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  • Writer's pictureRobert Schuerger

How to File a Lawsuit for Mesothelioma in Texas

Throughout much of the 20th century, blue-collar workers and military personnel in Texas used asbestos or were exposed to it due to their occupation, unaware that it could lead to mesothelioma, a deadly and incurable cancer. 


Since the disease takes time to spread, some mesothelioma patients have died before they could take any legal action, while others failed to realize that their illness was a result of a manufacturer or employer's negligence. Fortunately, we are here to help the affected parties get the compensation they deserve for their asbestos-related diseases.


At Schuerger Shunnarah Trial Attorneys, our experienced Texas mesothelioma lawyers have extensive experience advocating for the rights of the affected parties in Dallas, Texas. We have obtained more than $1 billion in compensatory damages for our clients and can help injured victims, whether it's tapping into asbestos trust funds or filing lawsuits in court.


Mesothelioma victims and those suffering from asbestos-related diseases due to another's negligence should reach out to Schuerger Shunnarah Trial Attorneys. We will discuss the facts surrounding the case and guide the affected party on their legal options and can also discuss how to file a lawsuit for nursing home abuse in Texas.


Types of Mesothelioma Claims or Lawsuits in Texas

Types of Mesothelioma Claims or Lawsuits in Texas


There are several legal options that injured victims can pursue when it comes to mesothelioma cases, and these include the following: 


Asbestos Trust Fund Claims

Over the years, many asbestos companies have set up trust funds to compensate Texas mesothelioma victims for their reckless actions. By filing a claim, survivors can recover significant damages, including medical bills, lost wages, and other types of losses. 


An experienced Texas Mesothelioma attorney can help determine whether pursuing asbestos trust funds is the best option for the injured victim. 


Product Liability Claims

Survivors can bring product liability claims against the manufacturers or distributors who sold consumer products containing asbestos despite being aware of the potential risks of exposure to this naturally occurring fibrous silicate mineral. 


While such lawsuits can be challenging to fight, an experienced Texas mesothelioma attorney can protect the victims' rights and their best interests. They can provide the necessary evidence of the harmful carcinogen and establish a link between the product and the affected party's asbestos-related disease. 


Personal Injury or Mesothelioma Lawsuits

Filing mesothelioma lawsuits is the most common legal remedy, allowing the injured victim an opportunity to recover medical bills, pain and suffering, mental anguish, lost wages, and other types of losses.


Most mesothelioma lawsuits are settled outside of the court. This is positive news for all survivors, as they can build a solid case to negotiate a fair settlement without going to trial.


Who Is Eligible to File a Texas Mesothelioma Claim or Lawsuit?


Texas residents who have been victims of asbestos exposure due to their occupation or use of certain products may be eligible to file a mesothelioma claim after their diagnosis. They may have suffered serious asbestos-related diseases for which the law provides a remedy in the form of a claim or lawsuit. 


It's not just the residents who can bring civil action in Texas, but also mesothelioma patients from other parts of the country who have been exposed to asbestos during their time living, working, or visiting the Lone Star State.


A person can also die due to their asbestos-related illness before they can ever file a mesothelioma claim. If that happens, their surviving family members may have the right to obtain compensatory damages.


In such situations, those eligible to pursue legal action may be able to bring a wrongful death claim. It's essential to contact an attorney to help determine eligibility and hold the negligent party responsible. 


What Is the Statute of Limitations for a Texas Mesothelioma Claim?


The statute of limitations refers to the duration in which an injured victim or surviving family member must pursue a claim or lawsuit. This allows enough time for the plaintiff to build a solid case and the defendant to gather evidence to fight the suit. 


Under the statute of limitations for Texas mesothelioma cases, injured victims and surviving family members have two years from the date of diagnosis or death to file an asbestos claim or lawsuit. Failure to do so within the specified period can bar the affected party from seeking financial compensation.


How to File a Lawsuit for Mesothelioma in Texas

How to File a Lawsuit for Mesothelioma in Texas


Here are the key steps involved in filing an asbestos-related suit in Texas:


Stage #1: Getting Help from an Experienced Mesothelioma Lawyer

Since a mesothelioma case is much more challenging than a typical personal injury lawsuit, the affected parties must seek legal help from a reputable law firm. 


The lawyers at Schuerger Shunnarah Trial Attorneys have the experience, knowledge, and skills to help navigate the complex rules, build a strong case, and fight for the compensation the victim deserves. They offer a free consultation to discuss the case and guide the affected parties on their legal options.


A mesothelioma diagnosis usually happens at an advanced stage, which means that it can take 10 to 50 years for the tumor to spread. Before meeting up with the attorney, the injured victim should prepare for the consultation. 


Recalling what happened during that time can be crucial for building a strong case. However, some victims may not remember the events or exact details due to the passage of time. There's no need to worry, as our mesothelioma attorneys in Dallas can help investigate the affected party's asbestos exposure and gather relevant evidence to support their claim.


After the injured victim seeks legal help, the attorney will start to evaluate the case. They'll ask questions regarding the asbestos exposure, what the affected party has gone through, and other details relevant to the mesothelioma lawsuit. 


Besides discussing the case, a personal injury attorney will guide the injured victim through the entire legal process, including how to prepare for mesothelioma lawsuits. They'll also inform the affected party about how they communicate with their clients.


Most mesothelioma lawyers work on a contingency fee basis, which is great for the injured victims, as they don't need to worry about the legal fees. Under this arrangement, if the attorney wins the case, they take a certain percentage out of the settlement money as compensation for their services. It's a win-win situation for both parties. 


