Louisiana Mesothelioma Lawyer

Mesothelioma Attorney in Louisiana

Mesothelioma can take decades to develop, and when the diagnosis is made, it leaves families in Louisiana with little time to process or prepare for its medical, emotional, and financial impact. Wallace & Graham, P.A. is a law firm of Louisiana mesothelioma lawyers who fight for people whose lives have been changed by corporate decisions that were preventable and for which victims bear no responsibility.

Mesothelioma is most commonly caused by years of exposure to dangerous industrial products that have been used for decades without adequate warnings or protection. We hold negligent companies accountable and pursue maximum financial recovery for individuals and families injured by hazardous industrial operations throughout Louisiana.

When you hire a mesothelioma lawyer who has experience in Louisiana cases, you can better position yourself for the compensation you deserve.

Hire a Mesothelioma Lawyer

Mesothelioma litigation takes experience, resources, and proof of exposure that may have happened decades ago. Wallace & Graham, P.A. has been representing families across the country in complex mesothelioma litigation, with close to 40 years of combined experience.

Attorney Bill Graham has been named as one of the attorneys in the nation to achieve a Top 10 U.S. jury verdict in a mesothelioma case. Our focus on the most serious injury and wrongful death cases related to toxic exposures allows us to work up cases based on thorough investigation, medical evidence, and a trial-ready strategy.

Industrial and Occupational Exposure

Louisiana’s economy has historically been fueled by heavy industry. Shipbuilding, petrochemical refining, manufacturing, and power generation are mainstays of Louisiana’s economy, and workers in these industries were regularly exposed to a number of hazardous materials during normal operations, maintenance, and repair activities without being informed of potential long-term health effects.

Asbestos use in the United States peaked in the 1970s. Risk for exposure has continued to decline over the past few decades as US asbestos mines were shuttered and asbestos products and materials were taken off the market. Many people are just now feeling the effects of that peak, however.

Based on Centers for Disease Control and Prevention (CDC) data published on mesothelioma cases, 2,669 new cases were reported in the US in 2022. The disease’s latency period between exposure and symptom development explains why many Louisiana workers are just beginning to discover their illnesses stem from industrial exposure.

Workers often remained exposed to harmful materials even after they left their jobs. Fibers could easily be transported home on work clothes, tools, and other personal belongings, and could put family members at risk through secondhand exposure.

Symptoms and Diagnosis

Symptoms of mesothelioma take years to develop, so they often do not appear until 20 to 40 years after exposure to the cause of the disease. Since the symptoms of early-stage mesothelioma are often similar to symptoms of less serious diseases, diagnosis is usually delayed. Symptoms also depend on which area of the body the cancer affects. Some of the more common symptoms include: 

• Persistent shortness of breath or difficulty breathing
• Chest pain, tightness, or pain when breathing deeply
• Persistent cough or wheezing
• Abdominal pain, swelling, or digestive problems
• Persistent fatigue or weakness
• Unintended weight loss or lack of appetite

Proving Exposure When Records Are Decades Old

Mesothelioma cases often depend on events that took place decades ago, before the eventual diagnosis. Employment records may be lost or incomplete, companies may have changed hands or gone out of business, and witnesses may be difficult to locate. Proving exposure in these cases requires the ability to recreate the work history through second-hand evidence, such as job site records, union archives, product identification, and historical industry practices.

In Louisiana, where industrial facilities often made use of tiered contractors and rotating workforces, determining how the exposure took place is an important step in establishing liability.

Identifying Responsible Companies Beyond the Employer

Mesothelioma claims need not be made against a person’s direct employer. In many cases, third parties such as manufacturers, suppliers, or contractors who produced or sold dangerous materials to be used at a job site are liable.

Often, there were a number of vendors active at a given time at Louisiana industrial sites, such as refineries, shipyards, and chemical plants. Thus, to determine who is responsible, one need only look to the companies that had control over materials, sold equipment, or were aware of the risks and did not warn. In this way, claims are targeted at corporate behavior, and not the status of employment.

