Texas Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the massive oil refineries of Houston to the shipyards of Orange and the petrochemical complexes throughout the Lone Star State, Texas's role as America's energy and industrial powerhouse created devastating asbestos exposure across the state. Our comprehensive database documents 6,175 asbestos exposure sites across 773 Texas communities—from Houston's vast petrochemical corridor to the shipbuilding facilities of Orange, the steel mills of Dallas, and the military bases throughout the state.

Texas offers strong legal protections for mesothelioma families. The state follows a discovery rule that protects victims of diseases with long latency periods, has no statutory caps on noneconomic damages, and provides modified comparative negligence that allows recovery if you're 50% or less at fault. Texas's proportionate responsibility system means each defendant pays their proportional share, ensuring fair compensation from all responsible parties.

Time is critical. Texas's two-year discovery rule means your family's deadline to file began when you learned your illness was caused by asbestos exposure. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Texas's massive industrial legacy and its legal framework.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Texas Asbestos Law Summary

Texas Asbestos Law Details

Texas asbestos litigation is shaped by strict procedural rules and a reputation for pro-business tort reform. The state follows a two-year statute of limitations for both personal injury and wrongful death claims, but applies the discovery rule in occupational exposure cases. Texas uses a modified comparative fault system with a 51% bar, and imposes damage caps in most civil cases. Expert testimony is evaluated under a reliability standard similar to Daubert, and only certain defendants may face joint and several liability. With both economic and noneconomic damages governed by statute, Texas law creates a unique landscape for mesothelioma and asbestos claims.

Statutes of Limitation and Repose

Texas imposes a two-year statute of limitations for both personal injury and wrongful death claims (Tex. Civ. Prac. & Rem. Code §§ 16.003(a), (b)).

• Discovery Rule: Courts apply the discovery rule in cases of occupational diseases, including mesothelioma. The two-year period begins when the plaintiff knew or should have known that asbestos exposure was the cause of their illness (see Childs v. Haussecker, 974 S.W.2d 31 (Tex. 1998)).

• Wrongful Death: Must be filed within two years of death, but the discovery rule may apply if the asbestos link was not initially known (Tex. Civ. Prac. & Rem. Code § 16.003(b)).

• Minors and Legal Disability: Time limits are tolled until the disability is removed (Tex. Civ. Prac. & Rem. Code § 16.001).

• Statute of Repose: Applies to claims involving improvements to real property. Most claims must be filed within 10 years of substantial completion (Tex. Civ. Prac. & Rem. Code § 16.009).

  • Product liability claims, including those involving asbestos, are typically not barred by repose due to exceptions in § 16.012(b)(2), especially for latent diseases.

Eligibility to Sue

Texas allows personal injury suits by individuals diagnosed with mesothelioma or other asbestos-related illnesses. Upon death, a wrongful death claim may be brought by the surviving spouse, children, or parents (Tex. Civ. Prac. & Rem. Code § 71.004). A survival action may be brought by the estate for damages suffered by the decedent before death (Tex. Civ. Prac. & Rem. Code § 71.021).

Workers’ Compensation Limitations

Texas’s Workers’ Compensation Act generally bars lawsuits against subscribing employers (Tex. Labor Code § 408.001(a)). However:

• If the employer is a non-subscriber, injured workers can file suit and seek full common-law damages.

• Intentional conduct by the employer is not protected by the exclusive remedy rule.

• Injured workers may always sue third parties, such as product manufacturers or contractors. Workers’ comp insurers can assert a subrogation lien on third-party recoveries (Tex. Labor Code § 417.001).

Damages and Caps

Economic Damages: Fully recoverable with no statutory cap. Includes medical costs, lost earnings, and future care.

Noneconomic Damages: Texas imposes caps only in healthcare liability claims. Asbestos cases generally are not subject to caps unless they involve medical providers.

Loss of Consortium: Recognized in personal injury and wrongful death cases.

Punitive (Exemplary) Damages: Capped under Tex. Civ. Prac. & Rem. Code § 41.008:

• Greater of:

  • 2x economic damages + noneconomic damages up to $750,000, or

  • $200,000 total

• No cap applies if the defendant’s conduct was felony-level criminal.

Punitive damages require clear and convincing evidence of malice, fraud, or gross negligence (Tex. Civ. Prac. & Rem. Code § 41.003).

Comparative Fault and Joint Liability

Texas follows a modified comparative fault system:

• Plaintiffs may recover only if they are 50% or less at fault (Tex. Civ. Prac. & Rem. Code § 33.001).

