Many Louisiana residents develop habits that may not be good for their health. In fact, if you surveyed people in each of the 50 states, you'd be hard-pressed to find someone who never engaged in some type of behavior that placed personal health at risk. When it comes to cigarette smoking, hookas and asbestos, however, not only are there confirmed serious health risks, but any combination of the three creates a potential for health-related disaster.
In any asbestos injury case, thorough documentation of the condition is critical to building the strongest possible claim. There are several reasons for this. First of all, there is the need to establish that the condition has been properly diagnosed and does indeed exist.
Previously, we began looking at Louisiana law concerning deadlines for filing different types of legal claims. As we noted, wrongful death, survival and personal injury actions all involve a one year deadline, either from the date of death or the date of injury. In some types of personal injury cases, determining the actual date of injury is challenging, including asbestos injury cases.
One of the important issues that can sometimes present issues in asbestos-injury litigation is the timing of filing a lawsuit. As a technical matter, if a lawsuit is filed too late, the opportunity to pursue a claim is lost. Filing at the right time, however, also requires an accumulation of evidence sufficient to allow for a successful claim.