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Texas Mesothelioma Lawsuit Statute of Limitations

Texas mesothelioma lawsuit statute of limitations prescribes the amount of time an asbestos victim has to file a claim. The provisions for these statutes of limitations are outlined in the Texas Civil Practice and Remedies Code. The mesothelioma statute of limitations was enacted alongside Texas mesothelioma and asbestos laws to ensure that claims are brought promptly before witnesses die or evidence is lost. The time limits vary by judicial district and the type of claim being filed.

There are generally two types of mesothelioma statutes of limitations; personal injury lawsuits filed against the state or local government and civil suits brought against private citizens or companies. The time limit for filing a claim against the government is shorter than the time limit for filing a civil lawsuit.

There are some exceptions to the statute of limitations that could extend a victim's time to file a mesothelioma lawsuit in Texas. These exceptions are also specified in the Texas Civil Practice and Remedies Code.

Mesothelioma patients, and claimants with other asbestos related diseases who fail to their claims within the specified time frame will likely be barred and may be unable to recover their claims. However, there may be other compensation alternatives for victims.

Texas Statute of Limitations on Mesothelioma Claims

The relevant Texas statutes that prescribe the statute of limitations for mesothelioma and asbestos cases are as follows:

  • Toxic Tort Claims Act: Two years from the date of exposure
  • Civil Practice and Remedies Code: Two years from the date of exposure or discovery (per the Texas Discovery rule)

For mesothelioma claims in Texas, the most relevant statute is Texas Civil Practice and Remedies Code section 16.003, which provides a two-year limitations period from the date the cause of action accrues. For asbestos exposure cases, the limitations period is set forth in Texas Civil Practice and Remedies Code section 90.008, which generally provides a ten-year limitations period from the last exposure to asbestos.

In addition to the general statutes of limitations that apply to mesothelioma and asbestos claims, several other potential deadlines may apply in specific circumstances. For example, if an asbestos exposure occurred while serving in the military, special rules may apply. Similarly, if exposure occurs on the job, workers' compensation rules may apply.

It is important to note that the statute of limitations is not the only deadline that may apply in an asbestos or mesothelioma case. There are also deadlines for filing a claim with any applicable government program, such as the Veterans Administration or the Social Security Administration. In addition, there may be deadlines for filing a lawsuit in federal court if the exposure occurred on land owned by the United States government.

Asbestos Lawsuits Statute of Limitations by Texas Judicial District

In Texas, asbestos claims may be filed in the state district court in the jurisdiction where the exposure occurred. However, the case may be filed with federal district courts situated within the state's judicial district in selected cases. While Texas state district courts operate by the statute of limitations prescribed by state laws, the federal district courts are governed by the Federal Rules of Civil Procedure. As a result, asbestos claims filed in federal district courts in Texas may be subject to different statutes of limitations than those filed in state courts.

According to the federal rules of civil procedure, the statute of limitations for asbestos lawsuits is two years from "the date on which the cause of action accrued". Per Texas state law, the statute of limitations for personal injury and wrongful death claims is two years from the date of the diagnosis or death, whichever is later.

In federal district courts, the two-year statute of limitations may be tolled or extended in certain circumstances. For example, the statute of limitations may be tolled if the injured party was a minor at exposure. Additionally, the statute of limitations may be tolled if the injured party can show that they were unable to discover the personal injury until after the two-year period had expired.

It is important to note that, in a federal district court, the plaintiff must file a notice of claim within 90 days of the expiration of the mesothelioma statute of limitations. If the plaintiff fails to do so, in a small number of personal injury cases, the plaintiff may be able to file a claim under the federal Longshore and Harbor Workers' Compensation Act (LHWCA). The LHWCA provides benefits to workers who are injured while working on US waters or an adjoining area while employed by the government. Unlike most other workers' compensation programs, the LHWCA does not have a statute of limitations.

What are the Factors Affecting Mesothelioma Statute of Limitations in Texas?

The Factors Affecting Mesothelioma Statutes of Limitations in Texas include:

The date of diagnosis

The most essential factor in determining the statute of limitations for mesothelioma cases in Texas is the date of diagnosis. For victims who were diagnosed before July 1, 2003, the mesothelioma statute of limitations is two years from the date of diagnosis. For victims diagnosed after that date, the statute of limitations is one year from the date of diagnosis.