• Damages are reduced in proportion to the plaintiff’s fault.

Texas has abolished joint and several liability in most cases. A defendant is jointly liable only if they are:

• Found to be more than 50% at fault,

• Acted intentionally, or

• Committed certain criminal acts (Tex. Civ. Prac. & Rem. Code § 33.013).

Otherwise, each defendant pays only their proportionate share of damages.

Collateral Source Rule

Texas follows a modified collateral source rule:

• In general, defendants may not introduce evidence of payments from insurance or other outside sources to reduce liability.

• However, in some cases (especially healthcare), courts may allow evidence of amounts actually paid versus amounts billed (Haygood v. Escobedo, 356 S.W.3d 390 (Tex. 2011)).

This may limit recovery for medical bills in certain asbestos cases, depending on how expenses were paid.

Standards of Proof and Causation

Texas requires asbestos plaintiffs to prove that the defendant’s product was a substantial factor in causing the illness, applying a standard similar to that in Lohrmann v. Pittsburgh Corning Corp.:

• Must show frequent, regular, and proximate exposure to the defendant’s asbestos-containing product.

• Evidence must be product-specific and individualized.

Texas follows the E.I. du Pont v. Robinson standard (923 S.W.2d 549 (Tex. 1995)), which is Daubert-like and codified in Rule 702 of the Texas Rules of Evidence:

• Experts must be qualified.

• Testimony must be based on reliable scientific methods, including peer review, error rates, and general acceptance.

• Judges act as gatekeepers to ensure only scientifically sound testimony is admitted.

This standard applies in both scientific and technical fields, including industrial hygiene and medical causation.

Wrongful Death and Survival Actions

• Wrongful Death: Brought by surviving spouse, children, or parents. Recoverable damages include loss of support, companionship, mental anguish, and funeral costs (Tex. Civ. Prac. & Rem. Code § 71.004).

• Survival Action: Filed by the estate for medical bills, pain and suffering, and lost wages experienced before death (Tex. Civ. Prac. & Rem. Code § 71.021).

Punitive damages are available in both claims when justified by the facts and evidence.

Asbestos Claims – Expert Report Requirement (Chapter 90 Compliance)

Texas has adopted a set of procedural requirements specifically for asbestos and silica claims under Chapter 90 of the Texas Civil Practice and Remedies Code. These rules apply to all claims filed on or after September 1, 2005.

Under § 90.003 and § 90.004, plaintiffs must serve a qualified physician’s report that meets strict content standards. The goal is to screen claims early and prevent litigation of non-impaired cases.

Report Requirements (Tex. Civ. Prac. & Rem. Code § 90.003 for Asbestos):

The report must be written by a board-certified physician and must state that:

1. The physician is licensed and board-certified in occupational medicine, pulmonary medicine, internal medicine, or oncology;

2. The physician has actually examined the plaintiff;

3. The physician has reviewed the relevant medical and exposure history, including:

   • Work history,

   • Exposure duration, and

   • Exposure sources; and

4. The plaintiff has a diagnosis of an asbestos-related illness, such as mesothelioma, asbestosis, or asbestos-related cancer, and that:

   • Exposure to asbestos was a substantial contributing factor to the disease, and

   • The physician’s opinion is based on objective and medically accepted diagnostic standards.

For non-malignant claims, the statute requires functional impairment, typically documented with pulmonary function tests (PFTs) meeting specific thresholds.

Deadline and Enforcement (Tex. Civ. Prac. & Rem. Code §§ 90.006–90.007):

• The expert report must be served within 30 days of the earlier of:

  • The date the defendant files an answer, or

  • The date the defendant makes a general appearance in the case.

• If a report is not served, or is deficient, the defendant may file a motion to dismiss.

• The court must stay all proceedings while the motion is pending and, if the motion is granted, the asbestos claims must be dismissed without prejudice.

• Plaintiffs may refile after correcting the deficiencies but must comply with Chapter 90 in full to proceed.

Chapter 90 was enacted to weed out unverified or low-quality asbestos claims early in the litigation process. It functions independently of Daubert-style expert admissibility standards, and dismissal may occur before discovery or trial, based solely on the failure to submit a compliant report.

How Texas’s Laws Work in Practice

Meet Carlos, a 69-year-old retired refinery technician from Pasadena, Texas. From the 1970s through the late 1980s, Carlos worked around boilers, pumps, and insulation manufactured with asbestos. In April 2024, he was diagnosed with pleural mesothelioma—a disease with a known link to asbestos exposure.

