If you’re filing a mesothelioma lawsuit, giving a deposition will be an important part of the legal process. A deposition is pre-trial testimony that is given under oath by plaintiffs and witnesses. Your deposition is essential to establishing the facts around your asbestos exposure and your medical diagnosis and can potentially lead to a favorable settlement without the need for trial.
What is a Deposition?
A deposition is a formal pre-trial testimony where witnesses answer questions under oath about facts and events relevant to a case.[1] Though you may imagine giving testimony in a courtroom setting like you’ve seen on television or in the movies, depositions typically take place in a more private setting, such as an attorney’s office. In the case of mesothelioma lawsuits, it can even take place in the victim’s home if they are too ill to travel. There are generally several people who attend a deposition, starting with the person being deposed (the deponent), your lawyer and the lawyers representing all the companies or defendants named in your filing, a person qualified to administer oaths, and usually a stenographer who records the entire proceeding.[1]
Depositions serve multiple purposes in the legal process. They allow attorneys to gather information directly from witnesses and preserve testimony from individuals who might not be available during trial. They also help the attorney assess the credibility of all the witnesses they are considering using before they appear in court. When it comes to mesothelioma cases, depositions are most important in helping establish the victim’s history of asbestos exposure and confirming their medical diagnosis.
Every deposition is different, but it usually follows the same general order. An attorney will ask the witness being deposed a series of questions and a transcript will be created, recording what is asked and answered. These sessions can be recorded via video, which happens frequently in mesothelioma cases where the plaintiff’s health may deteriorate before trial.[2] The length of a deposition can vary significantly, ranging from under an hour to a full day depending on the complexity of the case and the witness’s role.
Modern technology has changed how depositions are conducted: Many depositions are now conducted remotely via video conferencing platforms like Zoom. Still, regardless of the setting, the witness giving the deposition testimony remains sworn under oath and what they say in a digital meeting carries the same legal weight as testimony provided in person.[2]
When Does a Mesothelioma Deposition Take Place?
Mesothelioma depositions occur during what is known as the discovery phase of the lawsuit process. This process follows several important steps:[3]
- Preparation: Before your lawsuit is filed, your mesothelioma attorney will gather as much information as possible about your diagnosis and how you were exposed to asbestos. Whether you suffered occupational exposure, secondary exposure to a family member, exposure to contaminated talc, or another source, this is essential for identifying which companies should be named in your claim, as well as where to file your claim.
- Filing: Your lawyer will file a written complaint with the appropriate court within the statute of limitations, which is the deadline you have for filing a claim. The statute of limitations can change depending on whether you are filing a personal injury claim on your own behalf or a wrongful death claim on behalf of a deceased loved one.
- Responses: Each of the defendants named in your lawsuit will receive a copy of your complaint. They typically have 30 days to respond.
- Discovery: This is when depositions take place, along with other information-gathering activities. During this phase, lawyers on both sides collect evidence, ask questions, and conduct depositions. The discovery process can take several months to complete.
- Settlement: Before a trial begins, the companies you’ve named as defendants may offer to settle the case. This means they will propose compensating you with a specific amount of money in exchange for the case not going to court. A settlement offer is often the beginning of a negotiation. Your attorney will guide you through this process.
- Trial: Going to trial is rare in mesothelioma lawsuits because most are settled out of court, but sometimes a trial is necessary.
The timing of a deposition is very important to how a case will resolve: They are conducted after initial pleadings but before settlement negotiations become serious, as the strength of a witness’s testimony can have a big influence on whether a company wants the details to be heard by a jury. Each witness’s deposition is scheduled with consideration for their availability and, in the case of mesothelioma patients, their health condition. Attorneys will work around your medical appointments and physical limitations.
Why is a Deposition Important to a Mesothelioma Lawsuit?
Depositions are very important in mesothelioma cases for several reasons:
- Establishing Exposure History: Mesothelioma has a long latency period: It usually takes between 40 and 50 years after exposure to asbestos for the disease to make itself known. This is why it’s so crucial to document when and where asbestos exposure occurred. Through depositions, mesothelioma victims can provide detailed testimony about their work history, the specific products they worked with, and the conditions of their workplace.
- Preserving Testimony: Given the deadly nature of mesothelioma and its disabling impact on patient health, getting testimony on record early in the legal process is essential. Video-recorded depositions ensure that a plaintiff’s testimony is available, even if their condition prevents them from attending a trial.