Whether or not the victim was employed by a state or local government entity

Victims employed by state or local government entities may have different statutes of limitations. These victims may have up to five years to file a claim, regardless of when they were diagnosed.

The age of the victim and the type of mesothelioma

The victim's age and the type of mesothelioma they have been diagnosed with may also affect the statute of limitations. For example, victims under the age of 18 may have up to 10 years to file a claim. And victims who have been diagnosed with peritoneal mesothelioma may have up to three years to file a claim.

Determining Whether Your Mesothelioma Claim is Within the Statute of Limitations

There are two ways by which claimants can determine whether their asbestos or mesothelioma claim is within the statute of limitations, or "SOL". They may consider the date of their diagnosis or their last asbestos exposure.

To confirm the date their asbestos exposure occurred, claimants can look at their work history and the records of any family members or roommates who may have been exposed to asbestos. Similarly, claimants might determine their date of diagnosis by consulting with their doctor or reviewing their medical records. It must be noted that per section Sec. 90.005, the claimant's doctor or physician is disallowed from establishing diagnosis through any means that violates the Texas code of practice. Where this occurs during the diagnostic process, the statutes of limitations would not be binding until a subsequent diagnosis is issued.

If a claimant's date of exposure or diagnosis falls outside of the SOL, the parties involved may still be able to file a claim if they can prove that another party's negligence caused their injuries. For example, if a claimant can show that their employer knew about the risks of asbestos exposure but failed to take precautions to protect workers, they may be able to file a claim against the company.

What is the Texas Statute on Asbestos Lawsuit Payouts?

The provisions for lawsuit payouts in Texas are outlined in the Texas Civil Practice and Remedies Code. According to the Code, if a claimant is successful in their lawsuit, they are entitled to compensation. The amount of the compensation will be determined by the court based on the facts of the case. In most cases, the claimant will receive their payout within a few weeks after the court issues its ruling. However, there are some exceptions to this timeline, such as when the defendant appeals the decision or when the case goes to trial. The claimant may not receive their payout for several months or even years in those cases.

In an asbestos lawsuit, after the court orders the compensation, the plaintiff and defendant may agree to the manner in which the compensation will be disbursed. The agreement may provide for a lump-sum payment or periodic payments. If the parties cannot agree on the payout terms, the court will make the decision. In either case, the claimant will typically receive their compensation within a few weeks after the judgment is entered.

Statute of Limitations on Texas Mesothelioma Claims by Claim Type

There are several types of Texas mesothelioma claims, and consequently, their statute of limitations may vary with the claim type. They are as follows:

Personal Injury Claims

The statute of limitations for personal injury claims in Texas is two years from the date of diagnosis. A personal injury claim applies to all those who have been diagnosed with mesothelioma, regardless of how they were exposed to asbestos.

Wrongful Death Claims

These are claims filed on behalf of a deceased mesothelioma victim by their surviving family members. The statute of limitations for wrongful death claims is also two years from the date of death.

Product Liability Claims

These are filed by mesothelioma victims against companies who manufactured or sold asbestos-containing products. The statute of limitations for product liability claims is between 10-15 years from the date of last exposure to asbestos.

Asbestos Trust Fund Claims

These are filed against asbestos trust funds set up by companies who have gone bankrupt due to asbestos liabilities. The statute of limitations for asbestos trust fund claims is usually one year from the date of diagnosis, but it can vary depending on the trust fund. However, claimants are advised to file as soon as possible since these funds are finite and eventually run out.

Workers' Compensation Claims

This is a type of personal injury claim filed by mesothelioma victims exposed to asbestos while on the job. The statute of limitations for workers' compensation claims is one year from the date of diagnosis.

Veterans' Benefits Claims

Veteran claims are filed by mesothelioma patients exposed to asbestos while serving in the military. There is no statute of limitations for veterans' benefits claims. However, it is essential that the claimant file as soon as possible after diagnosis, as some benefits may have a limited amount of money available and may therefore not be able to accept late claimants.

Social Security Disability Insurance (SSDI) Claims

This is filed by mesothelioma victims who cannot work due to their illness. There is no statute of limitations for SSDI claims.

