​Texas Mesothelioma Lawyer

February 21, 2023 | Attorney, Matthew Dolman

Even with the growing evidence that showed asbestos was deadly, companies and industries continued to use it for years. As a result of this use, countless individuals, workers, and their loved ones paid a tragic price for their exposure to this hazardous mineral. However, today, those diagnosed with mesothelioma are fighting back and pursuing legal actions to go after compensation for the harm and losses they suffered.

If you believe you or your family member has a viable mesothelioma claim, contact an experienced Texas mesothelioma attorney from the Dolman Law Group Accident Injury Lawyers, PA. With our legal team fighting for your rights, you will not have to take on this complicated legal battle alone or figure out how to fight for the financial recovery you and your loved ones deserve.

Dolman Law Group, Accident Injury Lawyers, PA: How We Fight For Your Rights

At the Dolman Law Group Accident Injury Lawyers, PA, our legal team is known for getting results, fighting for our clients, and providing those harmed in an accident with the legal support and guidance they need during this difficult time.

In addition, because our attorneys practice in many different areas of personal injury law, we have extensive experience handling the most challenging cases and fighting for the outcomes our clients need. As a result, we have not only helped numerous individuals over the years go after the justice they wanted, but we have also secured millions of dollars on their behalf through verdicts and settlement negotiations.

For these reasons, if you are searching for a Texas mesothelioma lawyer, look no further than the Dolman Law Group Accident Injury Lawyers, PA. Our legal team can not only review your case for free, but we can also meet with you at one of our many locations, including at our Houston and San Antonio offices.

​Texas Mesothelioma Lawyer

What to Know About Mesothelioma

Mesothelioma is a type of cancer that forms in the thin layer of tissues covering most of the internal organs or the mesothelium. Unfortunately, this cancer is often very aggressive and deadly, with many patients living only 12 months after diagnosis. Most mesothelioma diagnoses are related to asbestos exposure.

Asbestos is a group of six naturally occurring minerals made up of heat-resistant fibers. Due to their makeup, asbestos has been used in countless products, including pipe insulation, floor tiles, vehicle brakes, clutches, and building materials.

Yet, even though asbestos can be found naturally, it can be deadly when inhaled or swallowed. When an individual inhales these asbestos fibers, they can settle in the lungs and stomach and result in irritations that can cause mesothelioma.

Other Mesothelioma Risk Factors

While asbestos exposure is the primary risk factor for mesothelioma, it should be noted that some individuals exposed to asbestos will not develop mesothelioma.

Several other factors that can cause cancer, including:

  • Individuals exposed to asbestos for an extended period have an increased risk of developing mesothelioma.
  • Living with another individual that works with asbestos can increase a person’s risk of developing mesothelioma.
  • A family’s history of mesothelioma can increase a person’s risk of developing cancer.
  • Individuals who had radiation therapy for cancer in the chest between the 1920s and 1950s may have an increased risk of developing mesothelioma.

Occupations That Have Higher Rates of Mesothelioma

Approximately 75 percent of mesothelioma cases can be linked to asbestos exposure at work.

However, the occupations that pose the most significant risk of developing mesothelioma after asbestos exposure include:

  • Automobile mechanics
  • Construction workers
  • Firefighters
  • Industrial workers
  • HVAC workers
  • Insulators
  • Machine operators
  • Mine workers
  • Machinists
  • Shipyard workers
  • Oil refinery workers
  • Carpenters
  • Chemical plant workers
  • Electricians
  • First responders
  • Railroad workers
  • Metal workers
  • Plumbers
  • Textile mill workers

Yet, because this list is only a small sample of occupations that have the greatest risk of mesothelioma, if you or a loved one developed mesothelioma, no matter if your occupation is on the list above, reach out to an experienced Texas mesothelioma attorney at Dolman Law Group Accident Injury Lawyers, PA as soon as possible.

