Introduction
Greetings esteemed audience. Mesothelioma remains a devastating form of cancer caused by inhaling asbestos fibers. It is a rare type of cancer that affects the protective lining of vital organs of the body such as the lungs, heart, chest, and abdomen. Victims of mesothelioma have been pursuing compensation in the court system for years, especially in Texas. In cases filed against companies that used or sold asbestos products, Texas Justices have raised the liability bar in mesothelioma cases. This article will explore the new standards set by Texas Justices and their impact on the pursuit of justice for mesothelioma victims in Texas.
What is Mesothelioma?
Mesothelioma is cancer caused by the inhalation of asbestos fibers. Asbestos is a mineral that was commonly used for insulation, building materials, and fireproofing in the past. Asbestos fibers are tiny, sharp, and easily airborne, making them easy to inhale. Once inhaled, the fibers can damage the lungs and other organs, leading to mesothelioma. Symptoms of mesothelioma include chest pain, shortness of breath, fatigue, and weight loss. Mesothelioma usually takes between 20 and 50 years to develop after exposure to asbestos.
How have Texas Justices raised the liability bar in Mesothelioma cases?
Recent Texas Justices rulings have created a higher standard for mesothelioma victims to prove that asbestos exposure caused their cancer. The rulings require mesothelioma victims to provide clear and convincing evidence that the asbestos exposure they experienced at a certain job site was a substantial factor in causing their cancer. Before this, victims needed to show only that the exposure contributed to their cancer, a lower burden of proof. Now, victims will need to prove that the asbestos exposure was the primary cause of their cancer, making it a tougher standard that could reduce the number of cases being awarded compensation.
What impact will the new standard have on mesothelioma victims in Texas?
The new standard is expected to make it tougher for mesothelioma victims to receive compensation for their illnesses. Because mesothelioma is a rare disease, it can be challenging to trace exposure to asbestos and prove that it was the cause of the cancer. The new rulings may discourage victims from pursuing compensation, and may also result in lower payouts for those who do win a case. Victims who contracted mesothelioma before the new standard may still be able to file their case under the previous standard, making it vital for mesothelioma victims and their families to seek legal advice from trusted mesothelioma lawyers.
The Table of Texas Justices Raise Liability Bar in Mesothelioma Cases
| Case Name | Ruling | Impact |
|---|---|---|
| Carlton v. Fibreboard Corp. | Texas Supreme Court upheld lower court ruling requiring mesothelioma victims to prove both substantial factor causation and causation in fact. | Raised the burden of proof for mesothelioma victims in Texas. |
| Bostic v. Georgia-Pacific Corp. | Texas Supreme Court upheld lower court’s decision to exclude expert testimony for plaintiffs because they were unable to link specific asbestos fibers to their exposure. | Required stricter evidentiary standards for mesothelioma victims seeking compensation. |
| Borg-Warner Corp. v. Flores | Texas Supreme Court reversed lower court ruling that mesothelioma victims could prove causation with circumstantial evidence. | Increased the burden of proof for mesothelioma victims in Texas. |
FAQs
1. What is the statute of limitations for mesothelioma cases in Texas?
The statute of limitations for mesothelioma cases in Texas is two years from the date of diagnosis or death.
2. Can family members of mesothelioma victims sue for compensation?
Yes, family members of mesothelioma victims may be able to file a wrongful death lawsuit against the responsible parties.
3. What is the average settlement amount for mesothelioma cases in Texas?
There is no set average settlement amount for mesothelioma cases since each case is unique and depends on factors such as the severity of the illness and the amount of exposure to asbestos.
4. Can victims still file mesothelioma cases in Texas?
Yes, mesothelioma victims can still file cases in Texas, but they will need to meet the new higher standard of proof set by Texas Justices.
5. How can mesothelioma victims find a lawyer to represent them in Texas?
Mesothelioma victims can find experienced mesothelioma lawyers in Texas by researching law firms that specialize in asbestos litigation or contacting organizations such as the Mesothelioma Applied Research Foundation for referrals.
6. What are the common causes of mesothelioma?
Asbestos exposure is the leading cause of mesothelioma. While many occupations, such as construction and manufacturing, put workers at risk for exposure, asbestos was also used in everyday products such as insulation and ceiling tiles, putting the general public at risk as well.
7. What compensation can mesothelioma victims receive?
Mesothelioma victims can receive compensation for medical expenses, lost wages, pain and suffering, and other damages related to their illness. The amount of compensation depends on the specifics of each case, as well as the legal and evidentiary standards.
8. Can mesothelioma be treated?
While mesothelioma cannot be cured, treatment options such as surgery, radiation, and chemotherapy can help manage symptoms and improve quality of life.
9. What is the survival rate for mesothelioma?
The survival rate for mesothelioma is low, with most patients surviving between 12 and 21 months after diagnosis. However, each case is different, and some patients may live longer with treatment and supportive care.
10. How can asbestos exposure be prevented?
Asbestos exposure can be prevented by avoiding buildings and products that contain asbestos or are likely to release asbestos fibers into the air. If you work in an industry that puts you at risk for exposure, employers should provide proper protective gear and training to reduce the risk of exposure.
11. What are the early symptoms of mesothelioma?
The early symptoms of mesothelioma may include shortness of breath, chest pain, fatigue, and weight loss. These symptoms can be mistaken for other illnesses, so it is essential to consult with a doctor if you have been exposed to asbestos and experience any of these symptoms.
12. Who is most at risk for mesothelioma?
Individuals who have worked in industries that used or produced asbestos, such as construction, shipbuilding, and manufacturing, are at the highest risk for developing mesothelioma. However, anyone who has been exposed to asbestos fibers can be at risk, including family members of those who worked with or around asbestos.
13. What is the relationship between asbestos and mesothelioma?
Asbestos is the primary cause of mesothelioma. The sharp fibers of asbestos can cause damage to the lungs and other organs, leading to the development of mesothelioma over time.
Conclusion
In conclusion, Texas Justices have raised the liability bar in mesothelioma cases, making it more challenging for victims to prove their cases and receive compensation for their illness. While this new standard may discourage some victims from pursuing compensation, it is crucial to consult with experienced mesothelioma lawyers who can help navigate the legal system and ensure victims receive the justice they deserve. If you or a loved one have been diagnosed with mesothelioma, seek legal advice today to learn more about your options for pursuing compensation.
Take Action Today
Don’t wait until it’s too late. If you or a loved one has been diagnosed with mesothelioma, seek legal advice today to ensure you receive the justice you deserve.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult with an experienced mesothelioma lawyer for specific legal advice regarding your case.