Supplemental Security Income (SSI) Claims

These claims are filed by mesothelioma low-income victims and have few assets. There is no statute of limitations for SSI claims.

What are My Mesothelioma Compensation Options in Texas?

The compensation options available to mesothelioma claimants in Texas will vary depending on the unique circumstances of each case. However, some general options may be available, including:

  • Filing a mesothelioma lawsuit against one or more companies that manufactured, distributed, or used asbestos-containing products.
  • Filing for workers' compensation benefits if the exposure to asbestos occurred in the course of employment (here, a mesothelioma attorney may not be required).
  • Filing for Social Security Disability Insurance benefits; the eligibility requirements for SSDI include having a disabling condition that is expected to last at least one year or result in death
  • Applying for state and federal government benefits programs, such as the Texas Veterans Commission's General Revenue Sharing program or the Social Security Administration's Supplemental Security Income program

The statutes of limitations for filing a personal injury claim or workers' compensation claim in Texas are generally much shorter than the deadlines for other types of claims.

Compensation Options if Your Mesothelioma Statute of Limitations Expires in Texas

In Texas, mesothelioma claimants have two years from diagnosis to file a lawsuit. If the claimant has been diagnosed with mesothelioma and the statute of limitations has expired, there are still options available for compensation.

The first option is to file a claim with Texas asbestos trust funds. These funds were established to provide compensation to eligible claimants unable to file a lawsuit for various reasons, including the expiration of the mesothelioma statute of limitations. To be eligible for compensation, claimants must have worked in an industry where they were exposed to asbestos and must have been diagnosed with mesothelioma or an asbestos-related disease.

Another option for compensation is to file a workers' compensation claim. In Texas, workers' compensation claims are governed by the Texas Workers' Compensation Act. To be eligible for benefits, claimants must have been diagnosed with an asbestos-related disease and exposed to asbestos while working in Texas.

Other Texas compensation options for claimants who have missed the deadline to file a lawsuit include:

  • Filing a mesothelioma claim with the Veterans Administration
  • Filing for Social Security Disability benefits
  • Applying for state disability benefits
  • Applying for private long-term disability insurance benefits

Texas Asbestos Litigation After Statute of Limitations Elapses

Claimants may still have asbestos litigation alternatives if the statute of limitations has expired on a Texas asbestos-related claim. For example, if their mesothelioma lawyer can prove that the defendants knew of the dangers of asbestos but failed to warn them, they may be able to file a fraudulent concealment claim.

Another possible avenue is to file a wrongful death claim if a loved one died from a personal injury resulting from exposure to asbestos. The statute of limitations for filing a wrongful death claim is generally two years after the death, and a loved one or estate executor can file a wrongful death lawsuit per the Texas mesothelioma statute.

What is the Discovery Rule for Asbestos Cases in Texas?

The Texas discovery rule is a legal doctrine designed to allow certain lawsuits to be filed outside of the statute of limitations if the plaintiff can prove that they could not have reasonably discovered their injury within the statutory period. Per Texas mesothelioma statute, this typically applies to mesothelioma patients exposed to asbestos at their job but who did not develop symptoms until many years later.

In Texas, the discovery rule is codified in section 16.003 of the Texas Civil Practice and Remedies Code. This statute states that the limitation period for personal injury claims (including mesothelioma claims) does not begin to run until the date on which the claimant discovers or should have discovered their injury. There is a 10-year maximum from the date of discovery to file a lawsuit unless the plaintiff can prove that the defendant purposely concealed their exposure or interfered with their mesothelioma diagnosis.

What if I Have More Than One Asbestos Disease?

In Texas, the statute of limitations for an asbestos claim is two years from diagnosis. However, if the plaintiff has more than one asbestos-related disease, the statute of limitations may be extended to five years from the date of diagnosis of the first disease. This extension applies even if the plaintiff was not aware of their exposure to asbestos at the diagnosis. Furthermore, if the plaintiff dies from their asbestos-related disease, their family members may file wrongful death lawsuits or claims within two years (i.e. one for each personal injury). However, an experienced mesothelioma attorney would be best suited to profer legal advice regarding the claimants situation.