Texas Mesothelioma Lawyer

If you’ve been injured by asbestos, a Texas mesothelioma lawyer can help you learn about your legal rights. Oil refineries and other industrial workplaces are responsible for the high rate of asbestos-related illnesses and deaths in Texas.

If you or a loved one have been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation. Complete our form to get a free Financial Compensation Packet. You’ll learn about the experienced mesothelioma lawyers in Texas, how to get paid in 90 days, how to file a claim for the asbestos trust funds, and more.

We help asbestos victims all over Texas, including, but not limited to:

Houston, San Antonio, Dallas, Austin, Ft. Worth, El Paso, Arlington, Corpus Christi, Plano, Laredo, Lubbock, Garland, Irving, Amarillo, Grand Prairie, Brownsville, Pasadena, McKinney, Mesquite, Killeen, Frisco, McAllen, Waco, Carrollton, Midland, Denton, Abilene, Beaumont, Odessa, Round Rock, Wichita Falls, Richardson, Lewisville, Tyler, Pearland, College Station, San Angelo, Allen, League City, Sugarland, Longview, Mission, Edinburg, Bryan, Baytown, Pharr, Temple, Missouri City, Flower Mound, North Richland Hills, Harlingen, Victoria, New Braunfels, Conroe, Cedar Park, Mansfield, Rowlett, Georgetown, Port Arthur, San Marcos, Pflugerville, Euless, De Soto, Grapevine, Galveston, Bedford, Cedar Hill, Texas City, Wylie, Haltom City, Keller, Rockwall, Burleson, Coppell, Huntsville, Duncanville, The Colony, Sherman, Hurst, Lancaster, Friendswood, Texarkana, Weslaco, Lufkin, Schertz, San Juan, Del Rio, La Porte, Nacogdoches, Deer Park, Rosenberg, Copperas Cove, Little Elm, Soccoro, Kyle, Leander, Farmers Branch, Waxahachie, Cleburn, and South Lake.

When Do I Need a Texas Mesothelioma Lawyer?

If you have a diagnosis of mesothelioma, you need to talk to a lawyer. Mesothelioma is caused by asbestos exposure, which is almost always negligent. This aggressive cancer can develop after just one instance of exposure or following decades of prolonged contact. When asbestos fibers are inhaled or ingested, they can become lodged in the linings of certain organs, irritating healthy tissues and cells.

Over time, these affected tissues and cells may undergo mutations, eventually becoming cancerous. Typically, this transformation doesn’t occur until 20-50 years after the initial exposure. Understanding this latency period is crucial, as it highlights the insidious nature of asbestos exposure and the long-term health risks it poses.

You were likely exposed on the job by companies that should have protected you. You have a right to hold those companies accountable and to seek damages.

A reputable asbestos law firm should offer a free initial consultation, so don’t hesitate to reach out. A lawyer will review your case and determine what steps you can take to seek compensation.

Choosing a Mesothelioma Lawyer in Texas

Asbestos cases are complicated and require experienced attorneys and law firms. Only these firms have the resources and expertise necessary to investigate your case and give you the best chance of a fair settlement.

Look for a Texas mesothelioma attorney with experience and who is part of a larger asbestos law firm. They should be able to:

• Utilize investigators to find evidence of companies that exposed you to asbestos
• Provide medical experts to prove asbestos exposure caused your illness
• Begin legal proceedings quickly and get a fast resolution
• Maximize your compensation
• Negotiate a fair settlement
• Litigate your case in court if necessary
• Provide compassionate services and come to you when you are too sick to travel
• Provide contingency payment, so you pay nothing until they win.

How to Make a Mesothelioma Claim in Texas

If you were exposed to asbestos in Texas and now have mesothelioma, you can seek compensation for your expenses. A lawyer can tell you if you qualify for one or more of the following:

• Personal Injury Lawsuit. Asbestos illnesses are personal injuries because they result from negligent exposure. You can sue for damages and to seek a settlement or jury award.
• Wrongful Death Lawsuit. You can also sue companies for damages in wrongful death cases if you lost a loved one to an asbestos illness.
• Asbestos Trust Fund Claim. You cannot sue bankrupt asbestos companies, but you could be eligible to make a claim with an asbestos trust fund. Bankrupt companies had to set up these funds to compensate future claimants.
• VA Benefits Claim. If you encountered asbestos during military service, a lawyer can help you prove it and make a claim for VA benefits.

