A diagnosis of mesothelioma or asbestos-related lung cancer often leaves families making urgent medical decisions. At the same time, they also face legal choices that can affect compensation.
In Louisiana, two different claims exist: the survival action under Civil Code article 2315.1 and the wrongful death action under article 2315.2.
What Each Claim Covers
A survival claim is essentially the lawsuit the patient could have brought had they lived. It allows recovery for pain and suffering, mental anguish, medical bills, and lost wages from the date of injury until death.
By contrast, a wrongful death claim belongs to family members. It covers losses that arise after death, such as funeral costs, loss of financial support, and the emotional impact of losing a loved one. Because the two claims are separate, families often pursue both.
Beneficiaries and Order of Priority
Louisiana sets out a strict order of who can recover. A spouse and children come first. If none survive, parents may file, then siblings, then grandparents. Everyone in the same category must be included to avoid multiple suits.
Importantly, if a personal injury case is already pending when the patient dies, these same beneficiaries can substitute in to continue the survival claim.
Why Filing Before Death Preserves Leverage
Filing a personal injury action while the patient is alive locks in venue under Code of Civil Procedure article 74, which allows suit where the injury occurred or where damages are felt. For families in New Orleans or Baton Rouge, that can keep the case in a favorable forum.
Filing early also makes it possible to request trial preference under Article 1573, which gives priority to litigants who are gravely ill. Just as important, a deposition taken during life preserves testimony that may otherwise be lost.
Don’t Wait to Protect Your Rights
If you or a loved one has been diagnosed with mesothelioma or asbestos-related lung cancer, the law gives you options, but deadlines are strict. Pourciau Law Firm helps families across New Orleans and Baton Rouge decide whether to file a survival claim, a wrongful death claim, or both. Call 504-305-2375 or complete our intake form to discuss your case.