Legal Options After Diagnosis

After one is diagnosed with mesothelioma, the overwhelming questions surround medical treatment, financial solvency, and holding someone responsible for the condition. Many are unaware that a legal claim can exist for years, even decades, after exposure. The course of action is determined by where and when the exposure occurred, which companies were involved, and employment and medical history.

Claims for damages may include the following, depending on the situation:

• A personal injury or wrongful death claim
• Claims against a responsible manufacturer or supplier
• A previously established compensation trust for victims
• Benefits associated with military or maritime service

Wallace & Graham’s Approach to Building Mesothelioma Cases

Mesothelioma cases are fact-intensive. Our team of investigators and legal professionals thoroughly comb through the employment and medical history to piece together a detailed exposure history and work to identify all the potential parties responsible for causing mesothelioma.

Tying a diagnosis to a product or job site can often mean tracing the history back decades. This requires extensive research into employment records, product records, and historical industry practices.

Our experienced team works with qualified medical professionals to prove causation and present clear, well-supported claims. Each case is prepared for trial from the start, and defendants are made to understand the seriousness of the claim and the evidence against them.

The Financial Burden Mesothelioma Places on Louisiana Families

Mesothelioma treatment can create a massive financial burden on Louisiana families. Medical bills, lost wages, and the household implications of these effects can put many families in financial crisis. The CDC reports mesothelioma to be a rare and aggressive cancer, often requiring aggressive and long-term treatment.

While financial recovery can never reverse the effects, it can help families pay for medical treatment, replace lost income, and plan for the future with some certainty.

FAQs

What Is the Deadline to File a Mesothelioma Claim in Louisiana?

As of July 1, 2024, Louisiana law provides a two-year prescriptive period for claims arising from asbestos-related occupational diseases, including mesothelioma. Under Louisiana Civil Code article 3493.11, the prescriptive period does not begin to run at the time of exposure, but at the time the illness is discovered or reasonably should have been discovered. Prescription is strictly construed, making early legal evaluation imperative.

How Long Do People Typically Live After a Mesothelioma Diagnosis?

The prognosis for mesothelioma is generally poor, partially due to the fact that patients are often diagnosed long after their first exposure to asbestos. The median mesothelioma survival rate from the time of diagnosis is 12-18 months for those who receive treatment. Survival can differ significantly based on the type and stage of cancer as well as treatment options, but in general, the disease is known to be aggressive and life-threatening.

Why Are Mesothelioma Claims Often Filed Decades After Exposure?

Mesothelioma has one of the longest latency periods of any disease. Often, people are diagnosed 20 to 40 years after the exposure that causes the disease. By then, workers may have left employment, companies may have changed names, and job sites may have vanished. Mesothelioma claims involve reconstructing past work conditions, not current ones.

What Makes Louisiana Mesothelioma Cases Different From Other States?

Louisiana’s industrial presence makes for interesting exposure histories. Refineries, chemical plants, shipyards, and river-based plants in the Mississippi River corridor, such as Baton Rouge and Lake Charles, supported thousands of workers, and hazardous materials were liberally used. The worksites may have had numerous contractors and suppliers, and each must be investigated to determine who is potentially responsible under Louisiana law.

Can Family Members Bring a Claim After a Mesothelioma Death?

Surviving family members may also be able to file a wrongful death claim under Louisiana law when mesothelioma causes death. These are separate and distinct from personal injury actions. They are brought by family members for losses that they have suffered as a result of the decedent’s death. Wrongful death actions, like injury actions, have strict prescriptive periods and must be filed in a timely manner, or the legal right to file may be forever lost.

Contact a Mesothelioma Lawyer in Louisiana

Mesothelioma cases require dedicated legal counsel, experienced and thorough investigation, and a passion for justice and accountability. Wallace & Graham, P.A. represents Louisiana families with compassion, precision, and vigor.

If you or a loved one has been diagnosed with mesothelioma, a Louisiana mesothelioma lawyer can help you understand your legal options and explain your next steps. Contact Wallace & Graham, P.A. today to discuss your case and see how we may be able to help. Book a consultation here.