A mesothelioma diagnosis unleashes a torrent of questions and fears. What caused your condition? How will you pay for treatment? Can you recover compensation from the makers of asbestos-containing products or trust funds?
An experienced Houston mesothelioma lawyer can help you answer these questions. Our list of the best mesothelioma lawyers in Houston can help you find the right lawyer to pursue your claims.
- Best Houston, TX Mesothelioma Lawyers
- Compare Top Houston Mesothelioma Attorneys
- Filing a Mesothelioma Lawsuit in Houston, TX
- Mesothelioma and Asbestos Exposure
- Texas and Federal Asbestos Regulations
- State Departments Overseeing Houston Asbestos Laws
- Houston Industries Known for Asbestos Exposure
- Top Asbestos Verdicts Awarded in Texas
- How To Find the Best Mesothelioma Lawyer in Houston, TX
- Our Methodology for Finding the Best Houston Mesothelioma Attorneys
- Frequently Asked Questions (FAQs) About Mesothelioma
Best Houston, TX Mesothelioma Lawyers
Compare Top Houston Mesothelioma Attorneys
Filing a Mesothelioma Lawsuit in Houston, TX
If you have been diagnosed with mesothelioma, you may be able to file a lawsuit against the manufacturers of products containing asbestos or a company that caused you to be exposed to the substance. A lawyer with experience handling asbestos-related claims can help you document your asbestos exposure and connect your disease to that exposure.
In cases related to asbestos exposure, the statute of limitations begins to run when you are diagnosed with mesothelioma or another asbestos-related disease. In most states, you have two to three years from the time you are diagnosed to begin a personal injury lawsuit. If your loved one died from an asbestos-related disease, the statute of limitations for a wrongful death suit begins to run at the time of death.
In Texas, the statute of limitations for personal injury and wrongful death claims is two years.
Mesothelioma and Asbestos Exposure
Mesothelioma is a form of cancer in the mesothelium (a tissue-like covering that surrounds most human organs). The most common type, pleural mesothelioma, occurs in the membrane around the lungs. Although mesothelioma is rare, it is an aggressive and often deadly form of cancer. Scientists aren’t certain what causes this disease, but eight out of 10 mesothelioma patients report asbestos exposure.
Asbestos refers to a family of naturally occurring silicate minerals. These minerals are made up of long, thin fibers that can be mixed into many types of materials to improve their heat resistance and strength or woven into cloth. Because asbestos is essentially fireproof, it was used for many years for thermal and electrical insulation, in mechanical applications and many building materials.
Unfortunately, tiny asbestos fibers entering the lungs can cause scarring (asbestosis), a chronic condition restricting breathing. Exposure to asbestos fibers increases a person’s risk of developing mesothelioma, lung cancer, ovarian cancer, laryngeal cancer and many other health problems. Asbestos is linked to over 40,000 deaths in the U.S. every year.
Texas and Federal Asbestos Regulations
The Clean Air Act of 1970 first recognized asbestos as a pollutant. It authorized the EPA to ban several airborne asbestos products, including spray-in insulation and spray-on surfacing materials. The Consumer Product Safety Act of 1972 led to bans of numerous asbestos products, like wall patching compounds. The U.S. Food and Drug Administration banned asbestos-containing medical devices in the late 1970s.
The Toxic Substances Control Act (TSCA) was first passed in 1976 and amended by 2016’s Frank R. Lautenberg Chemical Safety for the 21st Century Act. In 1989, the EPA used its authority under the TSCA to issue an Asbestos Ban and Phase-Out Rule, which would have outlawed manufacturing, importing, processing and distributing most asbestos products. However, the 5th Circuit Appellate Court overturned this directive in 1991, allowing many uses to remain legal.
In March 2024, the U.S. Environmental Protection Agency (EPA) announced a total ban on the import and use of chrysotile asbestos, the only type still imported, processed or distributed for use in the United States. This is a significant milestone in the federal government’s long journey to protect workers, consumers and the general public from the dangers of asbestos exposure. More than 60 other countries already ban asbestos.