Our mass tort attorneys can go over your case in detail, determine whether you have a viable legal claim, and help you figure out the best legal course of action to go after the justice and financial damages you deserve.

If you or a loved one have been diagnosed with mesothelioma, you likely have numerous questions and concerns about the diagnosis, your future, and your legal options. In these situations, consider contacting an experienced mesothelioma attorney to go over your issues.

These lawyers can help you understand the legal actions you can take and the type of financial recovery you can pursue. They can also help you figure out if you have a valid mesothelioma claim, which is a type of legal action that allows mesothelioma patients and their loved ones to pursue financial recovery for illnesses related to asbestos exposure.

Different Types of Mesothelioma Claims

Although the most common mesothelioma claims are personal injury lawsuits and wrongful death claims, asbestos companies have also created trust funds to compensate victims. To break down all of these different types of mesothelioma claims, consider the following:

Personal Injury Lawsuit

When a person decides to pursue a personal injury lawsuit following a mesothelioma diagnosis, the court can award them financial damages for their losses due to this cancer.

Generally, these claims are filed by the patient diagnosed with mesothelioma, but if the patient dies before the conclusion of the suit, their family members can continue on their behalf. In addition, most of these lawsuits are settled outside of the courtroom before the trial begins.

A Wrongful Death

If an individual dies due to mesothelioma, their surviving family members can file a wrongful death claim. In these types of suits, the family can pursue compensation for their many losses, including funeral and burial costs, loss of financial support, as well as other expenses.

A VA Claim

A VA claim is a financial benefit available to those individuals exposed to asbestos in the military and later diagnosed with mesothelioma. However, a VA claim is not a lawsuit. Rather, these claims are nontaxable payments for veterans with certain types of disabilities, including mesothelioma, which is recognized as a disability by the United States government caused by asbestos exposure while serving in the military.

Trust Fund Claims

Asbestos trust funds were set up on behalf of negligent asbestos companies that have gone bankrupt to compensate individuals harmed by asbestos exposure. However, to pursue a trust fund claim, individuals need to meet and prove several criteria.

That is why if you have been diagnosed with mesothelioma and want to know your legal options, contact an experienced Texas mesothelioma attorney from the Dolman Law Group Accident Injury Lawyers, PA, as soon as you can. These lawyers can help you figure out which type of claim you should file, assist you through the whole legal process, and go after the maximum financial recovery you deserve.

Determining Eligibility to File a Mesothelioma Lawsuit

Typically, to file a mesothelioma lawsuit, you have to show proof of your mesothelioma diagnosis and that there is still enough time to file your case. This proof is usually demonstrated through documentation such as medical reports showing you have been diagnosed with this type of cancer and are receiving treatment.

You will also need to document the asbestos exposure history that led to this mesothelioma diagnosis. This documentation often includes things such as employment records, as well as detailed descriptions and testimony about the exposure. Finally, it is also a good idea to collect bills related to your mesothelioma treatments, showing the financial hardships you suffered as a result of this cancer.

However, if you need help with this gathering process, consider reaching out to a knowledgeable mesothelioma lawyer. These attorneys can help you find and obtain all this evidence while also coming up with the best strategy to fight for all the money you need, including compensation for your medical bills, losses, and other expenses related to the mesothelioma diagnosis.

What Compensation Can You Recover When You File a Mesothelioma Lawsuit?

When you file a mesothelioma lawsuit, there are various monetary damages you can pursue, including payment for:

  • Medical bills related to all the past and current medical expenses related to your mesothelioma treatments, such as travel expenses, medications, specialist visits, and other types of treatments
  • Future medical expenses
  • Loss of income, including wages, commissions, and bonuses
  • Diminished earning capacity
  • Pain and suffering resulting from the mesothelioma
  • Emotional distress, such as fear, anxiety, and depression as a result of the mesothelioma diagnosis
  • Loss of enjoyment of life, as you are no longer able to enjoy your normal activities because of your mesothelioma symptoms
  • Loss of companionship due to the impact mesothelioma has had on your relationships
  • Funeral and burial expenses if your loved one lost their life because of mesothelioma

Working with an experienced mesothelioma attorney can help you determine not only which of these damages you can go after following your mesothelioma diagnosis, but these lawyers can also figure out the best way to fight for maximum damages on your behalf.

