Louisiana Mesothelioma and Asbestos Lawyers
The Louisiana court system is often favorable to victims of asbestos exposure, which usually results in significant compensation. Learn more about asbestos exposure in Louisiana, the benefits of working with a lawyer who specializes in mesothelioma and asbestos claims and how you can receive compensation for mesothelioma or another cancer caused by asbestos.
Reviewed By
Troy E. Walton
Personal Injury Attorney
Reviewed By
Troy E. Walton
Personal Injury Attorney
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The Importance of Louisiana Mesothelioma and Asbestos Lawyers
Finding a lawyer who specializes in mesothelioma and asbestos claims in Louisiana will maximize your chances of receiving compensation efficiently. Mesothelioma claims are complex as they require specific details concerning how people were exposed to asbestos – the jobs they worked, places they lived, and more – and then connecting their asbestos exposure to the responsible parties.
During the 20th century, companies manufactured and distributed asbestos across various industries in the United States. This led to millions of people being exposed to the cancer-causing substance and later developing asbestos-related diseases, such as lung cancer and a rare cancer known as mesothelioma. The only cause of mesothelioma is asbestos exposure, and the companies responsible for creating this health risk should be held accountable.
Victims of asbestos exposure deserve compensation for their cancer, and the companies that prioritized profits over public health, leading to mass asbestos exposure, are responsible for providing this compensation. An experienced asbestos lawyer will have access to extensive databases linking your asbestos exposure to certain companies and will know exactly how to handle your claim’s unique circumstances.
Benefits of Working With a Louisiana Asbestos Cancer Lawyer
One of the main benefits of working with an asbestos-specialized lawyer is they typically work on a contingency basis, which means they only receive payment if they secure compensation for you. This means it does not “cost” anything to work with them. There are no up-front legal fees or out-of-pocket expenses.
If your claim is successful and results in compensation, your mesothelioma lawyer will receive a percentage of the awarded compensation. If your claim does not result in compensation, the lawyer receives nothing.
It’s a win-win situation, as mesothelioma lawyers will work diligently to ensure your claim is successful and leads to the highest possible compensation, which in turn results in the lawyer’s compensation.
Working with an asbestos lawyer who worked on asbestos claims in Louisiana will reduce time, stress, travel and many other burdens. Asbestos lawyers will travel to you for any necessary meetings.
Additional benefits of working with a qualified Louisiana mesothelioma and asbestos lawyer include:
- Extensive experience in asbestos claims
- Stress-free and efficient filing process
- Filing claims in multiple states
- Handling all paperwork and negotiations
- Likelihood of receiving maximum compensation
- Determining the best plan of action (which claims to file and where)
Choosing a Louisiana Mesothelioma Lawyer
Working with a national mesothelioma law firm will protect people affected by mesothelioma from the stress of the legal process. Asbestos cancer attorneys can handle the majority of the case process, compiling evidence, filing the claim in the appropriate Louisiana court, and negotiating a settlement.
It is not recommended to work with a lawyer who does not specialize in mesothelioma or asbestos claims. The case process for asbestos exposure is meticulous. It involves compiling a history of asbestos exposure for the victim, notably where they worked that may have involved asbestos. The lawyers also link these locations to specific corporations responsible for the production and sale of the asbestos.
Understanding Mesothelioma and Asbestos Exposure
Mesothelioma is a rare and aggressive form of cancer, and the only cause is asbestos exposure. Asbestos is a naturally occurring mineral found within the earth and was often manufactured into various products and materials used in applications across many industries.
Asbestos was valued for its durable and fire-resistant properties. It was often manufactured into insulation materials used in construction, plumbing and pipefitting, electrical work, insulation of boilers and heaters, plants and refineries, military ships, shipyards and aircraft, and many other industries.
The companies responsible for manufacturing asbestos products and materials and distributing them to industries around the U.S. knew of the health risks associated with the substance but chose to disregard the health of consumers and the general public.
Health Risks of Asbestos
Although many industries used asbestos for its durability, it can deteriorate along with the other components of the specific product or material it has been manufactured into. Asbestos is composed of microscopic, sharp fibers, so when it is broken apart, these tiny fibers contaminate the air and can be unknowingly inhaled or swallowed.
If asbestos is inhaled or swallowed, the fibers can become lodged in the thin linings of the lungs or abdomen, causing irritation, cell mutation, and mesothelioma tumor formation. This can result in many asbestos-related diseases, such as lung cancer or mesothelioma.
