Mesothelioma Discovery Process
Mesothelioma lawsuit rules are particularly subject to jurisdictional variances as these litigations are highly complex and time-consuming.
Different courts allow different procedures in some areas, and it takes a knowledgeable attorney to navigate these legal channels.
Discovery, by legal definition, is a specific stage in a lawsuit, but the whole suit process can be seen as a continual discovery of information leading to a conclusion.
Despite fine-print changes, mesothelioma suits follow the process outlined below, which includes the all-important discovery phase.
The first step a mesothelioma attorney takes is evaluating a client’s case. That includes determining the stage the client’s illness is at, where asbestos exposure occurred, who the negligent party is, and all available information supporting the case.
The attorney’s evaluation determines if the case facts warrant filing a lawsuit or if recourse such as trust fund compensation is warranted.
Once deciding to move forward with a lawsuit, the client files a complaint or petition with the court having jurisdiction over the case.
The claim states currently known facts and describes why an offending party is liable for harming the complainant. The alleged wrongdoer is served a copy of the claim and must legally respond. Parties are now known as plaintiff and defendant.
The discovery phase is usually the longest and most important part of a lawsuit process. Courts remain at arms-length during discovery.
Lawyers for the plaintiff and defendant interact and discover facts, share them within legal boundaries, and attempt to reach an out of court settlement. Discovery entails having witnesses deposed or answer questions under oath.
These statements are transcribed and become evidence if the matter goes to trial. Discovery also uncovers material evidence like documents, photographs, and physical objects.
Expert witnesses like medical practitioners also give discovery facts.
Trial, Verdict, and Appeal
Mesothelioma lawsuits rarely go to trial. However, almost all mesothelioma suits go through the discovery phase.
Once discovered evidence is disclosed, the plaintiff and defendant examine the strengths and weaknesses in their case and negotiate a settlement.
Less than 5% of mesothelioma lawsuits end in a trial verdict. Even fewer are appealed.