Mesothelioma Lawyer in Dallas

Texas Has Specific Requirements for Asbestos Claims

Mesothelioma litigation in Texas is governed by rules that go beyond those applicable to an ordinary personal injury claim.

Texas Civil Practice and Remedies Code Chapter 90 imposes medical-report requirements for asbestos-related injury claims.

For malignant mesothelioma, the statute requires a report from a physician with a qualifying board certification stating that the exposed person has been diagnosed with malignant mesothelioma or another malignant asbestos-related cancer and that, to a reasonable degree of medical probability, asbestos exposure was a cause of the diagnosed disease.

That requirement makes the medical evidence important from the beginning.

The investigation may also involve identifying which exposures were substantial enough to support causation against a particular defendant. Texas courts require asbestos plaintiffs to present legally sufficient evidence connecting the defendant's product or conduct to the disease rather than relying solely on a general history of asbestos exposure.

Who May Be Responsible for Asbestos Exposure?

The responsible parties in a mesothelioma case depend on how and where the exposure occurred.

Depending on the evidence, potential defendants may include manufacturers or suppliers of asbestos-containing products, contractors, premises owners, or other companies connected to the exposure.

Some companies with historic asbestos liabilities later entered bankruptcy. Federal bankruptcy law allows qualifying asbestos liabilities of certain companies to be channeled into asbestos personal injury trusts.

Those trusts are separate from ordinary lawsuits and operate under their own exposure, medical, and filing criteria. Whether a particular bankruptcy trust is relevant depends on the companies and products connected to the person's exposure history.

Determining the potential sources of recovery therefore begins with product, employer, and job-site identification rather than assuming a single company is responsible.

Veterans and Asbestos Exposure

Military service can also be relevant to an asbestos exposure history.

The Department of Veterans Affairs recognizes that veterans who developed an asbestos-related disease after qualifying exposure during military service may be eligible for disability compensation.

VA benefits and civil claims against private companies are separate legal paths. A veteran's potential civil case may therefore require identifying whether asbestos-containing products, manufacturers, contractors, or other private entities contributed to the exposure.

A military service history should be considered alongside civilian employment and other potential sources of asbestos exposure when reconstructing the full record.

What Texas Chapter 90 Means for a Mesothelioma Case

A mesothelioma claim is not established by diagnosis alone.

In addition to the medical-report requirements under Chapter 90, the evidence must support the connection between the asbestos exposure attributed to a defendant and the disease.

That can make exposure reconstruction one of the most important parts of the case.

Our attorneys review the available work history, records, witnesses, products, and medical evidence to determine what legal claims the facts may support.

Ori Raphael's background includes representing clients in product liability and toxic tort matters, while Damon Mathias has extensive civil litigation experience in Texas and federal courts. Damon is also a member of the Dallas Trial Lawyers Association and Illinois Trial Lawyers Association and was selected to Super Lawyers Rising Stars in 2022.

The firm prepares complex cases with litigation in mind rather than assuming that the first settlement opportunity is the right result.

Filing Deadlines for Texas Mesothelioma Claims

Texas generally has a two-year statute of limitations for personal injury actions.

Mesothelioma is different from an injury that is immediately apparent because asbestos-related occupational disease may remain latent for decades.

Texas courts have recognized a discovery rule for latent occupational disease cases. Under that rule, the accrual analysis can depend on when a person's symptoms became sufficiently apparent and when the person knew, or through reasonable diligence should have known, that the injury was likely connected to occupational exposure.

That does not make the deadline unlimited.

The date of diagnosis, earlier symptoms, medical advice, exposure information, and other circumstances can affect the limitations analysis. A person diagnosed with mesothelioma should therefore have the filing deadline evaluated from the facts of the individual case rather than relying on a generic calculation.

Claims After a Death From Mesothelioma

When a person dies from mesothelioma, surviving family members may have a Texas wrongful death claim.

Texas generally requires a wrongful death lawsuit to be filed within two years after the person's death, although the application of limitations can depend on the circumstances.

A wrongful death claim may involve losses different from those pursued during the injured person's lifetime, including legally recoverable losses suffered by qualifying family members.

The relationship between an existing personal injury case, survival claims, wrongful death claims, and any other compensation source should be evaluated as part of the overall case strategy.