Genuine Issue of Material Fact - Summary Judgment Based on Statute of Limitations - Asbestos Related Illness: Appellate Brief Argued Before The Supreme Court of Texas

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The standard statute of limitations on injury cases in Texas is two years. This means that a claimant who is injured must, generally, file suit no later than two years from the date of injury, or else any claim or lawsuit for damages will be barred by statute. Asbestos exposure presents a unique set of circumstances, however. The diseases that develop from exposure to asbestos may take many years to show symptoms, which means that courts have had to fashion unique rules to govern these types of cases. In this case, which went from trial, to appeal, to the Supreme Court of Texas, the question of law was whether the plaintiff should have known that he had asbestosis in his lungs more than two years before filing suit. As you can see, a petition for review to the Supreme Court of Texas is a very detailed and formal document, and should only be attempted by an experienced personal injury trial attorney.

Please see full appellate brief below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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