When an asbestos exposure lawsuit is filed, the defending party has a limited amount of time to respond to the lawsuit. This is typically 30 days after the service of the process and will vary by state and local laws. Once the lawsuit is answered, the case has a set period in which to find and collect enough evidence to create a compelling case.
This period is called the “Discovery Period,” and any evidence procured during the asbestos exposure lawsuit discovery process will affect the outcome of the case.
Many different types of discovery items should be amassed during the discovery period, which varies depending on the circumstances surrounding each case. Having an experienced mesothelioma law firm by your side will help you feel comfortable throughout the asbestos lawsuit discovery process and greatly increase your chances of a favorable outcome in the trial.
Mesowatch’s experienced legal team often moves quickly through the discovery period by commanding respect through their many years of experience, strong track record of large verdicts and settlements, and unlimited resources needed to prosecute every defendant liable for your asbestos exposure. Our legal team has secured settlements within six months of beginning a mesothelioma lawsuit.
Medical Documentation For Asbestos Lawsuit Discovery Process
The right medical documentation is critical when filing an asbestos lawsuit because there must be a documentable diagnosis of an asbestos-related condition like mesothelioma or lung cancer. A confirmable mesothelioma diagnosis or asbestos-related cancer diagnosis should be presented using tests, imaging, and other procedures performed by a reputable, experienced mesothelioma or lung cancer pathologist.
Mesowatch can help determine if the right medical documentation is included in the asbestos lawsuit discovery process or refer you to an experienced pathologist if you are not confident that your asbestos exposure illness has been properly diagnosed.
Work History Documents
Working as a team, Mesowatch’s team of our Nation’s best asbestos lawyers work quickly through the process of assembling work documentation using their decades of experience, team approach, and unlimited resources to ensure the necessary work documentation is presented in the discovery process.
Examples are pay stubs, memorandums regarding work assignments, photographs of work occurring, or correspondence corroborating that the plaintiff was at the location stated, at the date stated, which can all serve to prove that asbestos exposure could have occurred at a certain time and date.
Witnesses
In addition to documents, finding co-workers who can corroborate the narrative of what work was performed, what the conditions were like, and how probable asbestos exposure would have been, can add significant corroboration to the plaintiff’s testimony.
The Mesowatch legal team will act quickly to interview all witnesses who may have any knowledge of the asbestos conditions of the workplace and your possible exposure to the asbestos.
Expert Witnesses
Expert Witnesses are witnesses who have specialized knowledge in fields such as lung cancer and mesothelioma diagnosis procedures. The proper medical experts are needed to ensure a successful outcome at trial after the discovery process. Our legal team will spare no expense in hiring the best expert witnesses in the nation to achieve the best results for your case.
Life History
The defense will attempt to discredit an asbestos exposure lawsuit by alleging that the victim’s illnesses were caused by a source other than asbestos exposure. Possible defenses will be that the plaintiff had a history of smoking, age, or genetics that led to the plaintiff getting sick. Mesowatch’s legal team will provide all resources available to prove the asbestos exposure caused your illness and have seen all the defendant’s tactics before.
Statute of Limitations
Defendants will allege in many instances that the plaintiff has exceeded the statute of limitations and should have known sooner that they had been exposed to asbestos or became ill from their asbestos exposure. By contacting Mesowatch quickly we will have a much better chance of succeeding against any state’s statute of limitations laws.
Time Sensitivity
Our legal team must go back many years after asbestos exposure to find the relevant evidence needed for the asbestos exposure lawsuit discovery process due to the latency period of the asbestos exposure diseases being 10-40 years. It is important to contact us immediately after you suspect you may have an asbestos exposure-related illness, as we are ready and waiting to act quickly to gather the relevant evidence.
If you or a loved one have been diagnosed with mesothelioma or an asbestos-related cancer condition, contact Mesowatch for immediate support today. You will receive a free, confidential case evaluation and immediate assistance. You will also connect with our nationwide team of experienced attorneys. Acting quickly provides the best chance of identifying all liable parties and pursuing the maximum possible compensation for your loss, start your case today.
Frequently Asked Questions About the Discovery Process in Mesothelioma Lawsuits
Understanding the discovery process is essential for anyone considering filing a mesothelioma lawsuit. The following frequently asked questions provide valuable insights into this crucial stage of the legal process, helping you know what to expect and how to prepare your case best.
The discovery process can significantly impact the outcome of a mesothelioma lawsuit. The strength and quality of the evidence gathered during this phase often play a crucial role in determining whether a case proceeds to trial or if a settlement is reached. If the plaintiff’s attorneys uncover strong evidence supporting their claim, it can lead to a favorable settlement offer from the defendant. Conversely, if the evidence is weak or inconclusive, the defendant may be more inclined to take the case to trial. The discovery process helps both parties make informed decisions about the best course of action based on the available evidence.
The discovery process is a crucial pre-trial phase in a mesothelioma lawsuit where both parties exchange relevant information and evidence. During this stage, attorneys gather testimonies, documents, and other evidence to build a strong case and support their claims. The discovery process typically includes depositions, interrogatories, requests for documents, and, in some cases, site inspections. This phase is essential for establishing the facts of the case and preparing for trial or settlement negotiations.
The duration of the discovery process in a mesothelioma lawsuit can vary significantly depending on several factors, such as the case’s complexity, the volume of evidence to be reviewed, and the cooperation of both parties. On average, the discovery process can take anywhere from several months to over a year. The court’s schedule and the unique circumstances of each case also influence the timeline. It’s important to work with an experienced mesothelioma attorney who can help navigate the discovery process efficiently and effectively.
During the discovery process, attorneys collect a wide range of evidence to support their case. This may include medical records documenting the mesothelioma diagnosis and treatment, employment records showing the plaintiff’s work history and potential asbestos exposure, and expert witness testimonies providing scientific and medical insights. Attorneys also gather company documents that demonstrate the use of asbestos in products or facilities, depositions from witnesses, and statements from coworkers or others who may have been exposed to the same asbestos sources. This evidence is crucial for establishing the link between the plaintiff’s asbestos exposure and their mesothelioma diagnosis.
The discovery process plays a vital role in mesothelioma lawsuits by allowing both parties to gain a comprehensive understanding of the evidence that will be presented in court. For plaintiffs, this is an opportunity to gather compelling evidence that demonstrates the defendant’s liability for their asbestos exposure and resulting mesothelioma diagnosis. On the other hand, defendants use the discovery process to challenge the plaintiff’s evidence and identify any weaknesses in their case. The information exchanged during discovery helps both sides assess the strengths and weaknesses of their arguments, which can influence settlement negotiations or trial strategies.