Asbestos causes an estimated 7,000-11,000 new cases of lung cancer and nearly 3,000 new cases of mesothelioma in the United States each year. Typically, men above the age of 65 are diagnosed with asbestos-related cancers, like lung cancer and mesothelioma.
Pleural mesothelioma, the most common type of mesothelioma, forms in the lining of the lungs, called the pleura. Peritoneal mesothelioma, the second most common, forms in the lining of the abdominal cavity.
Since mesothelioma is directly caused by asbestos corporations’ negligence in not reporting health risks, people who have been diagnosed with mesothelioma are entitled to financial compensation from the companies responsible for their asbestos exposure.
The best approach for seeking compensation is finding an attorney who specializes in Louisiana mesothelioma cases. Mesothelioma lawyers dedicate their careers to holding these asbestos companies accountable for their unethical and malicious business decisions, and they will know exactly how to navigate the complexities involved in asbestos claims.
Louisiana Asbestos Exposure
For centuries, asbestos was used in various industries, including many of the leading industries in Louisiana. World War II was a driving force for much of the industrial growth throughout America. During this time, the demand for certain products and materials grew exponentially, so production ramped up.
To keep up with demand, companies began incorporating asbestos into many products and materials due to its heat resistance and inexpensive price tag. Not only were many products and materials manufactured with asbestos, but so were the facilities these companies worked in.
Louisiana, in particular, was a key player in the mass importation of asbestos. New Orleans is one of the major port cities in the United States and is one of the top import locations for asbestos. From 2006-2014, the U.S. imported more than 8 million pounds of asbestos, most of which came from Brazil and Russia.
In that timeframe, the port in New Orleans brought in the largest amount of asbestos of any port in the United States. The city welcomed 40 shipments totaling 5.25 million pounds. Second was Houston, Texas, totaling 2.37 million pounds, a distant gap from Louisiana’s cultural hub.
According to a 2011 study published by the Louisiana Department of Health, the state once had more facilities producing, processing, or using asbestos than any other state in the U.S., which led to asbestos exposure for many Louisiana residents, including workers in these facilities, their families and the general public.
Asbestos exposure most commonly occurred at work, which is referred to as occupational asbestos exposure. This type of exposure is the primary cause of mesothelioma and other asbestos-related diseases.
With a significant percentage of the Louisiana workforce in shipyards, ports, and industrial plants and facilities during the 20th century, the state has one of the highest rates of occupational asbestos exposure in the United States.
Louisiana Asbestos Exposure Sites
There is a long list of asbestos exposure sites throughout Louisiana. One of the primary sites is the Port of New Orleans due to the massive amount of asbestos imported into the city.
Here are some of the other known sites in some of the state’s larger cities. To learn more about asbestos exposure in Louisiana, use Mesothelioma Guide’s asbestos exposure database.
- New Orleans
- Baton Rouge
- Shreveport
- Lafayette
- Lake Charles
Louisiana Asbestos Laws and Regulations
In March 2024, the only type of asbestos reportedly still used in the U.S. – chrysotile asbestos – was formally banned in the country. The Environmental Protection Agency banned the import, manufacturing, distribution, sale, and use of the mineral, with transition periods allowed for the chlor-alkali industry, which was the only industry still using asbestos. This ban applies to Louisiana and should prevent the state’s residents from being exposed to new imports of asbestos.
The other five types of asbestos are not officially banned in the U.S., but they are heavily regulated and reportedly have not been used for decades.
However, the asbestos ban does not eliminate the risk of legacy asbestos exposure, which refers to asbestos remaining in old buildings, structures, products and materials. Today, legacy asbestos is the primary concern for asbestos exposure. Fortunately, Louisiana has laws and regulations to protect workers and residents from asbestos.
According to the Louisiana Department of Environmental Quality, any and all asbestos must be properly preserved or safely removed by a certified professional. There also must be accurate recordkeeping in place to detail the extent of asbestos (if it’s deteriorating, who inspected it, what the outcome was – removal or proper preservation).
Demolition or renovation of old schools, offices and homes can disturb legacy asbestos and expose anyone in the vicinity, which is why asbestos removal or handling must be executed by a certified professional. They are required to wear personal protective equipment, have extensive training on how to safely handle asbestos and report asbestos findings to the proper agencies.
Requirements for Filing a Mesothelioma or Asbestos Claim in Louisiana
For asbestos trust fund claims, there are a few requirements to address before the process begins:
Diagnosis and medical records – The victim must have medical records confirming a mesothelioma diagnosis or another asbestos-related disease.
