Texas Mesothelioma Lawyer

Mesothelioma Attorney in Texas

Texas families can be diagnosed with mesothelioma without warning, and often years after the exposure that caused it. By the time they feel symptoms, the disease and its medical, emotional, and financial impact can seem insurmountable. Our Texas mesothelioma lawyers at Wallace & Graham, P.A., fight for the rights of those who are impacted by corporate actions that could have been avoided.

In most cases, Mesothelioma can be tied back to industrial practices that put workers in contact with hazardous materials without any protection. We work hard to get those affected by the dangerous operations of industrial companies across Texas the compensation they deserve.

Hire a Mesothelioma Lawyer

Mesothelioma claims involve a lot of discovery, medical evidence, and proof, and the need to show exposure that may have happened 20 to 40 years ago. With nearly 40 years of combined experience, Wallace & Graham, P.A. has represented families throughout the country in complicated mesothelioma and toxic exposure litigation.

Our lead attorney, Bill Graham, was named as one of the attorneys responsible for a mesothelioma case resulting in one of the Top 10 U.S. jury verdicts for the year. We focus on catastrophic injury and wrongful death cases, so we are able to build each case using a mountain of evidence, medical professionals, and a trial-ready philosophy from day one.

Mesothelioma and Texas’s Energy and Refining Infrastructure

Texas is home to one of the largest clusters of refineries, petrochemical plants, and power generation facilities in the country. For decades throughout the twentieth century, these facilities utilized materials that produce high amounts of heat for industrial processes like boilers, turbines, piping systems, and chemical processing units.

Employees who worked on the construction, maintenance, and shutdown of these facilities were often exposed to these harmful materials over the course of their careers. The Centers for Disease Control and Prevention reported that 2,669 people across the country were diagnosed with mesothelioma in 2022.

These new cases are the result of exposure to harmful materials that may have taken place several decades prior. With one of the largest concentrations of industrial facilities in the country, Texas sees continued diagnoses due to the amount of exposure that took place. Oftentimes, this exposure was the result of prolonged exposure over the course of several years.

Filing Deadlines in Texas Mesothelioma Cases

Texas imposes a two-year statute of limitations on personal injury and wrongful death claims under Section 16.003 of the Texas Civil Practice & Remedies Code. In mesothelioma cases, however, courts recognize that the disease is a latent condition that is not discoverable at the time of exposure. Consequently, Texas uses the discovery rule.

The claim generally accrues when the injury is discovered or should have been discovered through the exercise of reasonable diligence. Therefore, rather than accrue when the person was exposed many years ago, they can file suit when they discovered or should have discovered they were injured.

Defense arguments often claim that earlier symptoms or a patient’s pre-existing medical conditions initiated accrual. For this reason, early legal review is essential to preserving a claim.

Delayed Diagnosis and Missed Opportunities for Early Intervention

Mesothelioma often goes undiagnosed until later stages because common symptoms mimic other illnesses, including respiratory and gastrointestinal problems. In Texas, many patients receive treatment for years for asthma, chronic bronchitis, or digestive issues before mesothelioma is diagnosed or considered. Delays in diagnosis can narrow treatment options and impact prognosis.

The legal determination of when a claimant should have discovered their injury becomes relevant during situations involving delayed diagnosis. Medical records and prior imaging, as well as the history of symptoms, can come into play when trying to determine how long you have to file a claim.

Pleural Mesothelioma and Disease Classification

There are various types of mesothelioma depending on where in the body the cancer develops. This affects your treatment options and your prognosis. Epidemiological research estimates that about 80% of mesothelioma cases are pleural. Pleural mesothelioma occurs when cancer develops in the lining of your lungs and is most often caused by inhaling dangerous industrial fibers.

Other forms include peritoneal mesothelioma, which affects the abdomen. Knowing the type of mesothelioma you were diagnosed with can help you understand your medical options. It can also play a factor in how your work history may have played a role

Industrial Exposure at Major Texas Refining Sites

Many Texas mesothelioma victims worked at large facilities with decades of operations under their belt. Refinery workers in both Texas City and Port Arthur, Texas, performed regular maintenance shutdowns and equipment repair that involved disturbing high-heat insulation and equipment. These sites operated for many years and used products that could withstand extreme heat and pressure.

