Louisiana Mesothelioma Lawyers

How Do I File a Claim in Louisiana?

The first step in filing a mesothelioma claim in Louisiana is finding an asbestos law firm to handle your claim. Make sure to find a firm that is familiar with the state’s asbestos litigation laws. 

Your mesothelioma lawyer should understand how the state’s laws may affect your case. For example, when it comes to the state’s comparative fault system, a skilled lawyer can build a strong case to minimize any claims of shared responsibility.

Key Facts About Filing  Louisiana Asbestos Claims

1. Louisiana follows a pure comparative fault system. This means damages can be reduced if the plaintiff shares fault.
2. The statute of limitations is only 2 years from the time of diagnosis to file a personal injury lawsuit.
3. The state offers just 1 year from the loss of a loved one to file a wrongful death lawsuit.

While Louisiana’s statute of limitations means you may have less time to file a claim in the state, don’t be discouraged if you’ve already passed that time frame. An experienced mesothelioma attorney may be able to find exceptions that exist in your case. 

You may also be able to file your mesothelioma claim in another state. This may be the case if your exposure happened elsewhere or the defendant is headquartered somewhere else.

Why Should I Hire a Louisiana Mesothelioma Lawyer?

Louisiana mesothelioma lawyers have experience navigating the state’s courts. They’re also experienced in identifying liable parties, such as employers and manufacturers who exposed workers to asbestos. 

Workers have been exposed to asbestos in small and large cities across Louisiana, including New Orleans, Baton Rouge, Lafayette and Slidell. Those who develop mesothelioma and other asbestos diseases may be eligible to seek compensation through lawsuits and asbestos trust fund claims.

Hiring a qualified mesothelioma attorney increases your chances of receiving the maximum compensation in Louisiana. The best firms will alleviate your stress so you can focus on your health and family.

Louisiana Mesothelioma Law Firms

Top mesothelioma lawyers in New Orleans include the team at Nemeroff Law. The firm has a reputation for securing some of the highest verdicts and settlements in Louisiana. 

In Louisiana courts, Nemeroff attorneys secured a $12 million verdict for a shipyard worker and a $9.25 million verdict for two families of oil refinery workers. They also secured a $7.5 million verdict from a New Orleans jury for a pipefitter exposed to asbestos in the 1970s and 1980s.

Nationwide Asbestos Law Firms Outside Louisiana

Lawyers at national mesothelioma law firms are licensed to practice throughout the United States. Nationwide asbestos lawyers have robust resources and experience. They handle all types of cases and know how to find the right jurisdiction for your claim. In 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods responsible for asbestos exposure.

If you can’t travel, a perk of selecting a national asbestos law firm is they’ll typically travel to you. They regularly travel long distances to meet with clients and record depositions. Generally, they don’t charge clients for these travel expenses.

Successful Asbestos Litigation in Louisiana

Louisiana courts have a recent history of awarding mesothelioma compensation to plaintiffs. These courts also have a history of siding with asbestos defendants. Many Louisiana residents file claims in other states where their exposure occurred or where the responsible company is headquartered.

Notable Louisiana Settlements and Verdicts

• $10.3 Million in 2020: After a 6-week trial, a New Orleans jury awarded these damages to Henry Pete, who claimed he developed mesothelioma from exposure to asbestos while working as a longshoreman. Simmons Hanly Conroy represented him.
• $8.2 Million in 2021: A Louisiana jury awarded these damages to Steven Aaron Sr. He claimed he developed mesothelioma from exposure to asbestos working as an auto mechanic. Aaron worked on asbestos brakes and clutches found on vehicles the Ford Motor Company manufactured.
• $7.55 Million in 2011: A Louisiana man was awarded these damages in a mesothelioma lawsuit involving asbestos product manufacturers John Crane and Haveg. Thomas Kenney claimed he developed mesothelioma from exposure to John Crane’s asbestos gaskets and Haveg’s asbestos pipes while working at Tenneco.
• $6 Million in 2006: A Louisiana jury awarded these damages to the surviving family of an insulation worker who died of lung cancer in 2006 in a wrongful death lawsuit.
• $4.5 Million in 2007: A millwright’s family was awarded these damages in a mesothelioma lawsuit involving asbestos exposure in a paper mill located in West Monroe, Louisiana. Walter Graves filed a personal injury lawsuit against the mill after developing mesothelioma, and his family continued the lawsuit when he died of the disease in 2000.
• $4.35 Million in 2013: A Louisiana court awarded these damages in 2013 to the surviving family of a mechanic who died of mesothelioma. The mechanic worked at 3 Entergy facilities in Louisiana from 1967 through 2005, where his family claims he was exposed to asbestos that caused him to develop mesothelioma.
• $3.6 Million in 2006: A Louisiana jury awarded $3.6 million to the family of a laborer who died of asbestos-related laryngeal cancer in 2001. The surviving family of Alfred Watts claimed he developed cancer as a result of asbestos exposure he encountered while working for Hebert Brothers Engineers from 1963 to 1994, during which time he performed contract work at The Dow Company.

Your asbestos law firm will file your claim in the right jurisdiction based upon the details of your case. These firms are known to secure mesothelioma settlements worth more than a million dollars for their clients. For example, in 2022, Weitz & Luxenberg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods responsible for asbestos exposure.