Multiple Texas laws also address workplace protections related to asbestos and airborne industrial exposure. State and local building regulations govern construction, demolition and asbestos abatement in residential and commercial structures.
State Departments Overseeing Houston Asbestos Laws
The Texas Department of Health and Human Services operates an Asbestos Program that provides direct services to identify, evaluate and control asbestos health hazards. Regional inspectors are available to monitor asbestos removal in buildings, minimize public exposure and ensure proper disposal during construction, renovation and demolition. The program also provides educational resources to help the public understand and comply with federal and state regulations.
The Texas Commission on Environmental Quality monitors asbestos contamination and disposal and provides Texans with a portal to report an environmental complaint. Workers who believe they have been exposed at work or that their employer may not comply with state or federal laws should contact one of the federal Occupational Health and Safety Administration (OSHA) offices in Texas.
The Texas Department of Insurance, Division of Workers’ Compensation operates the Occupational Safety and Health Consultation (OSHCON) program for private employers in Texas. This free, confidential program provides professional safety and health consultants to help identify and eliminate occupational hazards, including asbestos, in Texas workplaces.
Houston Industries Known for Asbestos Exposure
Most individuals diagnosed with mesothelioma in Texas were directly exposed to asbestos in their workplace or lived with someone who brought the fibers home on their clothes. Others lived near contaminated commercial or disposal sites, breathing airborne particles that drifted into their homes. Many household products also contained asbestos, exposing DIY enthusiasts to harm when they changed the brakes on their cars, installed new flooring or repaired damage to their roof tiles.
Since asbestos was commonly used in many construction products, including floor tiles, roof shingles, cement, linoleum tiles, electrical wiring, plumbing, acoustical materials and structural insulation, many Houston buildings contain the substance. The asbestos fibers in most of these materials are safely encapsulated, but they can be released into the air when the products are disturbed by demolition or repairs.
Although asbestos is not commercially mined in Texas, it is present in numerous locations, including contaminated talc deposits. However, many Texas industries produce products containing imported asbestos, exposing workers and area residents to contamination. Asbestos was commonly used to insulate equipment and in fire-protective clothing for workers in Texas oil refineries, chemical manufacturers and shipyards.
Asbestos exposure cases have been filed against many Houston-area employers, including:
- ARCO Gas
- Bethlehem Shipping Company
- BNSF
- Cameron Iron Works
- Chevron Phillips Chemical
- Dow
- Federated Metals
- General Dynamics Corporation
- Gulf Oil
- Gulfport Shipping Company
- Hess (HONX, Inc.)
- Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”)
- Lone Star Industries
- Lyondell Chemical
- Texaco Oil
- Texas Chemical
- Todd Shipping Company
- Union Carbide Corporation
If you or a loved one has been diagnosed with mesothelioma, an attorney with experience pursuing these types of claims can help you identify the potential sources of your exposure and pursue claims against the companies responsible.
Top Asbestos Verdicts Awarded in Texas
Texas juries have awarded significant verdicts to plaintiffs in individual and class-action lawsuits. Texas-based corporations have also been hit with verdicts and agreed to large settlements in cases tried elsewhere. Plaintiffs in mesothelioma lawsuits typically name many defendants if they have had multiple exposures over their lifetime since it’s impossible to determine which exposure led to their illness. Trials often include defendants from many states and may not happen where the plaintiff lives.
Examples of notable recoveries from Texas corporations in asbestos-related cases include:
- A South Carolina jury issued a $14 million verdict against Austin, Texas-based Celanese Corporation in a mesothelioma case involving a maintenance and repair worker. The jury found that Celanese was negligent in running its plant, awarding the plaintiff $2 million in punitive damages along with $12 million in compensatory damages.
- Hess (the parent company of bankruptcy Houston-based HONX, Inc.) recently agreed to pay $106 million to settle more than 900 claims filed by workers exposed to asbestos at an oil refinery in the Virgin Islands. The company also put aside nearly $45 million for future claims.