Statute of Limitations and Mesothelioma Claims

Before filing a mesothelioma lawsuit or a wrongful death claim, you need to understand that time is limited. According to the statute of limitations laws, individuals looking to pursue a legal suit after an alleged offense will have a limited time to file their case.

For example, in Texas, the statute of limitations to file a personal injury lawsuit and a wrongful death suit is only two years. If you do not file your suit by this deadline, the court can bar you from obtaining the money you need.

That is why if you want to file a mesothelioma lawsuit, consider discussing your case with a mesothelioma lawyer from Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. These attorneys can determine whether you are within the statute of limitations to file your case and help ensure the required paperwork is filed before time runs out.

How to File a Mesothelioma Claim?

If you want to file a mesothelioma claim, consider contacting an experienced attorney who has previously handled mesothelioma claims. These attorneys can help you understand your legal options for pursuing a legal claim and determine the financial recovery you may recover.

In addition, while the mesothelioma claims process may take many paths, your attorney can:

  • Gather evidence to support your case: When you work with these lawyers, they can review your asbestos exposure history and obtain proof and documentation to show the extent of this exposure. They can also help you secure evidence to show how much money you have spent in relation to this diagnosis and will continue to spend on future medical treatments.
  • Determine what type of mesothelioma claim to pursue: These attorneys can go over all the options you have when it comes to securing compensation for a mesothelioma diagnosis, including whether you should file a lawsuit or go after money from a trust fund.
  • Review settlement offers: If you decide to file a mesothelioma lawsuit, these attorneys can review any settlement offers you receive and make sure the offer is fair to you and your needs. If it is not, they can move forward to trial.

Regardless of what your case entails, at the Dolman Law Group Accident Injury Lawyers, PA, our legal team works with your best interests in mind. We are here to help maximize your compensation, minimize the stress and worry involved with your legal process, and assist you as you fight for the justice you deserve.

Texas Mesothelioma Lawyer FAQs

Following a mesothelioma diagnosis, you and your loved ones probably have countless questions regarding the diagnosis, your legal options, and the financial damages you can pursue. Below we have prepared responses to some of these frequently asked questions to provide you with the answers and clarity you need.

What Places in Texas Would Expose You to Asbestos?

Asbestos was prevalent in Texas for much of the 20th century. This human carcinogen was used to insulate everything from clothing to equipment used by workers in various industries, including shipyards and oil refineries.

Yet, while asbestos exposure happened all over Texas, most of it occurred in the industrial eastern part of the state, specifically around Dallas, Houston, El Paso, and Texas’s coast.

The following Texas counties have the highest number of asbestos-related deaths in the state:

  • Harris County
  • Dallas County
  • Tarrant County
  • Jefferson County
  • Bexar County
  • El Paso County
  • Galveston County
  • Orange County
  • Brazoria County
  • Travis County

In addition, some of the job sites in Texas with known asbestos exposure include Texas Chemical, Texaco Oil, Lone Star Industries, Gulf Oil, Chevron Phillips Chemical, and Todd Shipping Company.

Can Asbestos Exposure Still Take Place in Texas?

While most of the asbestos exposure occurred in the past, today, asbestos continues to linger, putting many people at risk. For instance, because the construction industry used so much asbestos in buildings, these toxic minerals are still around today. Worse yet, as these asbestos materials are disturbed through renovations or begin to deteriorate, they can expose the individuals inside buildings to this asbestos, workers, and others living nearby.

As a result, schools in Texas are a common place where asbestos can be found, as well as older public buildings, worksites, and even homes and apartment buildings.

