Mesothelioma & The Discovery Rule: Understanding Asbestos Deadlines in Louisiana

In Louisiana, the law usually gives you 365 days to seek justice. But what happens when the injury was caused by invisible fibers inhaled forty years ago? For victims of asbestos exposure, the standard ‘statute of limitations’ (known as Prescription) could be a death sentence for their legal rights. Fortunately, Louisiana courts recognize that mesothelioma is a different kind of battle, utilizing the Discovery Rule to ensure that the clock doesn’t start until you actually know you are sick.

The One-Year Clock: How Prescription Works in Louisiana

In standard Louisiana personal injury cases, the law is strict: you generally have exactly one year from the date of the accident to file a lawsuit. This is known as “Prescription.” However, asbestos exposure is a “long-latency” injury. A worker exposed in a New Orleans shipyard in 1975 might not feel a single symptom until 2024. Because of this, the Louisiana Supreme Court has modified the rules to ensure victims aren’t punished for a disease they didn’t know they had.

Separate Diseases, Separate Deadlines: Asbestosis vs. Mesothelioma

One of the most important takeaways from Louisiana case law is that asbestosis and mesothelioma are considered “separate and distinct” illnesses. Simply because a plaintiff knew they had asbestosis ten years ago does not mean the clock has run out for a new diagnosis of mesothelioma. Because the consequences develop at different rates, you may be entitled to file a new claim even if you previously received compensation for a different asbestos-related condition.

Some aspects of asbestos cases do not fit within the traditional mold of other personal injury cases. Because these cases continue to be treated as personal injury matters, some of the rules must be relaxed or modified. The Louisiana Supreme Court dealt with some of these modifications in the case of Cole v. Celotex, 599 So.2d 1058 (1992). We look now to explore what the Court had to say about prescription rules that place time limits on a plaintiff’s right to file suit for an injury.

Typically, the rules of prescription give an injured party one year from the date they are injured to file a lawsuit seeking damages against the person(s) responsible for the injury. As we have already noted, the time when an asbestos-related injury actually “occurs” is difficult to determine. Thus, the Court in the Cole case ruled that, for legal purposes, the repeated exposure to hazardous substances give rise to a claim. That is true even if the asbestos-caused disease does not manifest itself until later.

Because the time of the injurious event is difficult to pinpoint, the prescription rules are also hard to apply. Indeed, the Court recognized that a brief one year prescriptive period is incompatible with long latency diseases. An injured party may not even realize that he has suffered any harm for years. Thus, Lousiana courts can apply the “discovery” rule to asbestos cases. Under the discovery rule, the prescriptive period does not begin until “the plaintiff knows or through the exercise of due diligence should have known of the injury.” Cole, 599 So.2d at 1084. Even then, the prescriptive period only runs on injuries the plainiff knows about or should know about. In other words, a plaintiff will not miss his chance to seek damages for disease he does not know about:

“Simply because a plaintiff knows or should know that he has a cause of action seeking damages for asbestosis, for example, does not mean that he knows or through due diligence should know all of the consequences that might develop later, including separate and distinct illnesses such as mesothelioma or another form of cancer.” Id.

The Discovery Rule: When Does the Clock Actually Start?

As established in the landmark case Cole v. Celotex, Louisiana courts apply the “Discovery Rule” (a form of contra non valentem) to asbestos claims. Under this rule, the one-year prescriptive period does not begin until the plaintiff knows, or through the exercise of due diligence should have known, of the injury. This means the clock doesn’t start in the 1970s; it starts when a doctor provides a diagnosis or when symptoms clearly link back to asbestos.

The discovery rule makes sense in light of two underlying principles of the prescription rules. First, the prescriptive rules seek to prevent the loss of evidence. In a typical injury case, the evidence – whether physical evidence or witness testimony – gets fuzzier with time. However, the Supreme Court observed that because of the nature of asbestos injuries, “evidence relating to [such issues] tends to develop, rather than disappear, as time passes.”

Proving your claim within these deadlines requires specific evidence of asbestos exposure. Understanding who to sue is just as important as when to sue; see our guide on diverse defendant groups in asbestos cases.

Secondly, the legal system is concerned with properly compensating an injured party. As much as the law does not want to undercompensate a plaintiff, it also seeks not to overcompensate him at the expense of a defendant. Thus, preserving a plaintiff’s right to sue for injuries as the injuries become evident prevents a plaintiff from having to guess about any future injuries or diseases that might arise. This fulfills the aims against both undercompensation and overcompensation. A plaintiff does not miss the chance to sue for a legitimate injury, but neither is a defendant forced to pay for an injury that never actually develops.

The complex and severe nature of the typical prescription rules and the asbestos modifications demonstrate the need to obtain qualified counsel as soon as possible. If a disease or condition begins to manifest itself, both medical and legal aid should be sought right away in order to protect and preserve an injured party’s rights.

Prescription rules in asbestos cases are a complex maze of technical dates and medical milestones. Missing a deadline by a single day can mean the permanent loss of your right to a settlement. If you or a loved one has recently been diagnosed with mesothelioma or asbestosis, do not guess at the calendar. Contact the Berniard Law Firm today for a free evaluation to ensure your rights are protected before time runs out.