In the state of Louisiana, there are specific timetable limits for filing tort claims, referred to as prescriptive periods. The Louisiana Legislature just extended the prescriptive period for delictual actions (torts) to two years; however, special rules still apply for asbestos-related disease.
For patients diagnosed with mesothelioma pursuing personal injury claims, the patient must file the lawsuit within one year from the date of diagnosis. For wrongful death claims, heirs must file within two years of the date of the deceased’s death. If patients or heirs fail to file suit before these time limits have expired, courts have the discretion to dismiss the case.
Why Act Quickly
Mesothelioma has a long latency period. Many victims are diagnosed decades after exposure. Because the clock begins running at diagnosis or death, delays can bar claims even though the exposure happened long ago.
The recently enacted Article 3493.1 extended the general tort prescription to two years, but it applies prospectively and may not affect mesothelioma claims arising from exposures before July 1, 2024. Therefore, potential plaintiffs should not assume they have two years without consulting an attorney.
Other Compensation Options
If the prescriptive period has passed, victims may still have options. Claimants may file against asbestos trust funds, which have their own deadlines and may not require court action. Veterans may also pursue disability benefits through the U.S. Department of Veterans Affairs or file claims in other jurisdictions if exposure occurred outside of Louisiana.
Practical Steps
Once diagnosed with an asbestos-related illness, speak with a lawyer who regularly handles mesothelioma or toxic exposure cases. Legal timelines can be short, so time is critical. Start gathering documentation that supports your case.
This includes:
- Medical records.
- Detailed employment history.
- Any documents showing where you may have encountered asbestos, such as at shipyards, power plants, or construction sites.
If your exposure involved a bankrupt company, ask your attorney about filing claims through asbestos trust funds, which may offer compensation.
Pourciau Law Firm helps victims of asbestos exposure navigate Louisiana’s complex timelines. Our team understands how to file claims within the appropriate prescriptive period and pursue maximum compensation from all liable parties. If you or a loved one has been diagnosed with mesothelioma, contact our attorneys today to schedule a consultation. Call us at 504-305-2375 today or fill out our online intake form.