Talk to an experienced Texas mesothelioma lawyer about your options if you were exposed to asbestos and developed mesothelioma. At Dolman Law Group Accident Injury Lawyers, PA, our legal team can review your situation in detail, determine whether you have a viable mesothelioma legal claim, and help you pursue the justice and damages you deserve.

Pursuing a legal mesothelioma claim is a way for mesothelioma patients and their loved ones to reduce some of the financial hardship that can result from this diagnosis and recoup some of their costly expenses.

For instance, filing a mesothelioma lawsuit can provide money for:

  • Medical bills, especially those that are not covered by insurance
  • Lost income
  • Travel expenses
  • Funeral and burial costs
  • Pain and suffering related to the mesothelioma diagnoses
  • A stable future for families and loved ones

If you want further information on why you should file a legal claim following your mesothelioma diagnosis, contact an experienced Texas mesothelioma lawyer as soon as possible. These legal professionals can help you understand your legal options when pursuing a mesothelioma claim and determine the financial remedies you may be entitled to.

Compensation following your mesothelioma diagnosis can come from various sources, including insurance companies, at-fault companies, asbestos trust funds, and the Department of Veterans Affairs:

  • At-fault companies: These companies can include asbestos product manufacturers, asbestos mine operators, and other companies that used or distributed products with asbestos.
  • Insurance companies: If a company has liability insurance, it can compensate those who need it. In addition, workers’ compensation claims will also fall into this category.
  • Trust funds: There are numerous trust funds that can pay asbestos claims in exchange for protection from further legal liability.
  • The VA: If a patient’s asbestos exposure happened during their military service, the VA can compensate these patients for their mesothelioma diagnosis.

Working with an experienced Texas mesothelioma lawyer from the Dolman Law Group Accident Injury Lawyers, PA, can help you figure out not only where you should go to get the money you need after your mesothelioma diagnosis but they can assist you in fighting for maximum compensation.

Can Your Family File an Asbestos Trust Fund Claim?

If your loved one passed away from mesothelioma, you could pursue a wrongful death claim with asbestos trust funds. If you want further information regarding this process, reach out to a knowledgeable Texas mesothelioma attorney as soon as possible. These attorneys can guide you on filing a wrongful death claim and help you go after the eligible compensation you and your family are entitled to following the loss of your family member.

How Much Money Can You Get From an Asbestos Trust Fund in Texas?

There is $30 billion remaining across 60 active asbestos trust funds.

And while the average claim made on trusts is around $180,000 per victim, if you pursue compensation from an asbestos trust fund, the amount of money you can obtain will vary depending on:

  • The severity and progression of your mesothelioma
  • The treatment costs involved with the mesothelioma diagnosis
  • The ability to work following the mesothelioma diagnosis
  • The payment schedule that is already in place for the trust fund. For instance, some asbestos trust fund payment percentages vary between 80 percent to 100 percent, while others offer a lower rate between 5 percent and 20 percent

It should also be noted that not every individual pursuing an asbestos trust fund will obtain the total amount to which they are entitled. This is because trusts have to hold money back for future claims. However, individuals are also not limited to filing a single mesothelioma trust fund claim. They can file numerous claims against different trust funds.

What Companies in Texas Have an Asbestos Trust Fund?

In Texas, there are numerous companies that have an asbestos trust fund.

They include:

  • Halliburton Company
  • Flexitallic
  • J.T. Thorpe (S.D. Tex.)
  • Global Industrial Technologies (Harbison-Walker)
  • Kellogg Brown
  • Root incorporated
  • Swan Transportation Company
  • Tyler Pipe and Foundry
  • Tyler Pipe Industries incorporated
  • Utex Industries
  • Energy Future Holdings (EFH) and its subsidiaries

How Long Will It Take to Get Compensation If You Pursue a Mesothelioma Claim?

The time it takes for individuals to obtain compensation following a mesothelioma-related legal claim will depend on the circumstances. For example, eligible individuals can receive payments from asbestos trust funds between 90 days to six months or longer.

