Texas Mesothelioma Lawyers

Filing a Mesothelioma Claim in Texas

The first step in filing an asbestos claim in Texas is hiring a lawyer to ensure your claim is filed correctly. A Texas mesothelioma lawyer can explain how the state’s laws could impact your case and what type of claim to file.

Key Facts About Asbestos Claims in Texas

1. Texas has enacted regulations aimed at managing and reducing the number of pending asbestos lawsuits in the state. 
2. The most comprehensive reform came in 2005 when the state adopted measures such as modifying the medical criteria required to file a claim.
3. The state legislature created a multidistrict litigation procedure that designated specific courts to handle factually similar asbestos cases in 2003. 
4. A law was enacted in 1997 to curb the filing of nonresident asbestos claims. Still, Texas courts remain active with asbestos litigation.

Texas courts have created procedures to manage asbestos litigation within the state. For example, your mesothelioma lawyer should know that Texas authorizes its trial courts to give scheduling preference to claimants with mesothelioma.

Personal injury lawsuits, wrongful death lawsuits and asbestos trust fund claims may help you cover medical bills. They can also compensate you for lost income after a mesothelioma diagnosis.

Why Hire an Asbestos Lawyer in Texas?

Hiring a lawyer with expertise in Texas asbestos litigation improves your chances of securing justice and compensation. Texas laws regarding asbestos exposure are complex. A Texas asbestos attorney knowledgeable about asbestos litigation laws in the state can file your claim and maximize your potential compensation.

Texas mesothelioma lawyers are also knowledgeable about specific industries in the state, such as shipbuilding, construction and manufacturing, where asbestos exposure was prevalent. Their familiarity with the local courts, judges and precedents ensures your case is handled strategically, providing the best opportunity for a favorable outcome.

Texas Mesothelioma Law Firms

Some of the best mesothelioma law firms have office locations in Texas. Several of these top firms have offices in Dallas, Houston and San Antonio.

These firms have licenses to practice nationwide in addition to Texas. This is helpful because Texas is among the states where many mesothelioma plaintiffs file out-of-state asbestos claims, according to a KCIC industry report. That’s because Texas courts tend to favor asbestos defendants more often than mesothelioma plaintiffs. 

Nationwide Asbestos Law Firms Outside Texas

Texas residents with mesothelioma should consider a nationwide mesothelioma law firm because of their extensive experience and reach. Firms that practice nationwide know the best state in which to file your claim.

One of the benefits of hiring a nationwide firm is that they regularly travel throughout the country to meet with clients and likely will not charge you for their travel expenses to meet with you.

A top Texas mesothelioma lawyer can also evaluate your case and determine the appropriate jurisdiction for your claim. If yur exposure happened outside of Texas or the defendant in your case is headquartered elsewhere, it could be in your best interest to file in another state. 

Asbestos Compensation in Texas

Asbestos verdicts in Texas vary widely and reflect the unique circumstances of each case. Texas juries have ordered companies to pay significant mesothelioma compensation to Texas residents.

Notable Asbestos Settlements and Verdicts in Texas

• $130 Million: A jury in Orange, Texas, awarded these damages in 2001 to 5 plaintiffs who developed asbestos-related diseases after exposure to NARCO and Dresser’s asbestos products. All 5 plaintiffs were exposed while employed at a U.S. Pipe plant in another state.
• $11.6 Million: A Texas jury awarded these damages in 2002 to a man who developed mesothelioma after working with the Georgia-Pacific drywall joint compound at Knox Glass Company.
• $11 Million: A Dallas jury awarded these damages in 2013 to a painter who developed mesothelioma after working with asbestos products during the construction of malls, skyscrapers and homes.
• $9 Million: A Dallas jury awarded these damages in 2011 to the widow of a refinery worker who developed mesothelioma after working with asbestos insulation as a contract employee for Dow Chemical.
• $8.4 Million: A Dallas County jury awarded these damages in 2012 to the estate of a Dow Chemical refinery worker who developed mesothelioma after exposure to asbestos-containing pipes.

In 2022, Weitz & Luxenberg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods responsible for asbestos exposure.

In addition to a jury verdict, nationwide asbestos firms are known to get asbestos settlements worth more than $1 million for their clients. They can also secure six-figure payouts from asbestos trust funds.

Regulating Asbestos in Texas

Texas has a mix of federal and state laws that regulate asbestos. Texas asbestos exposure and litigation laws regulate workplace safety and provide legal avenues for compensation to protect residents.