- In 2001, a jury in Orange, Texas, awarded $130 million to five plaintiffs with asbestos-related diseases. All were exposed to asbestos products made by NARCO and Dresser while employed at a U.S. Pipe plant in Birmingham, Alabama.
Like other personal injury lawsuits, most mesothelioma cases settle before a trial or verdict. Although every case is unique, these cases can be very valuable. Plaintiffs often collect compensation from multiple defendants for their permanent, debilitating injuries or the death of their loved ones. The average plaintiff in a mesothelioma case recovers more than $1 million.
Individuals who have been diagnosed with mesothelioma or asbestos-related diseases may also be able to recover from an asbestos trust fund. Many of the companies that produced asbestos products or exposed their workers on job sites have since gone out of business or filed for bankruptcy. Plaintiffs with claims against these shuttered companies may be able to access one of more than 60 asbestos trust funds containing around $30 billion. These claims can be resolved much more quickly than a lawsuit.
How To Find the Best Mesothelioma Lawyer in Houston, TX
Finding the best lawyer for your mesothelioma case can be challenging. The first thing to remember is that you can interview as many attorneys as you’d like; you don’t have to choose the first one you meet. Set up a few no-obligation consultations and ask questions to ensure you find a lawyer who’s a good fit. Some things you should discuss include:
- Familiarity with mesothelioma/asbestos claims. These cases require specialized knowledge of the companies that produced asbestos materials and the specialized court procedures involved in these claims. An experienced attorney will help you thoroughly investigate all potential sources of asbestos exposure and prepare for in-depth questioning by defendants’ attorneys.
- Reputation. Since many asbestos-related cases involve the same defendants, these attorneys work with each other frequently. The best mesothelioma lawyers have a good reputation for honesty and integrity among their peers. This respect allows them to negotiate in good faith and can lead to better settlements for their clients.
- Resources. Mesothelioma cases can involve dozens of defendants. Litigating these claims can involve many months of depositions, hundreds of hours of document review, repeated court appearances and lengthy trials. Make sure the attorney you choose has the resources to support this type of litigation.
- Asbestos funds claim experience. An experienced mesothelioma attorney can help you recover compensation from the many available funds set up on behalf of injured workers and consumers.
- Veterans benefits. If you were exposed to mesothelioma while serving in the armed forces, you should be entitled to benefits from the VA. Ensure your prospective attorney has experience pursuing this type of compensation.
Finally, make sure you are comfortable communicating and discussing your life and medical issues with your prospective lawyer. You will need to work closely with them to pursue your claims and recover the compensation you deserve.
Our Methodology for Finding the Best Houston Mesothelioma Attorneys
Forbes Advisor considered many factors to determine the best mesothelioma lawyers in Houston, TX of [YEAR]. Its mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. However, this information should not be considered comprehensive. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Have You Been Diagnosed With Mesothelioma After Exposure To Asbestos?
Frequently Asked Questions (FAQs) About Mesothelioma
How much does a mesothelioma attorney cost in Houston, Texas?
Attorneys typically take mesothelioma cases on a contingency basis. This means that they don’t charge an hourly rate; instead, they collect a percentage of whatever they recover on your behalf. This percentage varies, but typical fee agreements range around 25% of the amount recovered in asbestos trust fund claims and 33% to 40% for personal injury and wrongful death claims. You will also have to pay the costs involved in pursuing your case out of your portion of the settlement or verdict.
What is the average settlement for mesothelioma in Houston, Texas?
Although every case is different, the average mesothelioma case settles for more than $1 million. An experienced attorney will be able to provide an estimate of what they think your case is worth.
How much asbestos do you have to be exposed to to get mesothelioma?
Scientists don’t know how much asbestos exposure is necessary to cause mesothelioma. Some people develop the disease after a relatively small amount of exposure, while others have significant exposure and never develop mesothelioma. Because of this, any amount of exposure is dangerous.