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A mesothelioma deposition is testimony provided by a mesothelioma patient or anyone with knowledge of plaintiff’s case to support an asbestos exposure claim. It is one of the most important supporting pieces of evidence in a mesothelioma lawsuit. It can take months or longer to reach a settlement or go to trial after providing a deposition.
Written by Joe Lahav, Esquire | Legally Reviewed By William A. Davis | Edited By Walter Pacheco | Last Update: May 13, 2024
During a mesothelioma deposition, a plaintiff provides testimony under oath about their history of asbestos exposure and their medical diagnosis.
Depositions are held privately and can be recorded in a lawyer’s office or the plaintiff’s home. Depositions often are videotaped so that they may be more easily used as evidence in the event the claim goes to trial, although most mesothelioma lawsuits are settled out of court without the need for a trial.
Depositions also are provided by people with knowledge of the plaintiff’s case. In mesothelioma lawsuits, these other people may be family members, friends or former co-workers who can validate that the plaintiff was exposed to asbestos. Doctors may also serve as witnesses to validate the mesothelioma diagnosis.
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Your mesothelioma lawyer will guide you and help you prepare for the deposition. Your attorney will explain in advance the types of questions that opposing counsel likely will ask about your work history and your exposure to asbestos.
Be sure to review all relevant information so you feel prepared to answer any question. Your lawyer will provide you with the information you need to review prior to the deposition.
Getting a good night’s rest will help you avoid fatigue during the deposition.
Take all the time you need to answer a question. It’s OK to take time between questions to ease your mind. Ask for a question to be repeated or asked another way if you don’t understand it.
Answer questions directly, and don’t offer additional information. If you think an answer might benefit from further context, keep in mind that your attorney generally can ask you additional questions later to clear up potential areas of confusion.
If you don’t know the answer to a question, don’t feel pressured to guess or agree to something you’re unsure of.
Maintain a professional composure. Do not argue over a question and avoid humor and sarcasm.
It is completely normal to feel nervous during a deposition. Your nerves may quickly settle once you answer a few questions.
An experienced attorney is aware that it’s completely normal for plaintiffs to feel nervous about appearing at a deposition. They will make sure you feel comfortable with the process.
Depositions occur during the discovery phase of the lawsuit process, which comes after several legal steps that include:
In some cases, depositions may involve answering questions from multiple defendants. In California, courts ruled in July 2021 that mesothelioma plaintiffs can’t be subjected to lengthy depositions no matter how many defendants are listed in the claim.
After giving a deposition, the discovery phase continues with research and interrogatories (a form of written questions requiring sworn answers) from both sides. Your lawyer will handle all aspects of the discovery phase, including gathering evidence to support your claim and responding to interrogatories from defendants.
Once your attorney prepares your answers, a copy of the questions and answers will usually be sent to you by your mesothelioma law firm for signing. You may have to sign a statement that all answers are true and correct.
Because damaging information often arises in plaintiff and witness depositions, many defendants may choose to settle before going to trial.
Most mesothelioma patients have medical bills to pay, and they wonder how long it takes to get a settlement after giving a deposition.
It could take several months or longer to reach a settlement after giving a deposition. Your lawyer can provide guidance on how long it might take to settle your specific case.
Your attorney will ask questions about your medical history, work history, the people you worked with and the financial loss you’ve endured because of mesothelioma.
An important part of your deposition will involve answering questions about identifying people who can support your claim. These people may include friends, family, former co-workers, and the doctors who diagnosed your mesothelioma.
Getting familiar with these kinds of questions will help you feel prepared and ready for the deposition. Be honest with your attorney about any concerns you have so they can help you address them. With the right support, your deposition will go smoothly, and your attorney will handle the rest.
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Lahav, J. (2024, May 13). Mesothelioma & Asbestos Deposition. Asbestos.com. Retrieved November 4, 2024, from https://www.asbestos.com/mesothelioma-lawyer/lawsuit/deposition/
Lahav, Joe. "Mesothelioma & Asbestos Deposition." Asbestos.com, 13 May 2024, https://www.asbestos.com/mesothelioma-lawyer/lawsuit/deposition/.
Lahav, Joe. "Mesothelioma & Asbestos Deposition." Asbestos.com. Last modified May 13, 2024. https://www.asbestos.com/mesothelioma-lawyer/lawsuit/deposition/.
A mesothelioma lawyer who specializes in asbestos litigation reviewed the content on this page to ensure it is legally accurate.
Please read our editorial guidelines to learn more about our content creation and review process.
William A. Davis is an attorney specializing in complex commercial litigation, with an emphasis in health care disputes, at a firm he founded in Washington, D.C. He also serves as senior counsel at The Peterson Firm.
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