- Building Evidence Against Multiple Defendants: Mesothelioma cases almost always involve multiple defendants, as victims may have been exposed to asbestos through various products or at different workplaces over the course of their careers. Depositions help identify all potentially responsible parties and establish each defendant’s role in the plaintiff’s exposure.
- Encouraging Settlements: Very often, the information that a mesothelioma victim provides during a deposition leads the named asbestos companies to offer settlements rather than proceed to trial. When deposition testimony clearly establishes a defendant’s liability, they may prefer to settle to avoid the potential for a sympathetic jury awarding a larger amount of compensation or punitive damages at trial.
- Corroborating Claims: Depositions from family members, co-workers, and medical professionals help corroborate the plaintiff’s claims regarding exposure and diagnosis. This supporting testimony strengthens the overall case.
- Assessing Witness Credibility: Both sides use depositions to evaluate how witnesses might appear to a jury. This assessment influences strategic decisions about whether to settle or proceed to trial.
When it comes to filing a mesothelioma lawsuit, the importance of the deposition to the success of a claim cannot be overstated. Depositions often provide the foundation of the case and ensure that the testimony and evidence needed to prove liability and secure compensation for victims and their families have been documented.
How Do I Prepare for My Deposition?
It’s natural to be nervous about your deposition testimony, which is why it’s so important to prepare thoroughly. Here are key guidelines to help you:[4]
- Work Closely with Your Attorney: Your mesothelioma lawyer and their staff will guide you through the preparation process. They’ll explain the types of questions you can expect, review your work history and medical records with you so that you’re clear on the facts, and conduct practice sessions to help you feel more comfortable.
- Review Relevant Information: Take some time to review all the information related to your case, including:
- Your complete work history, focusing on where you might have been exposed to asbestos
- The names of products you worked with that contained asbestos
- Names of co-workers who might have witnessed your exposure
- Your medical history, especially related to your diagnosis
- Rest Well Before the Deposition: Mesothelioma depositions can last for hours. Between the time they take and the emotions involved, they are physically exhausting for healthy people. Try to get a good night’s sleep the night before to help you maintain focus and energy throughout the process.
- Practice Proper Answering Techniques:
- Answer questions directly and truthfully.
- Keep your responses simple and to the point.
- Don’t volunteer additional information unless it’s necessary. A simple yes or no is often the best answer.
- Take your time to think before answering.
- If you don’t know or don’t remember something, say so—never guess.
- Ask for clarification if you don’t understand the question.
- Stay as calm and composed as you can.
- Avoid humor, sarcasm, or argumentative responses.
- Understand Common Questions: These are the types of questions mesothelioma victims are generally asked during their depositions:
- Questions about your job responsibilities with defendant companies
- Details about which asbestos products you used throughout your career
- Whether you knew the products you worked with were dangerous
- Information about your working conditions and whether your work area was ventilated
- Whether your employer provided you with protective safety gear
- The names of people who can support your claim
- Prepare for Emotional Moments: Discussing your mesothelioma diagnosis and its impact on your life can be emotionally challenging. Recognize that it’s normal to feel emotional and take breaks if you need to.
- Dress Appropriately: If you can, wear comfortable but professional attire that makes you feel confident.
- Remember Your Rights: You have the right to take breaks, ask for clarification, and consult with your attorney during breaks (though not while a question is pending).
Giving a deposition is intimidating. Most people have never been deposed before, and feeling anxious is normal. With proper preparation and the support of an experienced mesothelioma attorney, you can approach the process confidently, knowing you’re well-prepared to provide effective testimony.
Who Do I Speak with About Filing a Mesothelioma Lawsuit?
If you or a loved one has been diagnosed with mesothelioma, speaking with an experienced mesothelioma attorney should be your first step toward filing a lawsuit. These lawyers specialize in mesothelioma and asbestos litigation and are familiar with all of the complex medical and legal issues that are involved, as well as the different state laws that apply. They also have established relationships with asbestos experts across the country who can serve as expert witnesses in your case.
A mesothelioma lawsuit is both legally complex and emotionally and physically challenging. A mesothelioma attorney and their staff understand how devastating the illness is and will work to make sure you get the outcome that is most beneficial to you and your loved ones.
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