History of asbestos exposure – The victim must provide their history of exposure (work history, military service, or a loved one’s connection to working with asbestos). An experienced mesothelioma attorney can help determine your asbestos exposure history.
Financial records – The victim should record all financial losses and hardships caused by their diagnosis in order to increase the chances of receiving maximum compensation.
Working with an experienced mesothelioma lawyer will help simplify this process as they will assist you in gathering all required documentation.
How to File a Mesothelioma Claim in Louisiana
Asbestos exposure is the only cause of mesothelioma, and the primary cause of asbestos exposure is negligent corporations valuing profits over public health and safety. If you have been diagnosed with mesothelioma, you are eligible to file claims against the responsible companies to receive rightfully deserved financial compensation.
The two types of mesothelioma legal claims victims of asbestos exposure can file include:
Asbestos trust fund claims — Filed with bankrupt asbestos companies’ trust funds that result in a fixed compensation amount previously established by the trustees
Mesothelioma lawsuits — Filed against active asbestos companies that often result in a settlement agreement or a verdict decided by a jury; lawsuits can be personal injury or wrongful death
The people eligible to file mesothelioma claims in Louisiana are the person diagnosed with cancer, their power of attorney, or their immediate family members (spouse and children) if they have passed away.
Most Louisiana mesothelioma claims are filed in courts located in select cities: New Orleans, Baton Rouge, Shreveport, Lafayette and Lake Charles, which are some of the major cities in the state. It’s important to find an asbestos cancer lawyer who specializes in Louisiana asbestos claims, so they will know exactly how to navigate a mesothelioma claim filed in the state. Working with a mesothelioma lawyer in Louisiana will also reduce time and stress as your lawyer will be able to meet with you locally.
Louisiana Mesothelioma Claims Process
To begin the process of filing a mesothelioma claim in Louisiana, victims should:
- Connect with a Louisiana asbestos lawyer. Not all attorneys have experience with asbestos and mesothelioma claims, which are vastly different from other types of legal claims and require extensive experience to be successful.
- Identify how and where you were exposed to asbestos. Without connecting your mesothelioma diagnosis to specific instances of asbestos exposure, your claim likely won’t succeed. An experienced mesothelioma lawyer can determine your history of exposure and link specific instances to the responsible companies.
- File a claim(s) against all responsible parties. Mesothelioma claims are often filed in multiple states due to the complexity of asbestos exposure. Companies manufactured and distributed asbestos across the country, so there may be several jurisdictions applicable to a claim.
The process for mesothelioma lawsuits and asbestos trust fund claims in Louisiana is different. However, each type of claim involves finding an experienced asbestos lawyer to help navigate the complexities of your claim. Lawsuits can take a few years to resolve, especially if they go to trial and require a verdict to conclude.
The mesothelioma lawsuit process includes:
Linking your history of asbestos exposure to the responsible asbestos company is essential to filing a mesothelioma lawsuit.
Your asbestos attorney will know exactly where in Louisiana (New Orleans, Baton Rouge, Shreveport, Lafayette and Lake Charles) to file your claim for maximum compensation.
Attorneys will review the evidence submitted by both sides.
Victims (plaintiffs) may be required to record a deposition to be used as testimony during trial
Attorneys will attempt to negotiate a settlement agreement between the two sides
If a settlement is not reached, the case will proceed to trial, likely resulting in a verdict.
Lawsuits can result in verdicts or settlements. Mesothelioma verdicts can be awarded after lengthy trials and result in significant compensation for victims. On the other hand, mesothelioma settlements are private financial compensation agreements between all parties involved in a lawsuit. Settlements resolve the case quicker, protect the asbestos manufacturing companies from paying multi-million-dollar verdicts, and award financial compensation to victims quickly. Experienced asbestos lawyers in Louisiana can represent people affected by mesothelioma in settlement discussions.
The asbestos trust funds claim process is different from the lawsuit case process. Filing a claim with a trust fund includes:
Matching your exposure history to specific companies involved in manufacturing and using asbestos is the most important step. Once you’ve linked your exposure to certain companies, you’ll likely file claims with multiple trusts.
Your claims are reviewed in either an expedited review, which pays you a predetermined amount quickly, or an individual review, which takes more time but can offer more compensation.
Liquidation is the assignment of a monetary value to the claim. Expedited review claims have a predetermined value, while liquidation for individual reviews is negotiated between the trustee and your asbestos lawyer.
Once an offer is made and accepted, payment is the final step.
Statute of Limitations for Mesothelioma Claims in Louisiana
The statute of limitations is a law established by each state that essentially sets a time limit for how long a victim has to file a personal injury or wrongful death claim, which are the two types of lawsuits applicable to mesothelioma.
