Laws can vary in different parts of the United States. Depending on where you live or work, a specific law may have different implications and consequences if it is broken. Because of this, it can be difficult to determine what can be considered breaking the law, and what can be considered a consequence for the law being broken. This is especially true with asbestos removal and exposure laws.
Asbestos is minerals that can be used for a multitude of applications and purposes. However, when in concentrated forms in things like tiles and roof shingles, they can lead to long-term complications that may not be seen until many years down the road. Because the onset can be so much later on in life, states tend to have difficulty determining the appropriate punishment, and in Texas, this is no different.
Asbestos Removal Laws and Exposure Limitations
As laws differ from state to state, understanding how laws will affect you specifically is important. There are subtle nuances and changes to laws that may affect the way you are able to get a case. If a party has not properly adhered to asbestos removal and exposure laws, then they are liable to pay damages/injury claims for any medical conditions or harm caused because of the existence of asbestos.
As such, here are the details of asbestos and Mesothelioma laws within the state of Texas.
Criteria for Medicine
When it comes to plaintiffs wanting to make claims on their case, Texas requires that there are physical or functional impairments as mentioned in asbestos removal or exposure laws, or else the claims are limited by law. These minimum medical criteria must be met before you are able to proceed with your lawsuit.
Even though you can continue to file the claim if you do not meet these requirements, you will be extremely limited in how much you can claim. As such, it is sometimes better to dismiss the lawsuit until the medical criteria are met.
Joinder of Claimants
Texas adheres to the method of requiring all parties to consent to the joining of multiple cases for a single trial when it comes to asbestos-related issues. Many critics argue that this may encourage defendants to settle before the trial, thus saving time and energy. However, the opposite side is that the trials will not address individual needs and claims, which may result in extended lawsuits being made.
When it comes to cases involving malignant asbestos cancers, or malignant mesothelioma, these claims tend to be prioritized over other cases. This allows those that have been affected by asbestos and asbestos-related complications because of breaking asbestos removal and/or exposure laws to be seen and compensated for their conditions.
In many situations, since asbestos-related illnesses and complications do not appear for many years, there are times where the company originally in charge of the product is bought out or merges with a different company. In these cases, the new company may assume the liabilities of the others in partial or full conditions. However, the state of Texas limits the liability of a company that buys or merges with the original company in question, lessening the possible backlash to the defendant.
If you or someone you know has been affected by asbestos products or is currently suffering from mesothelioma, then it may be time to take action against those that have caused the suffering. If you are starting to build a case, it is important to search for and hire experienced and knowledgeable asbestos and Mesothelioma lawyer and attorney.
These attorneys can help protect and assist you against the defendants, who may try to settle your case for less than you deserve. Don’t settle, and hire your experienced Mesothelioma attorney today.