Asbestos & Mesothelioma Law Blog
In a mesothelioma lawsuit, giving a deposition is one of the most vital parts of the case. Unfortunately, many people involved in mesothelioma lawsuits do not understand depositions. If you have filed or are planning to file a mesothelioma lawsuit, it is crucial that you learn about depositions. Here is what you need to know about mesothelioma depositions.
What is a Mesothelioma Deposition?
A deposition, which is part of the discovery phase of a lawsuit, is a form of pre-trial sworn testimony involving attorneys asking questions to witnesses who are relevant to the case. So, a mesothelioma deposition is a pre-trial testimony involving attorneys asking questions to people with knowledge about how the claimant developed mesothelioma. Such people include the victim/plaintiff, family members, doctors, friends, and co-workers. Depositions are taken outside the courtroom, for example, at an attorney’s office. Mesothelioma depositions can even happen in the victim’s home if they are too sick to travel.
Usually, depositions are recorded by a court reporter and may also be videotaped. In mesothelioma cases, especially in cases where the claimant’s health may deteriorate before trial. In this modern era, depositions can be conducted remotely via video conferencing platforms like Zoom. Still, even in such cases, the deponent (the person being deposed) remains sworn under oath, and whatever they say carries the same legal weight as testimony given in person.
The duration of a deposition varies from case to case, but it can range from an hour to an entire day if the case is complex.
What Is the Purpose of a Mesothelioma Deposition?
Because mesothelioma can progress quickly, depositions are often scheduled early in the case to preserve the victim’s firsthand account. If the patient cannot testify later at trial due to their illness, their testimony can be a key piece of evidence. It can help establish their history of asbestos exposure and confirm their diagnosis. Depositions also allow attorneys to evaluate how reliable and trustworthy witnesses may be before presenting them in court.
Questions Asked During a Mesothelioma Deposition
During a mesothelioma deposition, attorneys ask questions to gather information about the asbestos exposure, diagnosis, and how the illness has impacted the claimant’s life. Questions are usually designed in such a way as to establish a clear picture of the plaintiff’s work history, exposure, timeline, and damages.
Tips for a Successful Deposition
Here are a few tips to keep in mind as you await your mesothelioma deposition;
- Be Honest: Always tell the truth, since there may be penalties if caught lying. Also, remember the attorney probably already knows the answers to the questions.
- Don’t Guess: If unsure about something, do not speculate or guess. It is acceptable to respond with “I don’t know” or “I am not sure.”
- Take Your Time: Do not rush to answer questions. Pause and think before responding.
- Don’t Overshare: Only answer the question posed and don’t volunteer additional information.
- An Attorney Is Your Best Resource: Take time to prepare for your deposition with the help of an attorney.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you.