Steps to File a Mesothelioma Lawsuit in Texas:

1. Initial Consultation: Contact a mesothelioma lawyer to discuss your situation. This step often involves a free case review, where you can either call or fill out a contact form to get started.

2. Case Evaluation: Once it’s determined you have a case, your lawyer will gather crucial evidence. This includes documentation of your work history, details of your asbestos exposure, and medical diagnosis.

3. Filing the Claim: Your legal team will file a claim on your behalf against the parties responsible for your asbestos exposure. This step formally begins the legal process.

4. Negotiation of Settlement: A lawyer will negotiate on your behalf to secure a settlement. The majority of mesothelioma cases are settled out of court, ensuring you receive compensation faster without the need for a prolonged trial.

5. Trial Process: If a settlement cannot be reached, your lawyer will prepare to represent you in court. They will present your case before a judge and jury to seek a favorable verdict.

By understanding these steps, you can navigate the legal process with confidence, ensuring you or your loved ones receive the compensation you deserve.

Are Asbestos Lawsuits Filed as Class Actions or Individual Cases?

Asbestos lawsuits are typically filed as individual cases rather than class action lawsuits. This approach ensures that each case receives personalized attention, allowing attorneys to focus on the unique aspects of a client’s situation.

• Personalized Representation: Filing individually allows your legal team to tailor their strategy to best fit your specific circumstances and needs.
• Maximized Compensation: With a dedicated effort on your case, there’s potential for securing the maximum compensation you deserve.
• Focused Advocacy: Individual lawsuits prioritize your story and experiences, ensuring your voice is heard throughout the legal process.

By opting for individual filings, attorneys can provide more dedicated support compared to the general approach of class actions.

How Much Compensation Can I Get for Mesothelioma?

Compensation amounts vary significantly by case. Factors that affect your compensation include:

• The degree of liability of the defendants
• The severity of your illness
• Your past, ongoing, and future expected medical expenses
• Lost wages
• Emotional and physical pain and suffering

The average settlement amount for mesothelioma lawsuits is between $1 million and $1.4 million. Jury awards are often much higher, but in a trial, you could end up with nothing.

One example of a winning case for a Texas asbestos victim illustrates what is possible when you take legal action against negligent companies. In 2013 Union Carbide lost an asbestos exposure case brought by Vernon and Patsy Walker.

Mr. Walker was diagnosed with mesothelioma after working with the company’s asbestos materials. Vernon worked for decades as a painter using Union Carbide asbestos-containing paints.

A jury awarded Mr. and Mrs. Walker $11 million in damages. Union Carbide has been at the center of numerous other mesothelioma lawsuits after workers became seriously ill from the company’s products.

Asbestos and the Oil Industry in Texas

Many of the oil companies in Texas built processing and refining facilities with asbestos-containing materials (ACMs).

ACMs were so useful in the industry because they resist heat and fire efficiently. However, asbestos in the workplace can lead to exposure and deadly illnesses.

• When asbestos insulation ages, it becomes brittle and breaks apart.
• ACMs may also break up when people do maintenance or renovation work.
• The fibers become airborne and can be inhaled and ingested by anyone in the vicinity.
• Those working with the materials are at the greatest risk, but anyone working around it can be affected.
• Asbestos fibers inhaled or ingested by workers build up over time inside the soft tissue in and around the lungs or even in the abdominal cavity.
• This can lead to damage and may cause asbestosis, lung cancer, mesothelioma, and other diseases.

The large amount of ACMs still found in aging oil production facilities is a major public health concern in the state.

According to the U.S. Centers for Disease Control (CDC), the death rate in Texas linked to malignant mesothelioma averages 17.5 per million inhabitants, much higher than in many other regions and states.

The principal operators of refineries and oil wells in Texas are:

• BP/Gulf
• Chevron/Texaco
• Citgo
• Esso/Enco/Exxon-Mobil
• FINA
• Shell

Oil facilities constructed in the early 1980s used either no asbestos or much less asbestos than in the past. Many older refineries and other buildings with asbestos lurking in the insulation and other materials.

Ceilings, drywall, gaskets, pipes, and other materials may have asbestos. Workers in these facilities are at risk for exposure, especially when doing work that disturbs the ACMs.

Where Else Were People Exposed to Asbestos in Texas?

In addition to oil production and refining, many industrial manufacturers, energy producers, and shipbuilding companies in Texas used asbestos at one time.

Though some facilities were built after the government classified asbestos as a health risk, several older facilities have been active since the 1930s. These often still contain asbestos.

