Louisiana law does give terminally ill litigants a way to move their case ahead of the ordinary docket, though the process involves more than simply asking a court to speed things up. Mesothelioma plaintiffs have used exactly this provision when their health declines faster than typical asbestos litigation moves.
Louisiana Law Allows Scheduling Preference for Terminal Illness
Under Louisiana Code of Civil Procedure Article 1573, a court must give scheduling preference when a party files a motion supported by medical documentation. That documentation needs to show either that the person has reached age 70 or has an illness making survival beyond six months unlikely, and the court must also find that preference serves the interests of justice. For a mesothelioma plaintiff under 70, the medical-prognosis path is typically the one that applies.
What Preference Looked Like in Curole v. Avondale
In Curole v. Avondale Industries, a plaintiff alleging asbestos-related lung cancer submitted a physician’s affidavit stating he was unlikely to survive six months, and the trial court set trial roughly three months later. A defendant argued the compressed timeline left too little time to answer, conduct discovery, and prepare a defense.
Louisiana’s Fourth Circuit disagreed, explaining that Article 1573 functions as an exception to ordinary trial-setting rules once a qualifying medical emergency is shown. Additionally, the trial judge retains discretion over how the accelerated schedule actually unfolds. The case also shows that preference is not a shortcut around discovery, as the plaintiff was deposed in his hospital room before trial, and the court noted defendants still had months to prepare.
Move Early to Preserve Testimony and Protect the Case
A terminal diagnosis alone does not guarantee an accelerated date. Courts still weigh the medical documentation and the interests of justice, and the record in a case can matter as much as the prognosis itself. If a plaintiff dies before trial, Louisiana’s survival and wrongful-death statutes, along with rules allowing a successor to be substituted into the case, may still let the litigation continue.
Because a living plaintiff is often the strongest witness to decades-old exposure, requesting preference and preserving deposition testimony early can matter as much as the trial date itself. At Pourciau Law Firm, we can help evaluate whether an Article 1573 motion fits your situation and move quickly to preserve testimony while it still can be taken. Call us at 504-305-2375, or reach out to us to talk through next steps.