Texas Mesothelioma Settlements

Texas Mesothelioma Settlement and Compensation

Pursuant to Texas mesothelioma and asbestos laws, state residents who have been diagnosed with mesothelioma may be eligible for financial compensation through a mesothelioma settlement. Mesothelioma is a rare and aggressive cancer that forms in the lining of the lungs, heart, or abdomen. The primary cause of mesothelioma is asbestos exposure, which can occur through occupational, environmental, or secondary exposure (such as living with someone who works with asbestos). Settlements can provide much-needed financial relief to help cover medical expenses, lost wages, and other damages associated with this life-changing diagnosis.

Types of Mesothelioma Compensation in Texas

There are various kinds of mesothelioma compensation mechanisms operational in the state of Texas. However, most settlements can be categorized as either lump sum or structured settlements. Lump-sum settlements are paid in one lump sum, while structured settlements are paid out over time in periodic payments.

Lump-sum settlements are often implemented when the amount of money awarded is large, and the plaintiff needs the money immediately. Structured settlements are often used when the amount of money awarded is smaller, and the plaintiff does not require the money immediately.

The type of settlement that is best for a claimant will depend on their circumstances. Typically, the claimant's mesothelioma attorney can help them understand their options and make the best decision for their case.

Texas mesothelioma settlements may also be paid in annuities. An annuity is a financial product that pays out periodic payments over time. Annuities can be used to fund structured settlements.

In Texas, mesothelioma settlements are typically paid by the defendants' insurance companies. However, some mesothelioma settlements are paid directly by the defendants themselves.

Who Can Receive a Mesothelioma Settlement in Texas?

The answer depends on several factors, including the type of mesothelioma the plaintiff presents with and the cause of the asbestos exposure.

There are two main types of mesothelioma: pleural and peritoneal. Pleural mesothelioma is the most common type, and it affects the lining of the lungs. Peritoneal mesothelioma affects the lining of the abdomen.

People with pleural mesothelioma are more likely to be eligible for a settlement than those with peritoneal mesothelioma. This is because pleural mesothelioma is more commonly caused by exposure to asbestos, and more companies have been found liable for asbestos exposure.

However, even if an individual has been confirmed to have peritoneal mesothelioma, they may still be eligible for a settlement if they were exposed to asbestos at work or through another activity. For example, if the claimant lives in an area where there is naturally occurring asbestos in the environment, they may be able to file a lawsuit against the companies that mined or processed the asbestos.

Notable Lawsuit Verdicts in Texas

There have been several notable mesothelioma lawsuit verdicts in Texas over the years. The following are a few examples:

In 2012, a jury awarded $2.3 million to the family of a man who died of mesothelioma after exposure to asbestos while working at an oil refinery.

In 2015, a jury awarded approximately $2.5 million to the family of a man who died of mesothelioma after being exposed to asbestos while working on naval ships.

In 2017, a jury awarded approximately $3 million to the family of a man who died of mesothelioma after being exposed to asbestos while working in an oil refinery.

In addition to the above, the family of a Texas plant worker was awarded over $18 million by a Dallas court in 2014. Only three years earlier, in 2001, five claimants received a cumulative sum of $130 million after their former employer, and the defendant was found liable for their asbestos exposure.

Texas Mesothelioma Settlement Process

The process of reaching a mesothelioma settlement in Texas is similar to the process in other states. First, the plaintiff (the person filing the lawsuit) must file a complaint with the court. The complaint must include certain information, such as the names of the parties involved, a description of the incident that led to the lawsuit, and the damages being sought.

Once the complaint is filed, the defendant (the company being sued) has an opportunity to respond. The defendant may choose to settle the case at this point or go to trial. If the case goes to trial, a jury will hear evidence from both sides and decide whether or not the defendant is liable for damages.

Average Mesothelioma Settlement in Texas

Given the nature of mesothelioma settlements in Texas, the average settlement amount is challenging to determine since settlements can vary widely depending on several factors.

There is no one-size-fits-all answer when it comes to mesothelioma settlements. Factors such as the severity of the illness, the extent of the asbestos exposure, and the person(s) or establishments liable for the exposure may be considered in determining the settlement and their eligibility.

