Filing Deadlines in Texas
Texas sets a statute of limitations on mesothelioma lawsuits. The clock starts at diagnosis, not exposure.
Missing these deadlines can permanently bar a family's right to compensation.
When the Clock Starts
In Texas, the statute of limitations begins on the date of diagnosis, not the date of asbestos exposure. This is called the "discovery rule."
Mesothelioma has a latency period of 20 to 50 years. Without the discovery rule, most patients would lose their right to file before they even knew they were sick.
The clock starts when:
- A physician provides a formal mesothelioma diagnosis
- Symptoms reasonably indicated the disease was present
Personal Injury Claims in Texas
Texas allows 2 years from diagnosis to file a personal injury claim. These claims are filed by the patient and typically seek recovery for medical expenses (past and future treatment), lost wages, pain and suffering, and loss of quality of life, meaning the impact of the disease on daily activities, relationships, and ability to work.
Wrongful Death Claims in Texas
Texas allows 2 years from the date of death to file a wrongful death claim. These claims can be filed by:
- Surviving spouse
- Children (including adult children)
- Parents (in some cases)
- Estate representative
Wrongful death claims can recover compensation for:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and guidance
Asbestos Exposure Sites in Texas
Texas has 70 cities with documented asbestos exposure sites and 246 liable parties on record. Workers in these areas may have grounds for mesothelioma claims.
Select a city to view specific exposure sites, companies, and facilities with known asbestos exposure history.
View all 32 cities
Texas has 6 cancer centers specializing in mesothelioma treatment. For a complete list of documented asbestos exposure sites in Texas, see our exposure database.
Types of Compensation in Texas
Families in Texas affected by mesothelioma may qualify for multiple forms of compensation. Most cases involve a combination of trust fund claims and litigation.
Lawsuits and Settlements
Personal injury or wrongful death lawsuits can be filed against companies responsible for asbestos exposure. Most cases settle before trial, with average mesothelioma settlements ranging from amounts that vary widely by case. Total compensation can be significantly higher when combining multiple sources. Texas courts generally allow expedited scheduling for mesothelioma cases.
Asbestos Trust Funds
Over 60 bankruptcy trusts hold more than $30 billion for asbestos victims. These claims are separate from lawsuits and can be filed regardless of whether a company is still operating. Trust fund claims have their own deadlines and requirements.
Learn about trust fund claims →VA benefits for Texas veterans
Veterans diagnosed with mesothelioma typically qualify for VA disability benefits, often at the 100% rating. These benefits can be received alongside lawsuit settlements and trust fund payments.
Learn about VA benefits →Asbestos Exposure History in Texas
Oil refineries, chemical plants, shipyards, and steel mills drove exposure along the Gulf Coast and Houston Ship Channel. Industrial activity boomed from the early 1900s through the late 20th century. Workers at Brown Shipbuilding, Consolidated Steel Orange Shipyard, and Bloodworth Bond Shipyard in Houston and Texas City handled asbestos in insulation, boilers, gaskets, and safety gear. Exxon refineries, Pure Oil Union 76 Beaumont Works, La Gloria Oil Refinery, and Koppers Chemical Plant created additional exposure.
Wartime demands and petrochemical expansion concentrated risk in energy and maritime sectors. Landmark litigation followed. Claude Tomplait filed suit in 1966 as a Texas insulation worker. Clarence Borel's 1969 case, tied to shipyards and refineries on the Texas-Louisiana border, helped set national asbestos legal precedents.
People also encountered asbestos in power plants like City of Austin Power Plant and schools like Anderson High School and Angleton High School. Public buildings including City of Houston Court Building and even Corsicana State Home were contaminated. Exposure has been documented at 208 sites across 32 cities in 23 counties.
Houston recorded 524 asbestos-related deaths from 1979 to 2002. Beaumont-Port Arthur recorded 451. Dallas recorded 270. Insulators, refinery operators, shipbuilders, and steelworkers bore the brunt. Many carried fibers home on clothing, exposing family members.
Choosing a Texas Mesothelioma Lawyer
Mesothelioma litigation is a focused practice area. Not every personal injury attorney has the exposure databases, product identification resources, or trial experience these cases require. Our guide to choosing a mesothelioma law firm covers this in detail.
A few things to look at when narrowing a shortlist. Attorneys who concentrate on mesothelioma and asbestos cases typically maintain databases of products, manufacturers, and job sites that most general personal injury firms don't have. A firm's past settlements and verdicts in asbestos cases say more about depth than general trial experience. Familiarity with Texas procedures, judges, and filing requirements shortens the learning curve, especially in an expedited docket. And most mesothelioma attorneys work on contingency, so the family pays nothing unless compensation is recovered.
Learn more about mesothelioma lawyer costs and how contingency fees work.
Talk to a Texas Mesothelioma Attorney
Mike Hissey
Hissey, Mulderig & Friend, PLLC
Mike Hissey is a founding partner of Hissey, Mulderig & Friend, PLLC, an Austin-based product liability firm focused on toxic torts and mass torts. He has been involved in multiple asbestos jury trials that resulted in multi-million-dollar verdicts and has personally negotiated settlements worth hundreds of millions of dollars with corporate defendants. No fees unless you recover compensation.
Sponsored by Hissey, Mulderig & Friend, PLLC. Dignan-Mickey House, 1504 West Ave, Austin, TX 78701. Sponsored placement, independently vetted. Full disclosure
Attorney Advertising. Mike Hissey, Hissey, Mulderig & Friend, PLLC, Austin, TX, is responsible for the content of this advertisement. Prior results do not guarantee a similar outcome. Each case is different. No attorney-client relationship is formed by using this site. Cases may be referred to attorneys licensed in your state.