Louisiana Laws That Regulate Asbestos

Louisiana employs federal and state laws to regulate asbestos and prevent exposure among residents. It also takes federal regulations around asbestos in schools a step further with its own regulations, including provisions for training and accreditation. 

The Louisiana Department of Environmental Quality oversees asbestos regulations in the state, including regulations that apply to school and state buildings. It also oversees training and accreditation of abatement workers. Louisiana is unique in that it requires an additional two-hour asbestos regulations course to become an accredited asbestos abatement worker in the state.

Louisiana Asbestos Laws, Codes and Statutes

• Louisiana Revised Statutes Title 30, Section 2341: Outlines the Louisiana School Abatement Act
• Louisiana Environmental Regulatory Code Title 33, Part III: Defines air quality standards for asbestos in Louisiana
• Louisiana Administrative Code Chapter 27: Guidelines on how to manage asbestos in schools and state buildings.
• Louisiana Administrative Code Chapter 51, Subchapter M, Section 5151: Defines the emission standard for asbestos, including definitions and standards for demolition and renovation
• Louisiana Laws Civil Code Section 3492: Defines the statutes of limitations for personal injury and wrongful death lawsuits in Louisiana
• Louisiana Laws Civil Code Section 2323: Defines Louisiana’s negligence laws
• Louisiana Workers’ Compensation Law: Since 1975, the Louisiana Workers’ Compensation Law has listed mesothelioma as an occupational disease, which has often had the effect of requiring those with mesothelioma to file workers’ compensation claims instead of product liability claims if their exposure occurred after 1975.

Louisiana’s workers’ compensation laws may impact your case depending on when you were exposed to asbestos. Ensure you find a Louisiana-licensed mesothelioma attorney with experience applying these laws to asbestos claims.

Asbestos Exposure Risks in Louisiana

With no naturally occurring asbestos within the state, occupational exposure is typically the main source of asbestos exposure in Louisiana. The industries in Louisiana most known for asbestos exposure include oil refining and shipbuilding. Workers have also been exposed in power plants, chemical plants and schools. 

Sites Known for Asbestos Exposure in Louisiana

• Baker High School: In 2022, the discovery of asbestos at Baker High School halted a demolition project to prevent exposure at the school. Schools across the country used asbestos-containing construction materials through the 1980s.
• Baton Rouge and New Orleans Seaports: Port workers often encountered asbestos on ships and at the docks. Ports in key port cities exposed workers to asbestos fireproofing and insulation materials. 
• Johns Manville facility: Johns Manville operated an asbestos product manufacturing facility just south of New Orleans in Marrero. About 950 workers made asbestos products at the facility from the 1930s to the 1980s.  
• Oil Refineries: Asbestos was the material used to insulate pipelines in oil refineries in Shreveport, Princeton and Lake Charles. Asbestos provided heat resistance. Oil is flammable, and the refining process requires high temperatures and pressure. Asbestos insulated tanks, reactors, pumps and furnaces.
• W.R. Grace facility: From 1965 to 1985, W.R. Grace operated a vermiculite processing facility in New Orleans. The vermiculite contained tremolite asbestos. Thousands of community members living and working around the facility got exposed to asbestos. Jefferson Parish, where the facility is located, ranked 19th among all U.S. counties for mesothelioma deaths. 

The city of New Orleans was forever changed when Hurricane Katrina hit on Aug. 29, 2005. Hurricane floods damaged many older homes containing legacy asbestos.

Until Aug. 29, 2008, the EPA allowed debris that could have contained asbestos to enter landfills not approved for such waste. This action helped to clean up debris in a timelier manner but may have exposed people to asbestos in the process. The state issued seven air quality violations by the end of 2008 relating to the handling of asbestos materials in landfills.

Asbestos Exposure at Work in Louisiana

Louisiana residents face exposure risks in certain occupational settings known for asbestos use. Examples in Louisiana include power plants, oil refineries, shipyards and industrial plants. The state has no natural asbestos deposits. Some companies dumped asbestos waste throughout Louisiana that contaminated the soil and groundwater.

Veterans of the U.S. armed forces have been exposed to asbestos at Louisiana shipyards and military bases. For example, veterans may have been exposed at NSA New Orleans Navy Base, Marine Corps Support Facility in New Orleans and Camp Beauregard Army Base in Pineville, Louisiana.

Higher-Risk Occupations

• Chemical plant workers
• Demolition workers
• Firefighters
• First responders
• Manufacturing plant workers
• Military veterans
• Power plant workers
• Oil refinery workers
• Port workers
• Salt miners
• Shipbuilders

An occupation often forgotten to be at risk of asbestos exposure is first responders. Police, firefighters, and volunteers who responded to Hurricane Katrina were exposed to asbestos. Demolition crews who worked on homes and buildings damaged by Hurricane Katrina were exposed to asbestos through cleanup efforts. 

Asbestos companies have been held liable in Louisiana for the diseases their products cause. For example, Louisiana courts have held Tenneco, Entergy and W.R. Grace responsible for cases of mesothelioma among the state’s residents.

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