One of the most complex parts of asbestos litigation is the passage of time. People often develop mesothelioma or related diseases decades after their last exposure, sometimes 20, 30, or even 50 years later. That long gap gives defendants an opening to argue that claims are simply too late or that any exposure happened after tort liability was cut off.
Louisiana generally gives mesothelioma patients one year from diagnosis to file suit, but the “discovery rule” offers protection. It pauses the deadline until a person knows, or reasonably should know, that asbestos is the cause of their illness.
Workers’ Compensation and the 1975 Divide
Louisiana added asbestos-related diseases to its Workers’ Compensation Act in 1975. That change matters because, after that point, employees usually cannot sue their employers in tort unless there is evidence of intentional harm.
Still, many workers can get around this barrier. Courts recognize a “significant tortious exposure” theory: If a worker faced meaningful asbestos exposure before 1975, a tort claim can continue even when later exposures happened under the workers’ comp system.
To prove early exposure, lawyers often dig through employment files, track down former coworkers, and identify which asbestos-containing products were used at each worksite.
Pushing Back on Limitations Arguments
Defendants often argue a case is late because the person “should have known” their illness was asbestos-related or because an earlier condition, like asbestosis, triggered the deadline.
Plaintiffs push back by showing that no doctor ever connected their symptoms to asbestos, or by laying out a long trail of exposure across different jobs over the years. Medical experts help explain the slow development of these diseases and why early signs are easy to miss. Courts also look at whether a company hid known dangers, which can pause or extend the time to file.
How to Build a Strong Case From the Start
Good evidence makes these cases stronger. Work records, union files, Social Security reports, and product lists help show when and where exposure happened. Medical records tie the diagnosis to asbestos. And because workers’ comp rules changed in 1975, plaintiffs must be ready to show meaningful exposure occurred before that cutoff.
When Time Is Being Used Against You
Defendants may rely on delay as a defense, but you don’t have to face that battle alone. Pourciau Law Firm fights for asbestos victims across Louisiana. Call 504-305-2375 or reach out through our contact form for a free case review.