Understanding Mesothelioma Texas Law and How Attorneys Can Help
Exposure to asbestos is a reason for severe health hazards which often results in lung cancer. While some expensive medical treatments can offer assistance, unfortunately, as in most cancer cases, mesothelioma can only be controlled to a certain extent but cannot be cured. Having assistance from mesothelioma attorneys can be very helpful in this regard.
Previously, the law relating to mesothelioma claims was vague and ineffective. By hiring skilled lawyers, billionaire asbestos companies could easily evade liability in court. However, in 2005, Texas introduced a completely new mesothelioma law with amendments that made it more humane and favorable to the petitioner.
Key Differences Between the Old and New Mesothelioma Texas Laws
| Aspect | Old Texas Law | New Texas Law (2005) |
|---|---|---|
| Filing Deadline | Unclear, with limitations for filing cases. | No limitation period — cases can be filed anytime after diagnosis. |
| Company Liability | Companies could easily evade responsibility with strong legal teams. | Stricter corporate accountability for asbestos exposure. |
| Medical Assistance | No legal requirement for companies to cover medical costs. | Companies must pay for medical exams if the patient can’t afford them. |
| Case Approval | Attorneys could file cases without state oversight. | Must seek State Department of Health approval before filing. |
Unlike laws in other states, the mesothelioma Texas law sets no limitation period for filing a case. This means that patients or their representatives can visit mesothelioma attorneys at any stage after diagnosis. However, it also includes safeguards to prevent frivolous or indiscriminate claims. Attorneys must now obtain approval from the State Department of Health before filing a mesothelioma compensation claim.
Another important feature of the new law is that if asbestos exposure occurs, employees have the right to visit a doctor for medical help, with expenses covered by the company if the worker cannot afford it. Trials for mesothelioma Texas cases typically take place in Houston.
Why Working with Mesothelioma Attorneys Matters
Seeking assistance from mesothelioma attorneys is always beneficial. Initially, no upfront payment is required; fees are only charged upon successful settlement and compensation. Before choosing an attorney, it’s wise to research their previous experience and success rate in mesothelioma cases. Fortunately, the new Texas law leans in favor of petitioners. Courts aim to settle cases fairly, and if the defendant (often large asbestos companies) refuses to settle, the court will favor the petitioner.
It’s also essential to clarify who can file such cases. Only individuals with legal standing — such as the patient or an authorized representative — can do so. Even though the mesothelioma Texas law favors victims, they must still meet legal requirements for eligibility.
Therefore, it’s strongly recommended to consult experienced mesothelioma attorneys whenever a case needs to be filed to seek rightful compensation and justice.
Frequently Asked Questions (FAQ)
1. What makes Texas mesothelioma law different from other states?
Texas law allows filing mesothelioma cases at any time after diagnosis, with no limitation period, unlike most other states.
2. Do companies pay for medical treatment after asbestos exposure?
Yes, the new law requires companies to cover medical expenses for employees who cannot afford treatment.
3. Why is it important to hire mesothelioma attorneys?
Mesothelioma attorneys handle complex legal processes, ensuring victims receive proper compensation for their suffering.
4. How do I know if I am eligible to file a mesothelioma claim?
Eligibility depends on legal standing — the patient or a direct representative can file after proving asbestos exposure.
Sources:
National Cancer Institute
Occupational Safety and Health Administration (OSHA)