Pleural mesothelioma is by far the most common type of the disease, accounting for approximately 75 percent of all cases. This form of mesothelioma is typically more aggressive than peritoneal mesothelioma, and as a result, settlements in pleural cases tend to be higher.

Peritoneal mesothelioma makes up approximately 25 percent of all mesothelioma cases. This type of cancer is typically less aggressive than pleural mesothelioma, and as a result, settlements in peritoneal cases tend to be lower.

In addition to the type of mesothelioma the claimant is diagnosed with, another critical factor affecting a claimant's settlement is the stage of the disease. Mesothelioma is typically divided into four stages, with stage I being the least advanced and stage IV being the most advanced.

Ultimately, the average Texas mesothelioma settlement is difficult to determine, as many factors can affect the amount of money a victim is eligible to receive.

Benefits of Mesothelioma Settlements

There are many benefits of mesothelioma settlements, including the following:

  1. Compensation for medical expenses.
  2. Compensation for lost wages.
  3. Compensation for pain and suffering.
  4. Compensation for wrongful death
  5. Helps to hold the responsible party accountable for their actions, inadvertently preventing others from suffering from mesothelioma.
  6. Set a precedent for future cases.
  7. Bring about much-needed awareness of mesothelioma.

How are Mesothelioma Settlement Amounts Determined in Texas?

Mesothelioma settlement amounts in Texas are generally determined by the severity of the victim's illness, the amount of economic damages suffered, and the culpability of the defendant. In some cases, punitive damages may also be awarded.

The first factor that is typically considered is the severity of the victim's illness. This includes both the stage of the disease and the prognosis. Victims in the later stages of mesothelioma or who have a poor prognosis will generally be awarded more money than those in the early stages of the disease or who have a good prognosis.

The second factor that is typically considered is the amount of economic damage suffered. This includes things like lost wages, medical bills, and funeral expenses. The more economic damages a victim has suffered, the more money they are likely to receive in a settlement.

The third factor that is typically considered is the culpability of the defendant. If the defendant knew or should have known about the risks of asbestos exposure and failed to warn the victim, they may be held more culpable than a defendant who was unaware of the risks. This can impact the amount of money awarded in a settlement.

Punitive damages may also be awarded in some cases. These are designed to punish the defendant and deter future misconduct. They are not typically awarded in mesothelioma cases but may be awarded in cases where the defendant's conduct was particularly egregious.

How Long Before I Receive My Mesothelioma Settlement in Texas

The length of time for receiving a mesothelioma settlement in Texas depends on the severity of your illness, the strength of the case, and the insurance company's willingness to settle.

The more severe the illness, the stronger the claimant's case, and the more cooperative the insurance company is, the faster the claimant will receive their settlement. However, even in the best-case scenario, it can still take months or even years to obtain compensation.

Mesothelioma Settlements After Death in Texas

In Texas, mesothelioma settlements are typically paid out to the victim's family after the victim's death. However, the amount of compensation an individual may be eligible to receive will depend on several factors, including the severity of the deceased's illness, the medical bills incurred, and whether or not the claimants can prove that asbestos exposure was the cause of the deceased's death.

Mesothelioma Workers Compensation in Texas

Mesothelioma workers' compensation in Texas provides coverage for medical expenses and lost wages for workers who have been diagnosed with the disease. The Texas Department of Insurance regulates this program, which the Office of Injured Employee Counsel administers.

To be eligible for mesothelioma workers' compensation in Texas, the claimant must have been employed in an industry where they were exposed to asbestos. They must also have been diagnosed with the disease within one year of their last exposure to asbestos.

Those who are eligible for mesothelioma workers' compensation in Texas will receive coverage for their medical expenses and lost wages. They may also be eligible for death benefits if they die as a result of their disease.

Should I Settle My Mesothelioma Claim or Go to Court?

Mesothelioma settlements in Texas can mean different things to different people. For some, it may be the only way to get compensation for their mesothelioma diagnosis, while others may use it as a way to avoid going to trial. Regardless of the reason, mesothelioma settlements are an essential part of the overall process of seeking justice for those exposed to asbestos.