Asbestos Codes, Statutes and Laws in Texas

• Texas Occupations Code Section 1954.001: Summarizes the Texas Asbestos Health Protection Act. These rules enforce strict standards for handling and removing asbestos, particularly in construction and industrial environments, to minimize exposure risks.
• Texas Department of State Health Services — Asbestos Program: Oversees maintenance, renovation and demolition of buildings containing asbestos.

• Texas Civil Practice & Remedies Code Section 16.003(a): Defines the statute of limitations for personal injury lawsuits in Texas. This law imposes clear filing deadlines (two years from diagnosis or wrongful death).
• Texas Civil Practice & Remedies Code Section 16.003(b): Defines the statute of limitations for wrongful death lawsuits in Texas.
• Texas Civil Practice & Remedies Code Section 41.001: Defines Texas’ negligence laws. They allow people diagnosed with asbestos-related diseases like mesothelioma to seek damages.

The state’s asbestos program prevents exposure in workplaces. Litigation laws ensure victims can hold negligent companies accountable. Additionally, Texas courts facilitate access to asbestos trust funds for victims of bankrupt companies.

Asbestos Exposure in Texas

Texas has six naturally occurring asbestos deposits, but most asbestos exposure in the state has taken place in occupational settings. Certain industries, especially ones involving high temperatures or dangerous chemicals, are known for using asbestos products.

Sites Known for Asbestos Exposure

• Oil Refineries: Oil and chemical refineries provide jobs to thousands of people in Texas, but these occupations can be dangerous because they require constant exposure to high-intensity heat. Because of its heat-resistant qualities, asbestos was used as an insulating material and a fire retardant. 
• Old Buildings: Asbestos construction materials pose risks in buildings constructed before the 1980s. In May 2021, about 115 firefighters responded to a fire at a warehouse in Austin, Texas, that was contaminated with asbestos-containing materials. The firefighters later received X-rays as a precautionary measure to document their lung health in case they developed asbestos-related diseases.
• Schools: Asbestos materials were used in schools across the U.S. Many schools in Texas contain asbestos that must be contained or removed. For example, in January 2019, construction at two schools stalled in Tyler, Texas, to abate asbestos. The schools, Tyler High and Tyler Legacy High, had old buildings that contained asbestos-contaminated floor tiles. The school district hired a professional asbestos abatement company to remove the contaminated tiles before construction continued safely.
• Shipyards: Shipyard workers and crews are occupations known to have a high risk for asbestos exposure because the material was widely used until the 1980s. Not only was asbestos used as a fire retardant in these ships and shipyards, but it was also often used to coat pipes and boilers located in engine rooms because of its insulation properties.
• Vermiculite Processing: The W.R. Grace & Company/Texas Vermiculite site in Dallas imported asbestos-tainted vermiculite until 1992. Working at or living near vermiculite plants puts people at risk of asbestos exposure.

Texans’ exposure to this toxic, fire-resistant mineral resulted in thousands of asbestos-related deaths from mesothelioma and asbestosis. In fact, at least 2,454 people died from asbestos-related diseases in Texas between 1999 and 2013, placing the state fourth nationwide in deaths attributed to the mineral.  

Occupations & Industries Known for Asbestos Exposure in Texas

Most Texans who suffer from mesothelioma were exposed to asbestos on the job. They worked in oil refineries, steel mills, foundries, chemical plants, automobile factories and petrochemical industries. 

Veterans are at a uniquely high risk of asbestos exposure, and their families face secondhand exposure. The U.S. armed forces used many types of asbestos products in every branch of the military. Other people were exposed simply because they lived near hazardous job sites. 

Higher-Risk Occupations in Texas

• Chemical plant workers
• Construction workers
• Insulation installers
• Manufacturing plant workers
• Metal workers
• Oil refinery workers
• Power plant workers
• Shipbuilders

Asbestos use was prevalent among companies in Texas during the 20th century to insulate equipment and clothing workers in major industries used. Texas refineries, including Texaco Oil and Gulf Oil, used asbestos to prevent dangerous fires. 

Chemical companies, like Texas Chemical, Lyondell Chemical and Chevron Phillips Chemical, used asbestos for its resistance to heat and corrosion. Shipyards in Texas, including Bethlehem Shipping Company, Gulfport Shipping Company and Todd Shipping Company, used asbestos products to make ships.

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