If individuals pursue a mesothelioma lawsuit and this suit goes to trial, it can take a long time to reach a verdict, which can delay mesothelioma patients from getting the money they need.

However, if you want further information about these timelines, contact an experienced Texas mesothelioma attorney. These lawyers can help you understand how your circumstances may impact this period.

How Much Does It Cost to Retain a Mesothelioma Lawyer?

Most mesothelioma law firms work on a contingency fee basis, meaning these attorneys will only get paid once they win your case or obtain a settlement amount on your behalf. In addition, the amount an attorney will receive will be based on a portion of the proceeds obtained and will be agreed upon by the client and the lawyer before the case starts.

That is why if you are considering filing a mesothelioma claim, do not let the cost of hiring an attorney stop you. Not only will you not owe these lawyers anything until you obtain compensation for your case, but consultations are usually free, so you can go over your case with an experienced attorney and figure out your next steps at no cost to you.

For some, a mesothelioma diagnosis due to asbestos exposure may not be a surprise. However, for others, it can be a complete shock because they have no idea when or where they were exposed to asbestos.

However, if you are going through this devastating diagnosis and have no idea where you could have been exposed to asbestos, consider contacting an experienced Texas mesothelioma lawyer from the Dolman Law Group Accident Injury Lawyers, PA. Our knowledgeable legal team can thoroughly review your history and discover where you could have been exposed to asbestos.

Mesothelioma cases are often settled outside of the courtroom. However, if the other side offers you a settlement, make sure you figure out if this offer is fair before you accept it.

The other side may provide claimants with a meager settlement amount because they believe these individuals will accept it without asking questions or looking into whether the amount is fair to them. However, if you accept a settlement offer and determine later that more money is needed to cover your losses and expenses, you will not be able to return to the other party and ask for more.

For these reasons, if the other side offers you money, review the amount with an attorney before you agree to anything. These lawyers can determine not only if the offer is fair, but if it is not, they can go back to the other side and fight for a higher amount or go to trial to seek the compensation you deserve.

When Should You Hire a Mesothelioma Lawyer?

Due to the time limitations involved with filing a mesothelioma lawsuit, it is not a good idea to wait too long to pursue legal action. Rather, you should contact a mesothelioma attorney as soon as possible to verify whether you are eligible to pursue a mesothelioma claim, determine your legal options, and make sure that the proper legal documents are prepared and submitted before time runs out.

Boca Raton Car Accident Attorney
Matt Dolman, ​Texas Mesothelioma Lawyer

Learning that you have mesothelioma can be devastating. Not only can this diagnosis change your life, but your whole family can be affected by it emotionally, physically, and financially.

Yet, while the situation may appear to leave you powerless, you need to understand that you are not. You can fight back by holding liable parties accountable and pursuing the financial recovery you and your loved ones deserve.

And when you work with the Dolman Law Group Accident Injury Lawyers, PA, you will not have to take on this legal battle alone. Instead, our legal team can walk you through everything you need to know about taking on this claim and handle the details of it for you, so you can focus on more important things, like spending time with your family and friends.

Our attorneys can also:

  • Go after the money you need to pay your costly medical bills and treatments and make sure your family is financially secure for years to come.
  • Determine the best legal course of action for your situation.
  • Investigate your history and secure the evidence needed to show when and where you were exposed to asbestos that led to your mesothelioma diagnosis.
  • Build a strong case against the manufacturers of the asbestos products that caused your mesothelioma diagnosis.
  • Handle the settlement negotiations with the other side and go after a reasonable offer.
  • Head to trial if the other party is not willing to settle for a fair amount, and fight for the compensation you deserve.

If you or a family member have been diagnosed with mesothelioma and you want to know whether you are eligible for financial compensation, contact Dolman Law Group Accident Injury Lawyers, PA, today for a free case evaluation or call us at (833) 700-MESO [6376] and find out how our knowledgeable legal team can fight for you.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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