Visit us anytime at https://www.asbestosclaims.law/. The Rulebook: What is Discovery?
The sooner the truth comes out, the sooner everyone can go home.
Therefore, discovery, which is basically an information exchange process, might be the most important phase of a civil lawsuit.
Why does discovery matter in asbestos injury claims?
Discovery is more than an information exchange. It’s basically an equalizer.
Large asbestos companies have unlimited financial resources.
With their deep pockets, it’s easy for them to bury important evidence which could lead to compensation for victims and, more importantly, the truth of the matter.
How Legal Discovery revealed the truth about asbestos.
In the case of asbestos, asbestos companies denied for decades that their product could hurt people.
But when injured workers started suing, many company documents came out during the discovery process.
These corporate documents showed that the asbestos industry knew that asbestos caused breathing problems and even cancer.
Today, e-discovery is much more common.
Electronic discovery is controversial, mostly because it’s very expensive for both defendants and victim/plaintiffs.
If an injured person files an asbestos lawsuit, there is usually a discovery process.
Basically, there are three phases in a civil lawsuit, at least in most cases: procedural motions, discovery, and mediation.
Discovery takes place before an actual trial.
After victim/plaintiffs file their complaints, asbestos and other defendants usually file procedural motions, seeking to throw the plaintiff’s case out of court.
Basically, these motions assert that, no matter what evidence the victim/plaintiff uncovers during discovery, there’s no way the defendant could possibly lose.
Judges only grant these motions in extreme cases.
A fundamental rule of American law is that everyone deserves a day in court.
Most lawsuits resolve with a settlement out of court, often during the discovery phase.
Types of Discovery
Usually, the civil lawsuit information exchange process involves some combination of medical, oral, and written discovery.
Medical discovery could be a medical examination.
Defendants usually have the right to demand victims undergo a separate medical examination.
An asbestos lawyer can object to such a request on various grounds.
Expert testimony in lawsuits
More frequently, medical discovery involves an expert witness.
The doctor doesn’t examine the victim. Instead, the doctor examines the medical records and interprets these records.
Different states have different rules as to who qualifies as an “expert witness.” Usually, the witness must have high credentials and the expert’s opinions must be generally accepted in the scientific community.
What are depositions?
Depositions are written questions that each party asks the other during the discovery process.
Technically, a deposition by written questions is part of written discovery.
Document exchanges are even more common.
These document exchanges might be as simple as trading paystubs or, more likely, as complex as the aforementioned document dumps.
The bottom line is that, in most cases, discovery is the key to determining the facts and also obtaining maximum compensation for serious injuries.
We hope this information helps you. If you have any more questions or concerns about asbestos exposure, asbestos law, asbestos claims, or anything else asbestos-related, call us anytime or visit us at our website at http://www.AsbestosClaims.law
