Why Louisiana Has a Significant Asbestos History
Mesothelioma is a rare and aggressive cancer, almost always caused by exposure to asbestos fibers, that can take decades to develop after the initial exposure. Louisiana has a particularly significant asbestos exposure history because of its industrial base, including shipyards along the Gulf Coast that built and repaired vessels for decades, oil refineries and petrochemical plants concentrated along the Mississippi River corridor sometimes called Cancer Alley, and paper mills and other heavy industry that used asbestos-containing insulation, gaskets, and protective equipment for much of the twentieth century.
Workers in these industries, along with their family members who were sometimes exposed to asbestos fibers brought home on work clothes, make up a large share of Louisiana mesothelioma cases. Because the disease has such a long latency period, sometimes 20 to 50 years, many people diagnosed today were exposed decades ago, sometimes at facilities or companies that no longer exist in their original form.
How a Louisiana Mesothelioma Claim Works
A mesothelioma lawsuit generally alleges that one or more companies that manufactured, sold, or used asbestos-containing products knew or should have known about the health risks and failed to adequately warn workers, in violation of product liability and negligence principles. Because a person may have been exposed to asbestos from multiple products and employers over a career, these cases often name multiple defendants.
A distinct and important feature of asbestos litigation generally, including in Louisiana, is the existence of asbestos bankruptcy trust funds. Many of the companies most responsible for asbestos exposure filed for bankruptcy decades ago and, as part of that process, were required to set aside funds specifically to compensate current and future asbestos victims. A mesothelioma claim in Louisiana may therefore involve both a lawsuit against still-operating companies and separate claims against one or more of these trust funds, and an experienced attorney typically pursues both to maximize potential compensation.
The Louisiana Filing Deadline
Louisiana has a notably short statute of limitations for personal injury claims, including asbestos and mesothelioma cases, of one year. That clock generally starts running from the date of diagnosis, under the discovery rule, rather than from the original date of exposure, which is critical given how many decades can pass between exposure and diagnosis.
Because one year is considerably shorter than the two to four years allowed in many other states, prompt action after a mesothelioma or other asbestos-related diagnosis is especially important in Louisiana. Wrongful death claims brought by surviving family members are also subject to their own deadline, which can run separately from any claim the patient may have had while alive, so family members should seek legal advice promptly as well.
How to Get Legal Help
If you or a family member has been diagnosed with mesothelioma or another asbestos-related disease, an occupational and exposure history, including every employer, job site, and approximate dates, is essential and should be gathered as early as possible, ideally with help from an attorney experienced in Louisiana asbestos litigation, since identifying every possible source of exposure and responsible company can meaningfully affect the case.
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Louisiana Mesothelioma Lawsuit: What to Know: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Why does Louisiana have significant asbestos litigation?
Because of its long industrial history, including Gulf Coast shipyards, oil refineries, and petrochemical plants along the Mississippi River corridor, all of which used asbestos-containing materials extensively for much of the twentieth century.
What is the filing deadline for a mesothelioma lawsuit in Louisiana?
One year, which is shorter than in many other states. The clock generally starts from the date of diagnosis rather than the date of original exposure, but because it is short, prompt action after diagnosis is important.
What are asbestos trust funds?
Funds set aside by companies that filed for bankruptcy, in part due to asbestos liability, specifically to compensate current and future asbestos victims. A Louisiana mesothelioma claim may involve both a lawsuit against still-operating companies and separate claims against one or more trust funds.
Can family members exposed through a workers clothing file a claim?
Potentially, yes. Family members who were exposed to asbestos fibers brought home on a workers clothing, sometimes called secondary or take-home exposure, may also be able to pursue a claim if they later develop mesothelioma or another asbestos-related disease.
What should I do after a mesothelioma diagnosis?
Gather a detailed occupational and exposure history, including every employer, job site, and approximate dates, as early as possible, and consult an attorney experienced in Louisiana asbestos litigation given the state short one-year filing deadline.