How long do you have to file a mesothelioma lawsuit in Louisiana?

On Behalf of | Jun 14, 2023 | asbestos

Mesothelioma is a terminal cancer that tends to be caused by asbestos exposure. This type of cancer affects the mesothelium, a layer of tissue that lines the body’s internal organs like the lungs, abdomen and liver. The most common form of mesothelioma is pleural mesothelioma which affects the lungs. 

Mesothelioma develops when you are exposed to asbestos. If this exposure happened at work, you may be eligible for financial restitution through mesothelioma claims. However, like other legal matters, you cannot file your claim at your convenience. You must act within the statute of limitations period. 

When to file your claim 

Well, two factors come into play:

  • Personal injury – if you have recently been diagnosed with mesothelioma
  • Wrongful death – if a loved one succumbed to the cancer

The statute of limitations for personal injury and wrongful death is the same in Louisiana. Thus, in Louisiana, you must file your personal injury or wrongful death claim within one year from the date of your diagnosis or a loved one’s death. 

Further information 

The Louisiana statute of limitations for mesothelioma claims may not apply to you even if you or your deceased relative lived within the state when they developed the disease. These variables may come into play:

  • Where the mesothelioma patient lived when they were diagnosed with the disease
  • The location of the job site when the suspected asbestos exposure happened
  • The parent company’s location 

For instance, say you were exposed to asbestos in Texas ten years back before moving to Louisiana where you have lived for the past five years. In this case, you will be bound by Texas’ statute of limitations, which is two years. 

A number of factors come into play when determining when you can file your mesothelioma claim. Learning more about Louisiana mesothelioma laws can help you protect your rights and interests while pursuing the compensation you may be entitled to.