Mesothelioma Lawsuits In The State of Texas
Mesothelioma is a rare and deadly disease that is caused by exposure to asbestos. Research showed that asbestos causes cancer as early as the 1930s, leading to a surge of asbestos-related lawsuits starting in the 1990s from people who were exposed.
Mesothelioma is slow-forming cancer which is why many people exposed to asbestos do not begin to experience symptoms until years or decades later. People diagnosed with mesothelioma from asbestos exposure are eligible to receive compensation for their condition in the state of Texas by filing a mesothelioma lawsuit.
How To File A Mesothelioma Claim In Texas
One option is to file a claim against the organization that caused the exposure, such as in the case of veterans who were exposed to asbestos while serving in the United States Army. The Veteran’s Administration handles claims from veterans.
The same goes for people who lived in apartments and other properties that knowingly exposed their tenants to the dangerous chemical. Many people who have worked in Texas for a long time may have also been exposed to asbestos in the workplace and can file a claim against their employer.
Texas is a state with a high number of asbestos-related lawsuits which is why the state government created a new set of laws in an attempt to reduce the number of claims. An experienced mesothelioma lawyer will advise affected individuals on these state laws and how they may affect their claim. It may be beneficial to file the claim in a state other than Texas, depending on your case.
Who Pays For Mesothelioma Lawsuits
An asbestos trust fund is a fund that is set aside by a company to pay out to victims so that the company can avoid bankruptcy due to the high number of claims. This is where the money comes from to pay the victims in many mesothelioma lawsuits.
When claims are filed through an asbestos trust fund it means that the claim is not directly filed against the company that exposed them which protects the company or organization from bankruptcy. For those who are still employed by the organization that exposed them to asbestos, this can be a great option instead of filing directly against their current employer.
Asbestos Trust Funds
Ten main asbestos trust funds manage billions of dollars in assets. A mesothelioma lawyer can help guide victims to which asbestos trust fund is most likely to pay out to their client. The type of compensation and benefits that victims can receive will depend on their diagnosis and which asbestos trust fund they file their claim with.
Veteran’s Administration and Mesothelioma Claims
In the case of veterans who developed mesothelioma after serving in the military, it is the Veteran’s Administration that manages those claims. About thirty percent of all asbestos claims filed come from veterans who served in the Middle East or Asia who may have been exposed to asbestos when old buildings were damaged or through the materials used in their housing and workplaces. The kind of benefits that veterans can receive include disability funds, covered healthcare through the VA, as well as direct compensation.
Different Kinds of Mesothelioma Claims
There are two main kinds of claims for victims of asbestos poisoning that lead to mesothelioma. The first kind is personal injury claims which are for individuals who are still living with the effects of their disease. If the person who suffered from mesothelioma passed away due to their condition then their family can file a wrongful death lawsuit and receive compensation which is especially helpful to families who have lost loved ones due to the disease and are suffering financially after the wrongful death.
Where Asbestos Exposure in Texas Comes From
The state of Texas has several deposits of asbestos that are naturally occurring, but a great deal of the mesothelioma cases in the state do not come from these natural deposits and instead from exposure in the workplace. It is primarily construction jobs that lead to asbestos poisoning as working on old buildings and ships is likely to result in an exposure. Another common field of work that leads to asbestos exposure is any industry that works with chemicals such as in power plants.
Texas Industries With High Rates of Asbestos Poisoning
- Power plants
- Chemical plants
- Oil refineries
How Much Do Winners of Mesothelioma Lawsuits in Texas Receive
Filers don’t always need to win their lawsuits to receive compensation as in many cases the organization or company that has been filed against will choose to settle before the case ever goes to court. For example, those who are eligible for compensation through the asbestos trust fund will, on average, receive six figure settlements. Those who win lawsuits with a guilty verdict in their favor receive on average close to a million dollars. In some cases, it is more beneficial for the company or organization to settle outside of court to avoid legal fees and a guilty verdict.
Texas State Laws
The Department of Health Services in Texas oversees claims as directed by the state’s Asbestos Program. While the state has changed the laws in recent years to try to reduce the number of claims, the federal government also has regulations that the state must abide by.
Texas state laws limit the number of people who are eligible to receive benefits related to asbestos and mesothelioma. It is usually necessary for victims to have already shown the effects of the disease and people who have suffered exposure but have symptoms of asbestos poisoning are not eligible for compensation. This means that even if an individual has been exposed to asbestos, they are not eligible to receive any kind of compensation until they start to develop symptoms.
Texas vs. Nationwide Attorneys
There are attorneys based in Texas that are experienced and successful at winning compensation for their clients who have developed mesothelioma or lung-cancer from exposure in the state of Texas. It may be beneficial to use a nationwide attorney’s office to file a claim because those attorneys will be knowledgeable of the laws in other states outside Texas and have the ability to travel and advise outside of the state.