Thanks to Texas’s discovery rule, Carlos’s two-year statute of limitations began in April 2024, when he first learned that asbestos exposure was the likely cause of his illness. He has until April 2026 to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003(a); Childs v. Haussecker).

Carlos is required to submit a Chapter 90 expert report within 30 days of the defendant’s first answer. That report must be written by a board-certified physician in occupational medicine, oncology, or a similar field. It must confirm that Carlos has mesothelioma and that asbestos exposure was a substantial contributing factor, based on objective diagnostic standards (Tex. Civ. Prac. & Rem. Code §§ 90.003–90.006). If this report is not filed, his case may be dismissed—even before trial—under Chapter 90’s screening process.

If Carlos were to pass away before filing, his wife and adult children could bring a wrongful death lawsuit, while his estate could file a survival action to recover for the pain, suffering, and medical bills Carlos incurred before death (Tex. Civ. Prac. & Rem. Code §§ 71.004, 71.021).

Because Texas follows a modified comparative fault rule, Carlos may recover damages only if he is 50% or less at fault. If, for example, a jury finds that Carlos ignored available safety warnings but was still less at fault than the manufacturers, his compensation will be reduced proportionally (Tex. Civ. Prac. & Rem. Code § 33.001).

If multiple companies contributed to Carlos’s exposure, joint and several liability applies only if a defendant is found more than 50% at fault, acted intentionally, or committed a crime. Otherwise, each defendant pays only its own share of the damages (Tex. Civ. Prac. & Rem. Code § 33.013).

Carlos may seek full economic damages like medical costs and lost wages. Noneconomic damages such as pain and suffering are not capped in product liability cases. If the defendants acted with gross negligence or reckless disregard, his attorneys may also pursue punitive damages, capped at twice the economic damages plus up to $750,000 in noneconomic damages, or $200,000 total, whichever is greater—unless the conduct qualifies for an exception (Tex. Civ. Prac. & Rem. Code § 41.008).

Carlos’s legal team will need to present expert testimony showing that the defendants’ products significantly contributed to his illness. Texas courts follow the E.I. du Pont v. Robinson standard, which requires that expert opinions be based on reliable scientific methods that are peer-reviewed, widely accepted, and properly applied to the case.

This is a hypothetical example based on real Texas laws. Every case is unique. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Texas law may apply to your situation.

Why Choose Our Firm to Handle Your Family's Texas Mesothelioma Case?

Our proprietary database contains detailed records of 6,175 asbestos exposure sites across 773 Texas communities—from Houston's massive petrochemical complexes to Orange's shipyards and the oil refineries throughout the state. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Texas family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Texas Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Texas family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Texas database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Houston's massive petrochemical facilities to Orange's historic shipyards and refineries throughout Texas.

For example, if you worked at facilities where our database shows PCC (Pittsburgh Corning Corporation) products were installed, we can file your PCC trust claim immediately. While other firms would spend months investigating whether PCC products were present at your workplace, we've already done that detective work. We can potentially recover $175,000 to $500,000 for mesothelioma cases depending on exposure level and diagnosis.

Asbestos Lawsuits

You can hold companies accountable through Texas's favorable court system. Our database strengthens your case with documented evidence and court precedents from Texas worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like Houston's refineries and Orange's shipyards.

Our database contains detailed records from Texas's unique industrial sites, including testimony about which defendants' products were used in oil refining, petrochemical production, and shipbuilding. This gives us crucial evidence about product failures and safety violations specific to Texas's diverse energy and industrial environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized military database is particularly powerful for veterans. Texas's extensive military history and defense contracting means many residents have potential VA claims from service at bases like Fort Sam Houston, Kelly Air Force Base, or work on defense projects throughout the state.

Our military records are especially valuable for veterans who served at Texas's numerous military installations or worked on defense projects throughout the state, helping prove exposure that gets VA claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Texas Mesothelioma Case?

Whether you were exposed to asbestos at ExxonMobil's Houston facilities, DuPont's Sabine River Works, the shipyards of Orange, or any of Texas's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Texas:

• Two-year filing deadline from diagnosis under Texas's discovery rule

• Multiple trust claims may be available beyond your lawsuit

• No caps on noneconomic damages in Texas

• Proportionate responsibility system ensures fair compensation from all defendants

What We'll Do for Your Texas Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of Texas exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic use of Texas's liability rules to maximize recovery from major defendants

• Expert navigation of workers' compensation issues and premises liability claims recognized in Texas

Get started today. Our Texas mesothelioma team understands the massive industrial legacy of the Lone Star State and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS