Asbestos & Mesothelioma Law Blog
Usually, cases that involve legal and factual issues require depositions. Because mesothelioma cases involve such matters, they require depositions. For most people, the topic of depositions is one they do not understand quite well. Even if you have experienced a deposition in another setting, you might find a mesothelioma deposition different. This article shares some basics on mesothelioma depositions.
What is a Mesothelioma Deposition?
When a case involves legal and factual issues, all named parties have the right to conduct a formal investigation to find out more. Discovery comes in many forms, one of the most common being depositions. A deposition involves taking an oral statement of a plaintiff or witness before trial, under oath. Therefore, a mesothelioma deposition generally consists of taking a verbal statement of the patient and people with knowledge about how the patient developed their illness.
A mesothelioma deposition is a crucial part of a successful mesothelioma claim. As such, if you are planning to file a mesothelioma claim, it is vital that you learn everything you can about depositions before you file your claim. An experienced mesothelioma attorney can help you with this. An attorney can even help you prepare for your deposition.
The Mesothelioma Deposition Process
It is crucial to note that a mesothelioma deposition does not take place in court. Usually, depositions happen at the office of one of the attorneys involved in the case. A mesothelioma deposition can also take place in a conference room. Since the onset of COVID-19, Courts have recognized the fragile health condition of a mesothelioma victim and have allowed depositions to be taken remotely by telephone. The deposition generally is taken at the victim’s residence.
The following are the people who are usually present either in person or telephonically on the day of a deposition:
- The plaintiff or witness
- The plaintiff’s attorney and the defendant’s attorney
- An individual qualified to administer oaths
- An individual to take down the questions and answers
If, for example, it is your turn to be deposed as the plaintiff, the defendant’s attorney is the one who is going to ask you questions.
A deposition may be recorded, but a plaintiff or witness will be told in advance if there will be a recording.
Tips for Giving a Good Deposition
Although you cannot control everything, there are some things you can do to ensure you have a good deposition. Below are some tips to help you give a good mesothelioma deposition:
- If you cannot remember something, avoid guessing. For example, if you cannot remember precisely when asbestos exposure happened, don’t make a guess. If you can make a reasonable estimate, you are free to do so but remember to make it clear that it is an estimate.
- Answer the questions asked without giving additional information
- Avoid irony in response to questions
- Listen to your attorney
- Arrive at your deposition well-rested
Who May be Called as a Witness?
Anyone with information relevant to a particular mesothelioma case can be deposed. This includes:
- Your family members
- Your friends
- Your co-workers
- Your physician
Usually, witnesses are notified about the deposition and allowed to have a say in when the deposition takes place.
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 pay for your medical treatment to help you and your family live a more comfortable life.