Shipbuilding and Shipyards

Ships built in Texas before the 1970s used asbestos in almost all components, especially in the insulation and fireproofing.

Shipyard engineers, pipefitters, dockyard workers, maintenance workers, sailors, and others likely experienced asbestos exposure in these ships and are now at risk of mesothelioma.

Military Sites in Texas with Asbestos

Military veterans have some of the highest rates of asbestos illnesses because of the heavy use of asbestos in bases, machinery, equipment, and ships. These are some of the military sites in Texas that used asbestos and could have exposed service members:

• Bergstrom Air Force Base, Austin
• Brooks Air Force Base, San Antonio
• Camp Bullis Army Base, San Antonio
• Ellington Field Joint Reserve Base, Houston
• Fort Bliss, El Paso
• Fort Sam Houston, San Antonio
• Kelly Air Force Base and Annex, San Antonio
• Lackland Air Force Base, San Antonio
• Randolph Air Force Base, San Antonio
• Sheppard Air Force Base, Wichita Falls

Vermiculite Processing Plants

Vermiculite is a natural mineral processed in plants in many states in Texas. For decades, the W.R. Grace mines in Libby, Montana, shipped asbestos-contaminated vermiculite to these plants. Workers in these plants were at risk of asbestos exposure.

Several plants in Texas received contaminated shipments from W.R. Grace. These included plants in:

• Bonham
• Brownwood
• Dallas
• Forth Worth
• Galena Park
• Houston
• Irving
• La Porte
• Laredo
• McCauley
• Rotan
• San Antonio
• Sweetwater

Industrial Sites and Buildings

Other Texas facilities and industries that exposed workers to asbestos include aircraft factories, military bases, steel mills, and automotive manufacturing plants.

Even apartments, schools, government buildings, and military facilities have exposed unassuming people to the deadly mineral.

Naturally-Occurring Asbestos

Another potential source of exposure in Texas is naturally occurring asbestos (NOA). NOAs in Texas are located near Government Canyon Natural Area and the Panhandle region.

Human activity, like road-building, in areas where NOAs are found can cause people to be exposed to asbestos fibers. Natural disasters may also disturb asbestos.

Texas Companies and Buildings with Asbestos

These are some specific examples of workplaces and businesses in Texas associated with asbestos that could have exposed workers:

• El Paso Bank Building, El Paso
• Coastal Refining, Corpus Christi
• Gilman Fabrication Shop, Corpus Christi
• Port of Houston, Houston
• Shell Oil Refinery, Deer Park
• First International Bank Building, Dallas
• Chronicle Building, Houston
• Randolph Air Force Base, San Antonio
• Lackland Air Force Base, San Antonio
• Brooks Air Force Base, San Antonio
• Camp Bullis Army Base, San Antonio
• General Dynamics Plant, Fort Worth
• Todd Shipyard, Galveston and Houston
• Continental Can Plant, Houston
• Sun Oil, Beaumont
• Cosden Petroleum Refinery, Big Springs
• Consolidated Steel Shipbuilding, Orange
• Bethlehem Steel, Beaumont
• Fina Chemical Plant, Beaumont
• Diamond Shamrock Chemical, Houston
• Sinclair Oil Refinery, Houston
• Texaco, Houston
• Platzer Shipyard, Houston
• Armco Steel Mill, Houston
• Pride Refinery, Abilene
• Dallas Steam Electric Station, Dallas
• S.P.S. Steam Plant, Amarillo
• Levi Strauss, Amarillo
• 3M, Austin
• Motorola Plant, Austin

What is Secondhand Asbestos Exposure?

Secondhand asbestos exposure, also known as secondary exposure, occurs when individuals come into contact with asbestos fibers indirectly. This generally happens when a person who works in environments where asbestos is present inadvertently carries the fibers home on their clothing, skin, or hair.

How It Happens:

• Workplace Transfer: Asbestos workers, such as those in construction or industrial sectors, may closely interact with these dangerous fibers. Without proper decontamination procedures, they can unintentionally transport asbestos fragments to their households.
• Household Impact: Family members are at risk when these asbestos-covered clothes are laundered or shaken out, releasing fibers into the air. Even routine interactions like hugs or sitting on furniture where contaminated clothing has been can lead to exposure.

Why It Matters:

• Health Implications: This indirect contact can still cause serious health issues, including mesothelioma or lung cancer, similar to those faced by individuals with direct exposure.
• Prevalence: Homes of asbestos workers, during the era when asbestos use was more common, could inadvertently become a secondary exposure site, posing risks to all inhabitants.

