Litigating Asbestos Lung Cancer Claims in Texas Courts

For nearly the entirety of the 20th century, military personnel and Texas manufacturers used asbestos in professional processes. While they did not know, at the time, that asbestos could cause incurable cancers, the use of this material has been the source of countless asbestos lung cancer lawsuits in Texas.

After you have been diagnosed with lung cancer caused by asbestos exposure in your home, workplace, or from the naturally occurring exposure sites in Texas, hiring the trusted Carabin Shaw asbestos lawyers is the best way to seek the compensation you are owed.

Texas has seen various legal reforms regarding the process of filing a claim for asbestos exposure, with the most comprehensive of them taking effect in 2005. Filing asbestos lung cancer claims in Texas requires extensive evidence including medical records and employment documentation, as clearly connecting the existing illnesses to asbestos exposure is the core of these claims.

While some states require claims filed to go through trusts and other government departments, Texas allows a victim of exposure to hold the negligent party accountable as with any personal injury claim as well. In cases where the negligent party was an employer, the litigation process for asbestos cases requires that a victim:

• Prove that the employer had a duty of care to prevent asbestos exposure
• Establish that the employers’ negligence led to that exposure
• Prove that the negligence directly led to related damages or illnesses

While in cases where the negligent part was a manufacturer, the victim must:

• Prove that there was a design mistake in the product; or
• Prove that there was an error during manufacturing; or
• Prove that the manufacturer failed to warn the consumer about the potential hazard

Additionally, while there is a statue of limitation on asbestos cases, that statue of limitation does not begin until you have been diagnosed. To ask questions about your claim, or about other aspects of the litigation process, call our English and Spanish-speaking staff at the toll-free number 800-862-1260. Day or night, they are ready to take your call 24/7.

Mesothelioma is an incurable and aggressive form of cancer that presents in the tissue that covers internal organs, like the lungs and stomach lining. It is also the most common form of cancer caused by asbestos exposure and, according to the Centers for Disease Control and Prevention, caused over 1,300 deaths in Texas between 2001-2010.

Mesothelioma lawsuits in Texas are most commonly filed by workers who made their living in the following high-exposure fields:

• Shipbuilding
• Oil refinement
• Construction
• Manufacturing
• Metalworking
• Insulation

And similar fields, while veterans are at particularly high risk due to the additional uses that the military had for asbestos.

The National Cancer Institute states that it can take between 10 and 40 years for symptoms of an asbestos-related illness to appear. Documentation from those periods are rarely readily accessible. Lawyers that work with asbestos claims have an understanding of how complex these cases are, and have the resources necessary to gather vital evidence.

Our team will gather evidence, build your claim, and clearly communicate the avenues available to you when fighting for the compensation you are owed. Whether you are seeking compensation through an injury lawsuit or through the Texas asbestos trust funds, our free case review is your best first step towards building your strongest case.

Victims of asbestos exposure carry no fault for their diagnoses. Instead, these life-altering, and life-ending, illnesses are caused by misinformation and poor decisions from manufacturers.

We offer our services on a contingency-fee basis so that your financial situation is never a barrier between you and the justice you deserve. To see how our experts can guide you through the claims process, visit the Carabin Shaw reviews.

For more information

• CDC
• Cancer.gov