Mesothelioma Lawsuits

During the discovery phase, the defendant’s attorney will typically try to rebuf

Mesothelioma lawsuits almost always have a discovery phase. During the discovery phase, the defendant’s attorney will typically try to rebuff your case and look for evidence that their client did not cause your illness. It’s your attorney’s job to gather as much evidence as possible, as previously mentioned, in order to prove your case.

Because of the complexities involved during this part of the procedure, the discovery process may take several months or more to complete, making it the longest part of the process. Both sides are afforded the opportunity to investigate the other side’s information and position regarding the case. Both sides are also allowed to ask questions, review your medical and work history, and take part in depositions.

It’s important to understand beforehand that the discovery phase is typically the most uncomfortable part of your lawsuit. Your personal life, habits, and history may be investigated and combed through thoroughly, and your family, friends, and even co-workers may be interviewed. Keep in mind that this is just part of the legal process.

In addition, during the discovery phase, the likelihood of the case going to a trial vs. a settlement will become more apparent. For example, the defendant’s attorney may see that the evidence against their client is overwhelming, whether through medical documents that supports the case, past work history of the plaintiff, history of asbestos use from the defendant’s company, and more. At this point, the defense may decide to negotiate a settlement instead of rebuffing the substantial evidence. If this happens, the discovery phase will be shortened significantly.

Once the discovery phase is over, your attorney may also offer to settle out of court with the defendant. If the evidence is strongly in your favor, the defendant’s attorney will have no problems attempting to negotiate a settlement. If, however, the defendant refuses the settlement amount, going to trial is the next step.