Discovery

If you have been diagnosed with an asbestos-related medical condition, it is important to talk to a lawyer about your legal options. Choosing to file suit not only helps bring the asbestos industry to justice, but also bears potential to receive compensation to help pay for medical expenses, missed wages, and other costs associated with asbestos-related illness. One of the more important steps in the lawsuit process is referred to as "discovery." Having the right lawyer to guide you through the discovery process could mean the difference between losing and winning your case.

Discovery is the process in which your asbestos or mesothelioma lawyer will collect and investigate information regarding your case. This is where working with a lawyer proves its benefits, as the lawyer will handle every detail of the investigation. Be aware that you may be requested to talk with the lawyer on the defendant's side to answer questions about the case. Make sure to answer all of these questions honestly and as completely as possible if the occasion should arise.

Lawyers will be very thorough, and oftentimes personal, when asking questions. Even the most apparently insignificant details can help your case. Some of the questions you should be prepared to answer include the following:

What is your medical history?
Do you presently have any other unrelated health problems?
Do you have a family history of cancer?
Do you smoke, or have you ever smoked in the past? (Note, this does not cause or increase your risk of developing mesothelioma.)
Where were you exposed to asbestos?
When did your asbestos exposure occur?

Of course, there are many other questions you will be asked about your specific condition and the treatment you have received. You may also receive one or more written questionnaires (called interrogatories) to answer.

In addition to interrogatories, you may also have to partake in a deposition. During a deposition, you will be sworn under oath and asked to answer questions related to the case while being videotaped for documentation. Before you begin, you will meet with your lawyer to review likely questions and what you may experience during the deposition. Most depositions only last a few hours, but in some circumstances, a deposition may proceed over several days.

Your lawyers and the defendant's lawyers will also contact others in your life, including your family members, past employers, and co-workers. Your doctor may also be asked to answer questions about your medical condition, treatment decisions, and past medical condition. Expect the defendant and their lawyers to be just as thorough as your lawyer.

On top of interviewing you and others who may have bearing on the case, your lawyers will also become involved in additional research for your case.

How long will the discovery process take? That depends on the medical urgency of your case and how long the defendant and your own lawyers need to take in the discovery process. In order to be as thorough as possible, the discovery process may stretch over several months. However, if you are very ill, the process may be sped along so the case can be resolved before your condition worsens.

For more information on this subject and other matters involved in asbestos and mesothelioma litigation, please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive an informative packet. Please see Setting a Trial Date to read about the next stage of a lawsuit, and read Case Process for an overview of the process of filing a lawsuit.

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