A key thing to remember is that the injured victim is under no obligation to hire an attorney after the free consultation session. If they're uncomfortable working with a particular lawyer, they can explore other law firms. 


Stage #2: Mesothelioma Claim Investigation

Investigating the facts surrounding the mesothelioma lawsuit is a major part of the personal injury case. During this stage, the attorney gathers evidence regarding the asbestos exposure. This may include collecting details about the victim's occupational history, medical records, products they use, and more. 


While mesothelioma is common among certain types of occupations, such as oilfield workers, military personnel, and shipbuilders, it could also happen due to exposure to consumer products containing asbestos. An investigation into the case could reveal the underlying cause of the illness, allowing the attorney to develop an effective legal strategy.


A resourceful law firm and its mesothelioma lawyers will contact experienced medical professionals to create a compelling narrative for the victim's lawsuit. The attorneys may research past cases, interview witnesses, and record expert testimonies to support the claim.


In wrongful death lawsuits involving asbestos exposure, the attorney will work closely with the deceased's family members to learn more about the victim, their life, work, daily routine, and so on before building a strong case.


Stage #3: File a Mesothelioma Lawsuit

The court in which the attorney has to file a mesothelioma lawsuit will depend on the facts surrounding the case. Some suits can be pretty straightforward. For example, those who have had their asbestos exposure in Fort Worth, Texas, may have to pursue legal action in Tarrant County. However, there may be certain exceptions to it. 


That said, not all asbestos litigation is the same, and some can be more complex than others. The exposure may have happened in multiple states or one place, while the company responsible for the disease may be based elsewhere. This can complicate the mesothelioma claim and make it challenging for the injured victim to navigate alone. 


Only an experienced attorney can investigate the cause of asbestos-related diseases and determine the right court for the case. Since state laws differ and the facts surrounding the lawsuit can vary from one suit to another, the lawyer will decide which jurisdiction serves the best interest of their client before they file a mesothelioma claim.


Stage #4: Responses and Discovery

Filing a mesothelioma lawsuit is only half of the headache. The attorney must follow the rules and guidelines to avoid a case dismissal. This includes proper documentation and serving a summon.


After filing a mesothelioma claim, the affected party and their lawyer must wait for the defendant's response. There are two ways this can go: either the defendant rejects the suit and fights it in court or makes a settlement. 


In most cases, the at-fault parties and their insurance companies deny liability or pass the blame onto the victim. These are dirty tactics that insurers use to coerce the plaintiffs into accepting a low settlement offer. 


The lawyers at Schuerger Shunnarah Trial Attorneys have extensive experience working for insurance companies in the past. They know all of the insider secrets and the tactics insurers use, giving the law firm an upper hand when it comes to tackling the at-fault parties. 


While an experienced attorney may be skilled at negotiating, disagreements between the parties over the settlement amount may arise, or going to court may seem like a better option. If the injured victim and their lawyer decide to proceed to trial, the discovery process will begin.


During this stage, parties on both sides will receive an opportunity to exchange documentation, evidence, and other important details about the mesothelioma lawsuit. For example, the defendant may ask for medical records, while the plaintiff could seek employment history and other information vital to the suit. 


The discovery phase also provides another opportunity to settle the case through mediation. If the parties agree to settle their disputes outside of the court, they may seek help from a mediator. However, if there are still disagreements, the mesothelioma lawsuit will proceed to trial.  


While an experienced attorney can build a strong case and fight for their client's best interest, going to court can lead to unpredictable results, and the outcome can go both ways. This is a risk that the injured victim and their lawyer must discuss with each other.


Stage #5: Mediation

When both parties agree to settle their disputes, they may choose a mediator, who is a third-party person (e.g., a judge or an attorney) without an active interest in the case. The decision must be mutual, and the agreed-upon individual may have a certificate in dispute resolution. 


After the mediator is called in, they will hold an informal meeting in a conference room with the relevant parties. Each side will present its case and arguments. While the plaintiff and defendant may attend the mediation, they are not legally required to do so. 


Once the mediator hears both sides, they will ask the plaintiff's attorney in private to make the first demand before discussing it with the defense counsel. There may be a discussion over the requested amount and the defendant's lawyer can also make a counteroffer. The back and forth between the parties continue until there is an agreement over the settlement. 


Stage #6: Trial (When Mediation Fails)  

Although mediation is a great way to settle a case before the court schedules the trial date, sometimes it may not result in a positive outcome. This could happen because the defendant and their insurance company may want to fight the mesothelioma lawsuit, or the plaintiff may have a better chance of making a greater financial recovery if they pursue the suit until the end. 


The injured victim and their attorney must decide every step of the way whether they want to go to trial, as it could be time-consuming and expensive. However, successfully fighting the Texas mesothelioma lawsuit in court could result in huge financial compensation for the affected party. 


When the plaintiff and their attorney win the asbestos litigation, the defense counsel can either accept the court's decision and pay the verdict amount or file an appeal, which could further extend the time period the victim can expect to receive compensation.


Seek Mesothelioma Compensation for Asbestos Exposure with Schuerger Shunnarah Trial Attorneys!


Injured victims in Dallas, Texas, must immediately reach out to Schuerger Shunnarah Trial Attorneys after their mesothelioma diagnosis, as they may not have enough time left to pursue legal action. Initial consultation is the first step to recovering compensation. 


Claimants must call us to schedule a free case review with our experienced Mesothelioma attorneys. We know how to navigate the complex asbestos litigation and remain dedicated to providing compassionate support throughout the legal process!

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