Texas House Bill HB3440

Texas 2021 - 87th Regular

Caption

Relating to information a claimant must provide when bringing an action asserting an asbestos-related injury.

Impact

This bill directly impacts the Texas Civil Practice and Remedies Code by adding a new section that lays out the requirements for asbestos-related injury claims. By imposing these requirements, the bill aims to streamline the legal process and reduce frivolous claims. It establishes a clearer framework and serves as a gatekeeping measure to ensure only claims meeting stringent criteria proceed in the legal system. The provisions may lead to significant changes in the litigation landscape for asbestos-related claims and affect how these cases are processed within the state’s judicial system.

Summary

House Bill 3440 mandates that claimants asserting asbestos-related injuries must provide detailed sworn information when filing their claims. This includes specifics on the nature of the exposure, including the identities of all parties involved, the specific asbestos products related to the claim, and supporting documentation. The intent of this legislation is to ensure that such claims are substantiated with detailed information from the outset, which would presumably help in managing the complexities surrounding asbestos-related litigation.

Contention

Concerns have been raised regarding the implications of HB3440 on claimants seeking justice for asbestos-related injuries. Critics argue that the stringent requirements for disclosures could intimidate or discourage individuals from filing valid claims due to the complexity and burden of proof required. There is apprehension that the bill could disproportionately affect those with legitimate injuries, creating barriers that might deny them their right to seek compensation. Debates are likely to focus on balancing the need for thoroughness in claims with the rights of injured parties to pursue legal recourse.