Pourciau Law Firm Legal Blog

Punitive damages can change the leverage in a mesothelioma case, but Louisiana does not treat them as a routine add-on. Louisiana courts generally allow punitive (also called “exemplary”) damages only when a specific statute authorizes them, and courts read those statutes narrowly.  This post explains when the wanton and reckless disregard standard can even come […]

Asbestos diseases rarely show up right after exposure. Many Louisiana workers move from job site to job site over decades, then receive a diagnosis years later. That gap creates a hard question in court: When did “prescription” (Louisiana’s statute of limitations) start running?  Louisiana Prescription Basics for Asbestos Injuries Louisiana generally gives plaintiffs one year […]

Asbestos diseases often surface decades after the exposure that caused them. That long timeline creates a practical problem in litigation: The company responsible may have changed names, sold assets, or gone out of business, and its insurance paperwork may sit in a warehouse or nowhere at all. “Insurance archaeology” describes the work of locating old […]

Mesothelioma cases often turn on expert testimony about diagnosis and causation: what the disease is, and what caused it. Newer medical tools, including biomarkers and genetic testing, can make that testimony stronger by adding objective support. They can also create new disputes if the defense tries to reframe what the test results mean. This post […]

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 […]

A mesothelioma or asbestos-related lung cancer diagnosis does not hit just one person. It shifts the entire family. A spouse may suddenly become a full-time caregiver. Adult children might be trying to balance work, kids, and hospital visits. Understanding Mesothelioma and Latency Mesothelioma is a cancer of the lining of the chest or abdomen that […]

Most people in Louisiana picture asbestos in shipyards or big industrial plants. That picture is not wrong, but it is incomplete.  Asbestos is a heat-resistant mineral that was mixed into building materials and consumer products for decades. When those materials break, crumble, or are ripped out during repairs, tiny fibers go into the air and […]

The U.S. Navy used large amounts of asbestos in ships and shipyards for fireproofing and durability. The Navy used more asbestos than any other branch, and that asbestos is the only known cause of mesothelioma.  For much of the 20th century, sailors worked and lived in ships lined with asbestos insulation, valves, and gaskets. Manufacturers hid […]

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 […]

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 […]