Understanding the mechanics of secondhand asbestos exposure is crucial in preventing and mitigating health risks for entire families living with someone in high-risk professions.

Johnson & Johnson Asbestos Lawsuits in Texas

While most people encountered asbestos on the job, another source of exposure has recently been discovered. Talcum powder products can be contaminated with asbestos. Some people who used the products for years have developed mesothelioma or ovarian cancer.

Many of these people have sued talc producers and suppliers. They have also sued companies manufacturing talcum powder, like Johnson & Johnson.

Johnson & Johnson is facing thousands of lawsuits over asbestos exposure. To try to limit its liabilities, the company recently began a legal process known as the “Texas-Two-Step.” This strategy involves creating a new subsidiary in Texas, a state generally friendly to businesses in legal situations.

The company places its asbestos liabilities in that subsidiary, which then declares bankruptcy. Victims cannot sue the bankrupt subsidiary. Plaintiffs and their lawyers have challenged Johnson & Johnson’s controversial maneuver in court. It has not yet been settled.

What Are the Asbestos Laws in Texas?

Texas asbestos laws include regulations that protect workers and residents, as well as laws that regulate mesothelioma and asbestos lawsuits.

Asbestos Safety Rules

The state of Texas regulates the handling and removal of asbestos through the Department of State Health Services:

• Property owners must give notice to the state before beginning any asbestos removal project. A state-certified inspector must perform a site survey.
• Training and certification for anyone involved in the asbestos removal process must go through a state-approved program. Asbestos workers pay annual state license fees and hold a $1 million asbestos abatement insurance policy.
• State-certified contractors maintain a log on asbestos work on all public property. Records are kept for at least 30 years to ensure compliance with state, EPA, and OSHA regulations.
• Texas allows exemptions for state certifications for the removal of asbestos-containing materials on small private residences.

For further information, call the Texas Asbestos Program’s Division for Regulatory Services at 512-834-6770.

Statute of Limitations on Mesothelioma and Asbestos Lawsuits

Under Tex. Civ. Prac. & Rem. Code § 16.001 et seq., plaintiffs in an asbestos-related lawsuit must file within two years of the diagnosis of the illness. Or it must be filed within two years of the time it should have been reasonably discovered.

Asbestos-related wrongful death lawsuits can only be filed within two years of the date of the victim’s death.

Additional Asbestos Laws in Texas

More mesothelioma lawsuits have been filed in Texas than in any other state. The state legislature recently passed laws to manage the high number of asbestos cases:

• There are strict requirements in place for plaintiffs, which have prevented some victims from filing or getting fair compensation.
• For example, anyone filing a mesothelioma lawsuit must already have a physical or functional impairment at the time of filing. Just being exposed to asbestos is not reason enough to file.
• Texas honors the “Joinder of Claimants.” This means an unrelated case can be joined with a mesothelioma case to save time.
• The state may also limit the liability of the company being sued if the company bought or merged with the business and assumed its liabilities.

Finding Mesothelioma Treatment in Texas

Texas is home to one of the world’s best cancer treatment centers. MD Anderson Cancer Center in Houston is not just an excellent cancer care facility. It includes mesothelioma specialists on staff and is associated with the Baylor College of Medicine Lung Institute.

For those navigating a mesothelioma diagnosis, understanding your condition and exploring treatment options can be overwhelming. Fortunately, MD Anderson offers resources designed to guide you through this journey:

• Specialist Consultations: Access to top mesothelioma specialists ensures you receive expert advice tailored to your unique situation.
• Personalized Care Plans: Collaborate with healthcare professionals to develop a treatment plan that suits your needs and goals.

Moreover, the center provides educational resources aimed at demystifying your diagnosis and helping you make informed decisions about your health. This support network is crucial for patients and their families, ensuring that you are not alone in this process.

By choosing MD Anderson, you not only gain access to cutting-edge treatments but also a comprehensive support system dedicated to your understanding and well-being.

How Long After Asbestos Exposure Does Mesothelioma Typically Develop?

If you’ve been exposed to asbestos, it’s crucial to understand the timeline for potential health impacts. Mesothelioma, a cancer linked to asbestos exposure, usually develops long after the initial contact.

Latency Period:
The disease often lies dormant for decades. Most individuals diagnosed with mesothelioma experience no symptoms for 20 to 50 years after their exposure to asbestos.

