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Analyzing Statute of Limitations in Wrongful Death Cases Related to Asbestos Exposure

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Location: Dallas  |  Law type: wrongful death attorneys
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I just became aware that asbestos exposure of a certain kind found in automobiles causes esophageal cancer. My husband died in 2013 from esophageal cancer( time to file claim 2/3 years) after working as maintenance on cranes in a steel mill, and before that position he handled the slag (waste by product that comes from melting of scrapped automobiles)cleanup . Both jobs were located in the meltshop and I believe that would put him in direct contact with asbestos used in many areas of automobiles, especially older models,  as the asbestos fibers are disturbed when used to charge arc furnace used at steel plant he worked in from early 1980 until his diagnosis for esophageal cancer in 2009 and finally after 4 1/2 years of chemotherapy and radiation, surgery and more chemotherapy,  he succumbed to the cancer and died in 2013. Are there any exceptions to time limits for filing wrongful death?

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The response provided below is specific to wrongful death attorneys in the jurisdiction of Dallas. If the response is inadequate, please submit a detailed inquiry.

Analyzing Statute of Limitations in Wrongful Death Cases Related to Asbestos Exposure

Given the tragic circumstances surrounding your husband's esophageal cancer and the potential link to asbestos exposure, it is crucial to understand the legal implications surrounding statute of limitations for wrongful death claims. This knowledge will empower you in determining if there is a possibility of seeking justice, even if the apparent time limit has lapsed.

  1. Relevant Statutes and Resources:

    • Texas Civil Practice and Remedies Code, Section 16.003: Wrongful death actions.
    • Texas Civil Practice and Remedies Code, Section 90.003: Asbestos-related and silica-related claims.
    • Texas State Law Library Homepage

  2. Potential Legal Solutions:

    • Discovery Rule Application: In certain cases, the statute of limitations begins not when the injury occurred but when the injury was discovered or should have been reasonably discovered. This might be relevant in cases of diseases that have a latency period, such as those caused by asbestos exposure.
    • Tolling the Statute: The statute might be "tolled" or paused under specific conditions. For instance, if there is a legal disability or if there's an active concealment of facts by responsible entities.
    • Lawsuits against Manufacturers: Some manufacturers of asbestos products have established trust funds to compensate victims. If the manufacturer of the asbestos products your husband was exposed to has such a fund, you might be eligible for a claim.
    • It is also advisable to compare lawyers in your area to understand the specific circumstances surrounding your case better.

  3. Legal Fee Estimates:

    Type of Service Average Cost in Dallas (USD)
    Initial Consultation with Wrongful Death Lawyers $250 - $500
    Asbestos-related Case Research $1,500 - $3,000
    Filing a Wrongful Death Lawsuit $5,000 - $10,000
    Negotiating with Asbestos Trusts $3,000 - $6,000
    Full Litigation (if it goes to trial) $20,000 - $50,000

    Note: These prices are estimates and can vary based on the complexity of the case and the reputation of the attorney or law firm.

  4. Further Clarification:

    It's important to provide more specific details concerning your husband's employment and exposure. Were there any protective measures in place at his workplace? Were there any previous cases of asbestos-related diseases among his coworkers? Such details will help in building a strong case.

    Don't miss out on the opportunity for justice. Taking action now can bring peace to your life and ensure such tragedies don't repeat.

  5. Please answer the following questions to help further analyze your case:

    • Did your husband ever receive any formal diagnosis linking his cancer to asbestos exposure?
    • Were there any other potential sources of asbestos exposure in his life outside of his workplace?
    • Have any of his coworkers, especially those from the meltshop, been diagnosed with similar diseases?

Q1: How long is the typical statute of limitations for wrongful death in Dallas, Texas?

The typical statute of limitations for wrongful death in Dallas, Texas is two years from the date of death. However, there are exceptions and nuances, especially relating to the discovery rule.

Q2: What is the "discovery rule" in the context of wrongful death claims?

The "discovery rule" postpones the commencement of the limitations period until the plaintiff discovers, or through the exercise of reasonable diligence should have discovered, the nature of the injury.

Q3: Are there any established trust funds for asbestos-related claims in Texas?

Yes, several asbestos manufacturers have set up trust funds to compensate victims. The availability and amount can vary, and it's essential to find the right lawyer to navigate this aspect.

Q4: Can I sue the employer for not providing adequate protection against asbestos exposure?

Potentially, yes. Employers have a duty to ensure a safe working environment. If it can be proven that they were negligent in this duty, they might be held liable.

Q5: Is there a link between asbestos exposure and esophageal cancer?

Several studies have indicated a potential link between asbestos exposure and esophageal cancer. Establishing this link in a legal context requires expert testimonies and evidence.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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