Employees were exposed while performing normal job functions like fitting pipes, repairing boilers, or replacing equipment. Contractors and temporary workers who did not directly work for the refinery operators were also likely to have sustained repeated exposure while on the job.

Military and Shipyard Work Along the Texas Coast

Shipbuilding, ship repair, and military operations have been staples of economic activity along the Gulf Coast of Texas for many decades. As workers at shipyards and support facilities along the coast performed construction, retrofitting, repair, and maintenance duties, they were exposed to many toxic industrial byproducts.

Service members and civilians may not understand that even temporary duty or contractual work can lead to exposure. Military and civilian employment histories can overlap in these cases, making it important to investigate personnel records, job responsibilities, and working conditions. Many Texas mesothelioma claims involving work along the Gulf Coast have exposure pathways that are different from those in typical factory or refinery exposures.

Exposure at Texas Petrochemical and Manufacturing Facilities

Many Texas mesothelioma patients worked at sites that have been in operation for many decades, such as those on the Gulf Coast and along major inland industrial corridors. Petrochemical facilities in Baytown and refining operations outside of Pasadena used large amounts of heat-resistant industrial equipment for years.

Tradesmen who installed, maintained, and repaired this equipment often worked with insulation, gaskets, and piping during plant startups and shutdowns. In addition to employees, contractors and laborers were not immune. These workers may have spent years working at various facilities without knowing about health hazards.

FAQs

Who Is Legally Responsible for My Mesothelioma in Texas?

In Texas, asbestos victims may be able to file a claim against not only their employer, but also other parties who supplied or worked with the materials that caused their disease. Third-party claims can be brought against manufacturers, suppliers, distributors, and contractors who are responsible for producing and supplying a dangerous substance.

What Damages Can I Recover From a Texas Mesothelioma Claim?

The damages someone can recover from a Texas Mesothelioma claim depend on the facts of each individual case. Mesothelioma claims generally involve claims for medical costs, lost wages, reduced earning capacity, pain and suffering, etc.

If a person dies from mesothelioma, surviving family members may be able to file a wrongful death claim and recover damages for their loss of support and/or loss of consortium. An attorney can better assess your options under Texas law.

Do Mesothelioma Cases Go to Trial in Texas?

Yes, some mesothelioma cases go to trial in Texas. However, many settle. If a claimant’s exposure and the liable parties are clear, your case is more likely to settle. Oftentimes, we must prepare every case to go to trial in order to preserve our client’s position and seek fair compensation under Texas law.

Does Filing a Mesothelioma Claim Affect Workers’ Compensation Benefits?

Filing a mesothelioma claim does not automatically bar a person from collecting workers’ compensation benefits. Most mesothelioma claims are brought against third parties like manufacturers or suppliers, not your employer. Workers’ compensation laws and third-party claims are completely separate. It’s vital to understand how one avenue of recovery may affect the others in Texas.

Can Mesothelioma Claims Be Filed on Behalf of an Incapacitated Patient?

Yes, if a mesothelioma victim becomes too sick to handle their own legal matters, then the claim can be pursued by someone who is legally authorized to act on the patient’s behalf. Common examples include legal guardians and personal representatives. Keep in mind that these cases are still subject to the same procedural rules and statutes of limitations. Preserving all vital evidence demands that legal action be initiated promptly to safeguard the patient’s legal rights.

Contact a Texas Mesothelioma Lawyer

Mesothelioma cases demand focused legal attention, detailed investigation, and a clear understanding of complex medical and exposure histories. Texas families facing this diagnosis often have limited time to evaluate their options while managing significant medical and financial challenges.

Experienced legal counsel can help identify responsible parties, preserve critical evidence, and pursue available forms of compensation under Texas law. Wallace & Graham, P.A. represents individuals and families affected by mesothelioma with diligence, precision, and care. If you or a loved one has been diagnosed with mesothelioma, hire a mesothelioma lawyer in Texas who can help explain potential legal paths and what steps may come next. Schedule a consultation today.