The statute of limitations for mesothelioma claims in Louisiana is one year for both personal injury and wrongful death. It is crucial for victims of asbestos exposure to be aware of the statute of limitations for mesothelioma because it is a hard deadline. Once the statute of limitations has expired, you are no longer eligible to file a claim.
If you have been diagnosed with mesothelioma, connect with a mesothelioma lawyer as soon as you are able to avoid running out of time.
Asbestos Verdicts in Louisiana
Victims of asbestos exposure who have since developed mesothelioma or other asbestos-related diseases can file lawsuits against the responsible companies. Mesothelioma lawsuits most often end in private settlement agreements between all involved parties, which speeds up the legal process. However, some lawsuits do proceed to trial and result in substantial verdicts for the victims and their families.
Louisiana courts are favorable to the victims of Louisiana, and there have been several notable mesothelioma verdicts from trials held in the state.
$10.35 Million to Former Longshoreman
In 2023, a Louisiana appellate court affirmed a $10.35 million verdict awarded to a former longshoreman who worked at the Port of New Orleans from 1964 to 1968. He alleged that his asbestos exposure resulted from loading burlap bags of raw asbestos on cargo ships. He also claimed that his father performed the same work, resulting in secondary asbestos exposure at home.
$36.7 Million to Former Welder and Pipefitter
In 2021, a Louisiana court issued a $36.7 million verdict to a former welder and pipefitter, two occupations linked to asbestos exposure. The victim worked for Level 3 Holdings at the Union Carbide Plant, Waterford I and Waterford II from 1967 to 1970. This is one of the largest asbestos verdicts since courts reopened following the COVID-19 pandemic.
$8.26 Million to Former Mechanic
In 2021, a New Orleans court awarded $8.26 million to a former gas station and school bus mechanic in the 1960s and 1970s. The victim alleged that he had been exposed to asbestos while working on asbestos-containing brakes and clutches associated with Ford vehicles.
Frequently Asked Questions About Mesothelioma and Asbestos Lawyers in Louisiana
What Is Mesothelioma and How Is it Related to Asbestos Exposure?
Mesothelioma is a rare cancer commonly caused by exposure to asbestos fibers that affects the lining of specific organs (lungs) or cavities (abdominal cavity). Asbestos exposure occurs when individuals inhale or swallow asbestos particles, leading to the development of mesothelioma over time.
How Can a Louisiana Mesothelioma Lawyer Help With My Case?
A Louisiana mesothelioma lawyer specializes in handling cases related to asbestos exposure and mesothelioma. They can provide legal guidance and support in filing claims, navigating complex laws, negotiating settlements, and representing you in court to seek compensation for your suffering.
What Are the Key Steps Involved in Filing a Mesothelioma Claim in Louisiana?
Filing a mesothelioma claim in Louisiana typically involves gathering medical records, identifying the source of asbestos exposure, determining liable parties, submitting required documentation within statutory deadlines, and engaging in negotiations or litigation to secure compensation for medical expenses, lost income, and pain and suffering.
How Do I Choose the Best Louisiana Mesothelioma Lawyer for My Case?
When selecting a Louisiana mesothelioma lawyer, consider their experience with similar cases, track record of successful outcomes, knowledge of state-specific laws regarding asbestos exposure and mesothelioma claims, communication style, fee structure (often contingency-based) and level of personal attention they can provide throughout your case.
Sources & Author
- Asbestosis in Louisiana: A Descriptive Review and Demographic Analysis of Hospitalizations for Asbestosis, 1999-2009. Louisiana Department of Health. Retrieved from: https://ldh.la.gov/assets/oph/Center-EH/envepi/occ_health/Documents/Journal_LSMS_asbestosis.pdf. Accessed: 03/26/2024.
- Louisiana Department of Environmental Quality. Asbestos. Retrieved from: https://www.deq.louisiana.gov/page/asbestos-accreditation-and-notification-forms. Accessed: 03/26/2024.
- Louisiana Appellate Court Affirms $10.35M Verdict Based on Take-Home Asbestos Exposure. JD Supra. Retrieved from: https://www.jdsupra.com/legalnews/louisiana-appellate-court-affirms-10-2505193/#:~:text=Ct.-,App.,the%20development%20of%20his%20mesothelioma. Accessed: 04/01/2024.
- Louisiana Supreme Court. Retrieved from: https://en.wikipedia.org/wiki/Louisiana_Supreme_Court. Accessed: 04/15/24.
