Best Austin, TX Mesothelioma Lawyers Of 2024

Mesothelioma is a type of cancer that is often tied to asbestos exposure. Asbestos exposure typically occurs when one party fails to advise another party that they are living or working in a place where asbestos is present.

When this type of negligence occurs, the party that suffered from mesothelioma can file a type of personal injury lawsuit called a toxic tort to obtain compensation for the immediate and long-term harm resulting from that cancer.

Texas and Federal Asbestos Regulations

Texas has a long history of asbestos-related illnesses. Buildup of many of the industries that helped the state grow into the industrial powerhouse it is today resulted in workers suffering asbestos exposure. Because asbestos exposure is so common in the state, Texas has numerous asbestos-related laws designed to protect people who were negligently harmed through exposure.

• Filing an asbestos-related claim. Anyone who has been diagnosed with mesothelioma can file a claim. However, state asbestos laws explicitly prevent people who have been exposed from filing a claim before they have been diagnosed with a resulting disease or illness.
• Filing a wrongful death claim. The other parties who can file a mesothelioma claim are relatives of people who died due to asbestos exposure. Texas limits damages for household members who are exposed to “take-home” asbestos (carried home on a relative’s clothing or shoes).
• Extended statute of limitations. Normally, the personal injury statute of limitations in Texas is two years from the date of the injury. However, for asbestos-related cases, the time limit is two years from the diagnosis of mesothelioma or the death of the exposed party.
• Asbestos trusts. Many defunct companies established trusts decades ago to help pay compensation for workers who were exposed on the job. Plaintiffs must file a claim against those trusts at least 150 days before filing a lawsuit.
• Trust benefits reduce jury awards. If a plaintiff gains benefits from a trust, the courts will reduce a jury award by an equal amount.

Mesothelioma is a type of cancer that requires a lifetime of treatment. It can’t be cured, but treatment can potentially prolong a patient’s life for decades. Unfortunately, this treatment is expensive. This means that victims of asbestos exposure need the best lawyer they can find. When searching for a mesothelioma attorney, consider the following factors before deciding.

• Experience outside of Texas. For several reasons, mesothelioma cases will often end up in federal courts or courtrooms in other states. Lawyers who are licensed to practice in multiple states or federal courts can be a good choice for these types of cases.
• Industry knowledge. The details often particularly matter in a mesothelioma case. Ask a lawyer you’re considering how familiar they are with the industry through which you were exposed to asbestos.
• Past successes. If the lawyer doesn’t publicize past results (probably for privacy reasons), ask them about those results. This will give you an idea of what kind of results you can expect.

Workers in several types of industries are much more likely to be exposed to asbestos than others. The following are some of the most common high-risk professions in the Austin area.

• Firefighters. In the mid-20th century, a lot of industries used asbestos to prevent or limit fires, including chemical plants, mills and oil refineries. While those industries have done a lot to protect workers, a lot of that asbestos still exists and becomes airborne when it fails to prevent a fire.
• Industrial workers. While measures have been taken to prevent asbestos exposure in many previously noted industries, some companies have not taken the appropriate protections.
• Construction workers. While building structures with asbestos is heavily regulated, construction workers who demolish older buildings can face the same dangers as firefighters.
• Military members. Several military bases in Texas were built almost a century ago and have high levels of asbestos. The federal government hasn’t always taken appropriate care to protect soldiers.

Asbestos-related verdicts can result in massive awards, depending on the circumstances of the case. The following are some of the largest verdicts for mesothelioma lawsuits in Texas.

• $55 million for Alfredo Hernandez. Diagnosed at the age of 47 with mesothelioma, this construction worker received the largest-ever verdict in the state.
• $9 million for Robert Henderson. Mr. Henderson was exposed at a Dow Chemical plant and subsequently died from mesothelioma.
• $8.4 million for John Gensler. Mr. Gensler was exposed while working for Hercules, Inc., a Dow Chemical subsidiary.

The Department of State Health Services oversees asbestos-related laws and regulations in Texas. Attorneys who practice in the state should be familiar with this department and interact with it regularly. The department, however, does not administrate trusts.

Forbes Advisor ranked attorneys offering services in products liability law within a 50-mile radius of Austin, TX, using data points across the categories of qualifications, experience, reputation, client experience and diversity and inclusivity. We pulled data for these categories from reliable, third-party resources such as state bar associations and individual firm websites. Data is accurate as of August 2024.
We evaluated attorneys based on the following metrics.

Qualifications (15%):

• Active business license
• Public records check
• Practice areas
• Overall reputation of law school

Experience (15%):

• Years of membership in state bar
• Ethics and bar disciplinary history

Reputation (30%):

• High regards in top legal publications
• Positive reviews
• Accolades from colleagues

Client Experience (25%):

Diversity and Inclusivity (15%):

We considered only attorneys without disciplinary history who have been licensed for at least five years.

The information on this page does not constitute legal advice, nor does use of or access to this page create an attorney-client relationship between any parties. Information provided on Forbes Advisor is for informational purposes only. Your legal situation is unique and the attorneys and services we rank may not be right for your circumstances. Consult with an attorney to obtain advice on your particular legal matter.