There are a few key things to keep in mind regarding mesothelioma settlements in Texas. First, it is crucial to understand that not all cases will settle out of court. Many cases will go to trial, and some may even reach a verdict without ever setting foot in a courtroom. However, settlements do happen, and they can be a great way to get compensation without going through a lengthy and expensive trial.

Second, it is essential to understand that there is no guarantee of success for mesothelioma settlements. While many cases do settle, there are no guarantees for any case specifically. This is why it is so vital to work with an experienced mesothelioma lawyer.

It is also important to remember that mesothelioma settlements can take time to reach. The process of settling can be long and complicated, and in some cases, it may even take years to reach a final settlement.

In addition, mesothelioma settlements may not always be fair. Many different factors can affect the amount of money the claimant receives in a settlement, so it is essential to understand all of the terms and conditions before agreeing to anything.

Finally, mesothelioma settlements are not always the best option for everyone. Those who aren't comfortable with going to trial may want to consider other options, such as filing a personal injury lawsuit or seeking compensation through the workers' compensation system.

I Don't Know How I Was Exposed to Asbestos; Can I Still Pursue a Mesothelioma Settlement?

Persons who have been diagnosed with mesothelioma but don't know how they were exposed to asbestos may still be able to pursue a settlement. There are a few things that they can do to have a successful case.

First, they will need to find out if there is any way to determine how they were exposed to asbestos. This may require some detective work, but it is possible to find out how the exposure occurred.

In addition, the claimant will need to find a mesothelioma lawyer willing to take on their case and gather evidence to support their claim. This may include medical records, work agreements, and other documentation.

How Much Does It Cost to Pursue a Mesothelioma Settlement in Texas?

The cost of pursuing a mesothelioma settlement in Texas will vary depending on the specific facts and circumstances of the claimants. However, there are generally three main costs associated with these cases: attorneys' fees, expert witness fees, and litigation costs.

Attorneys' fees can vary widely depending on the complexity of the case and the lawyer's experience. However, claimants can expect to pay somewhere in the range of $250 to $750 per hour for an experienced mesothelioma attorney.

Expert witness fees can also vary widely, but claimants may pay around $200 to $400 per hour for a qualified expert witness.

Litigation costs can include filing fees, deposition costs, and other miscellaneous costs associated with taking the case to court. These costs can vary depending on the specific facts of the case but may cost several thousand dollars in total.

Who Can Be the Beneficiary in a Mesothelioma Settlement?

A mesothelioma settlement can be a complex and confusing process, especially when determining who the beneficiaries will be. Many factors must be considered to ensure that the settlement is fair and equitable for all parties involved.

The first thing that must be considered is the relationship between the asbestos exposure and the mesothelioma diagnosis. If there is a clear connection between the two, then it is more likely that the settlement will be awarded to the victim or their family. However, if the connection is not as clear, then the settlement may be split between the victim and the company responsible for the exposure.

Another factor that must be considered is the amount of time that has passed between the asbestos exposure and the mesothelioma diagnosis. If it has been many years, then it is less likely that the settlement will be awarded to the victim. This is because it can be difficult to prove that the exposure was the cause of the disease.

Finally, the severity of the disease must also be taken into consideration. If the victim is suffering from a very severe form of mesothelioma, then they are more likely to receive a larger settlement. This is because the companies responsible for the exposure will want to avoid paying out a large sum of money to someone suffering from a terminal illness.

Texas Asbestos Trust Funds

Texas asbestos trust funds are designed to provide compensation for individuals who have been exposed to asbestos and developed an asbestos-related disease. Asbestos exposure can occur in various ways, including through work tasks or home renovations. Even brief exposure to asbestos fibers can cause serious health problems, such as mesothelioma, lung cancer, and asbestosis.

There are many asbestos trust funds located across the country, but Texas has a vast number of these trusts due to the state's history with the mineral.

Today, the state continues to be affected by asbestos exposure. For example, a 2018 study found that nearly 1 in 3 construction workers in Houston had been exposed to asbestos at some point in their careers.