Delayed Onset:
Given the extended latency period, it’s not uncommon for the first signs of the disease to appear long after the asbestos exposure occurred. This prolonged delay can complicate early diagnosis and treatment.

By being aware of this timeframe, individuals can better monitor their health and seek medical advice if concerns arise, especially if they have a history of working in environments where asbestos was present.

What are the Symptoms of Mesothelioma?

Mesothelioma, a rare but aggressive cancer, can manifest through a variety of symptoms that often mimic those of other conditions. This similarity can make diagnosis challenging. Here’s a closer look at the common indicators:

• Persistent Chest Pain: An aching or sharp pain in the chest area is often reported.
• Chronic Coughing: A cough that doesn’t go away, possibly accompanied by hoarseness.
• Extreme Fatigue: Persistent tiredness that doesn’t improve with rest.
• Under-Skin Lumps: Noticeable lumps or swelling under the skin, particularly in the chest region.
• Nausea and Appetite Loss: Feelings of nausea and a reduced desire to eat.
• Abdominal Pain: Discomfort or pain in the abdomen, sometimes with swelling.
• Breathlessness: Difficulty breathing or shortness of breath, even with minimal exertion.
• Unexplained Weight Loss: Losing weight without making dietary changes or increasing physical activity.

These symptoms overlap with those of other illnesses like lung cancer or even less serious conditions such as a cold, which can obscure early detection. Recognizing these warning signs early and consulting a healthcare provider can aid in timely diagnosis and treatment.

Why is Mesothelioma Challenging to Diagnose?

Diagnosing mesothelioma poses numerous challenges due to its subtle symptoms and their resemblance to other ailments. Here’s why pinpointing this condition can be particularly tricky:

Similarity to Common Ailments

Mesothelioma’s symptoms, such as shortness of breath, chest pain, and persistent cough, overlap with those of more prevalent illnesses. These can range from lung cancer to simple respiratory infections like the common cold, making it hard for doctors to immediately distinguish the issue.

Delayed Onset of Symptoms

The disease often takes decades to manifest symptoms after initial asbestos exposure. By the time symptoms appear, they may be attributed to aging or chronic conditions rather than mesothelioma.

Complex Diagnostic Process

The process of confirming a mesothelioma diagnosis is intricate and typically involves multiple steps. These include imaging tests like X-rays or CT scans and invasive procedures such as biopsies to obtain tissue samples for analysis.

Rare Disease

Given its rarity, with fewer cases compared to other cancers, some healthcare professionals might not have extensive experience in identifying mesothelioma. This lack of familiarity can lead to initial misdiagnosis or delayed diagnosis.

Need for Specialist Consultation

Accurate diagnosis often requires the expertise of specialists in oncology and pulmonology. Patients may need referrals to larger medical centers or specialized institutions, leading to further delays.

By understanding these hurdles, patients and healthcare providers can work together more effectively, potentially leading to earlier detection and better management of the disease.

What are the Symptoms of Mesothelioma?

Mesothelioma, a rare but aggressive cancer, can manifest through a variety of symptoms that often mimic those of other conditions. This similarity can make diagnosis challenging. Here’s a closer look at the common indicators:

• Persistent Chest Pain: An aching or sharp pain in the chest area is often reported.
• Chronic Coughing: A cough that doesn’t go away, possibly accompanied by hoarseness.
• Extreme Fatigue: Persistent tiredness that doesn’t improve with rest.
• Under-Skin Lumps: Noticeable lumps or swelling under the skin, particularly in the chest region.
• Nausea and Appetite Loss: Feelings of nausea and a reduced desire to eat.
• Abdominal Pain: Discomfort or pain in the abdomen, sometimes with swelling.
• Breathlessness: Difficulty breathing or shortness of breath, even with minimal exertion.
• Unexplained Weight Loss: Losing weight without making dietary changes or increasing physical activity.

These symptoms overlap with those of other illnesses like lung cancer or even less serious conditions such as a cold, which can obscure early detection. Recognizing these warning signs early and consulting a healthcare provider can aid in timely diagnosis and treatment.

Getting Legal Help in Texas

If you or a loved one suffer from mesothelioma, asbestos-related lung cancer, or asbestosis, remember that you may qualify for financial compensation. Don’t forget to fill out our form to get our free Financial Compensation Packet, filled with information on the experienced asbestos and mesothelioma attorneys in your area. For additional assistance, contact us at 800-793-4540.