Mesothelioma Statute of Limitations in Louisiana
Mesothelioma is a serious and often fatal cancer that affects the mesothelium, or the layer of tissue that surrounds your major internal organs. The most common form of mesothelioma attacks the lungs, though in rare cases, it may happen in the tissue around the testicles, heart or abdomen.
Mesothelioma often occurs due to asbestos exposure. If you have developed mesothelioma following asbestos exposure on the job, you may want to file a lawsuit, but be advised you only have a limited time to do this. Those who miss the deadline for filing may lose their ability to recover any damages. Read on to learn everything you need to know about the LA statute of limitations for mesothelioma lawsuits.
Mesothelioma Statute of Limitations
How can you figure out the statute of limitations in a mesothelioma suit? Factors that play into it include the type of lawsuit, which may be:
- Personal Injury: For those who have recently been diagnosed with mesothelioma
- Wrongful Death: For family members of a victim of mesothelioma who passed away
The statue of limitations for personal injury and wrongful death suits are the same in most states. However, one of the most significant difficulties in meeting a deadline to file a mesothelioma claim in Louisiana or anywhere else, no matter what type of suit you file, is that it can take 10 to 40 years to develop mesothelioma from past asbestos exposure.
Louisiana Statute of Limitations for Mesothelioma Lawsuits
In Louisiana, you must bring a personal injury suit within a year from when you received your diagnosis, and only the victim can file this suit. Wrongful death also has a one-year statute of limitations. It must be filed within a year of the death of the family member from mesothelioma.
The complications arise here. The Louisiana statutes might not apply to you even if you or your relative lived within the state when they developed mesothelioma. Variables might include:
- Where the person who developed mesothelioma lived when they were diagnosed and in the years before
- The location of the job sites where the exposure occurred
- The location of the parent company of the place where the asbestos occurred
So, for instance, if you have lived in Louisiana for five years but developed mesothelioma from asbestos exposure that occurred in Mississippi 10 years ago, you may be bound by the Mississippi statutes, which are three years for both personal injury and wrongful death.
Where Should You File Your Mesothelioma Claim?
Determining where you should file your claim depends on many factors that can be frustrating and difficult to navigate if you lack legal experience. Speaking with a Louisiana mesothelioma attorney who can advise you on where to file your claim may set your mind at ease.