The Impact of State-Specific Statutes of Repose on Asbestos Exposure Litigation

On Behalf of | Jan 23, 2025 | asbestos

Victims who suffer health issues as a result of being exposed to asbestos by their employer have valid claims against that employer or any other party, such as the product manufacturer. Unfortunately, many victims can lose out on their rightful compensation due to state-specific statutes of repose on asbestos exposure litigation. Let’s explore how these statutes affect asbestos exposure litigation. 

How Statutes of Repose Impact Asbestos Cases

Statutes of repose can seriously affect a victim’s ability to take legal action. Here is how these laws come into play in asbestos-related cases:

1. Strict Time Limits Make Filing Difficult

One of the biggest challenges with asbestos cases is how long it can take for health problems to appear. Mesothelioma and other asbestos-related diseases might not develop until 20 to 40 years after exposure. 

However, Louisiana has a five-year statute of repose for claims involving property improvements. This means if the exposure happened during construction or renovation work completed more than five years ago, it may not be possible to file a lawsuit.

2. Figuring Out Where to File Is Complicated

The state where a person was exposed to asbestos can impact their ability to file a lawsuit. For example, Louisiana only gives victims one year from the time they are diagnosed to file a personal injury claim. However, if the exposure happened in another state, like Mississippi, that state’s rules might apply instead. Mississippi allows up to three years. 

3. Losing the Chance for Compensation

Missing these strict deadlines could mean losing the right to seek compensation altogether. This includes money for medical treatments, lost wages, and pain and suffering. For many families, this financial help is essential, especially when medical bills start piling up.

Act Now to Protect Your Rights

Waiting too long can close the door on holding companies accountable for asbestos exposure. Understanding how statutes of repose work is important, but you do not need to figure it out alone.

Pourciau Law Firm is ready to help you navigate these complicated laws and fight for the compensation you deserve. Contact us to schedule a consultation and take the first step toward justice.