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  • Writer's pictureRobert Schuerger

What Is the Mesothelioma Statute of Limitations in Texas?

There are many deadly diseases that people must deal with that can be caused by a series of reasons. While some of these are based on deliberate choices by the individuals, there are other situations in which they are simply victims of circumstances.


One of the latter is undoubtedly asbestos exposure, which was a much bigger concern before the 1970s than it is today. It is the reason why people get mesothelioma, which is a terrible disease. Those who have been diagnosed with the illness because of their exposure to the compound may be able to get compensation for the situation they now find themselves in.


If the victim has passed, surviving family members may be able to seek compensation instead. Anyone who falls under either umbrella must reach out to a qualified asbestos lawyer as soon as possible to find out what possible courses of action may be taken.


Pay attention to the information provided below that covers the statute of limitations for mesothelioma claims and other essential details.


Understanding Mesothelioma

Understanding Mesothelioma


Mesothelioma is a cancer that forms in the organs. It can specifically be found in the thin tissue that lines them, which is known as the mesothelium. Though it can affect so many different places, the most common area where the illness will be found is in the pleura, which is the tissue that can be found around the lungs.


To date, the only known cause of the disease is asbestos exposure. Bear in mind that the exposure does not immediately trigger the disease's symptoms. Additionally, not everyone who is exposed to asbestos will contract mesothelioma.


There Isn't Unlimited Time to File a Mesothelioma Claim


Asbestos litigation exists to help victims of the disease to be able to file a personal injury lawsuit and get the compensation that they deserve. however, there is a limit to when this filing can be done, and there are many reasons for this.


Remember that evidence is a big part of these kinds of cases, and as time goes on, the more likely it is that the integrity of the documents, witness testimonies, etc., that should be used will lose their integrity.


An experienced lawyer will do their best to ensure that their clients receive the maximum compensation possible. This is especially true at Schuerger Shunnarah Trial Attorneys where the team is willing to go to war for those whom they represent. They can assist with explaining the construction accident statute of limitations in Texas as well.


There is no reason to wait after a mesothelioma diagnosis has been received.


Understanding What a Statute of Limitations Is


Put simply, a statute of limitations speaks to the amount of time that people have to file not only personal injury lawsuits, but also other kinds of claims once they have been affected in some way. Once this time has passed, victims will likely lose their ability to get a fair settlement or any settlement at all.


Categories of Mesothelioma Claims


The asbestos-related disease is the catalyst for many personal injury lawsuits and it will usually be looked at through this lens. However, considering that mesothelioma patients will typically lose their lives from the illness, there is another categorization that can see it become a wrongful death lawsuit.


Personal injury cases and wrongful death cases are not handled in exactly the same way. There are many differences, one of which is that the victim will file in one scenario and surviving loved ones will file in the other.


What Is the Statute of Limitations for Mesothelioma Lawsuits in Texas?


In Texas, the statute of limitations for a mesothelioma claim is two years. This applies to both personal injury and wrongful death lawsuits. Note that this timeline does not apply to every state. Additionally, not every state will have the same statute of limitations for both kinds of cases.


How Is the Mesothelioma Lawsuit Statute of Limitations Calculated?


Personal injury cases will usually see the clock start to run on the day that the injury or accident in question happens. However, this is not the case for an asbestos claim where mesothelioma is at play, and this is based on the way the disease works, which was explained above.


Sure, the date of injury would technically be when the exposure happens. However, victims will usually not even realize there is a problem at this point.


Mesothelioma is very slow developing, which means that by the time someone with the illness realizes they are sick, a significant amount of time has passed since the exposure took place.


Therefore, the discovery rule applies to these kinds of cases, and it simply means that the statute of limitations will look at when a diagnosis is made as the starting point instead.


Without this principle in place, many victims would lose their opportunity to get compensated, and it would be no fault of their own. After all, diseases such as mesothelioma can sometimes take decades to show their effects.


What Kinds of Factors Affect the Statute of Limitations?


Here is one of the key places that an experienced mesothelioma lawyer shows their value. Asbestos-related cases are not very straightforward to handle, and that goes beyond the different legal principles that are necessary just to satisfy the burden of proof. Consider the following factors that will affect the timeline that applies to a given situation:


  1. Type of claim - As indicated before, a mesothelioma claim can fall under either the personal injury or the wrongful death lawsuit umbrella. Depending on the state, these may not carry the same amount of time.

  2. Residence - Where a victim currently lives and where they have lived in the past will also affect what deadlines are applicable. It takes a qualified attorney to determine which location should apply when filing a claim.

  3. Company and job site - Consider that a company can be located in a state and the sites that exposed employees work on can be in any number of other states. Remember that where the asbestos exposure happened is important in dictating which state's statute of limitations will apply to the situation

  4. Diagnoses - The focus here has been on mesothelioma but it is not the only asbestos-related disease that exists. Bear in mind too that one person could find themselves afflicted by multiple such illnesses simultaneously.


How Quickly After Diagnosis Should a Victim Reach Out to a Mesothelioma Attorney?


Once there is a confirmed diagnosis, the best thing that a victim can do is reach out to an asbestos attorney immediately. Remember what was said earlier about evidence. Additionally, there is a lot of discovery on the part of the lawyer that goes into figuring out which statute of limitations applies to the case.


Of course, there is also the matter of building a case that is strong enough to increase the likelihood of fair compensation as much as possible. Do not allow any time to pass after diagnosis as there is no benefit in doing so.


How Does a Mesothelioma Lawyer Help with an Asbestos-related Lawsuit?


Experienced and qualified lawyers such as those at Scheurger Shunnarah Trial Attorneys have mastered applying their experience to every situation that comes in without approaching each with a cookie-cutter style.


Each case is unique and it requires that a strategy is developed that is tailored to the individual needs of the claim and the persons that are involved. Here are a few of the key responsibilities that the lawyer will take on:


  • Ensuring that the lawsuit is filed on time

  • Researching which laws will apply to the matter

  • Completing a thorough investigation of all variables that apply to the matter, ensuring to identify every responsible party

  • Gathering any evidence that will be essential in the case-building exercise, which can include medical and employment records.

  • Negotiating a solid settlement with the responsible party to ensure that the client is compensated fairly

  • Representing the client in court in cases where it is not possible to settle the matter otherwise.


How Do Wrongful Death Lawsuits for Mesothelioma Work?


Wrongful death claims are brought about by the loved ones of a victim of asbestos exposure who has passed away from mesothelioma. In this case, the statute of limitations is different because it begins from the time that the victim becomes deceased.


Where Should an Asbestos Lawsuit Be Filed?

Where Should an Asbestos Lawsuit Be Filed?


There is no system that anyone who is not a legal professional can use to answer this question. Even qualified lawyers will need to know more about the situation at hand to be able to say where the filing should happen since it is not a straightforward affair. Again, do not forget to call a mesothelioma attorney in Houston TX as soon as possible once it is confirmed that mesothelioma is at play or once a victim has passed from it.


Schedule a Free Consultation Today with One of the Best Mesothelioma Lawyers in Houston!


Companies should not be able to get away with ruining lives because they expose people to asbestos. Do not allow them to do this by not contacting a personal injury lawyer in time or at all.


Schedule a free consultation today with Schuerger Shunnarah Trial Attorneys!

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