The Discovery Process in Mesothelioma Lawsuits

Though every mesothelioma lawsuit is different, attorneys follow a standard process to ensure the best possible outcome.  One of the most important phases of litigation is discovery. This pre-trial period involves the gathering and exchange of information between all parties. A thorough discovery process can make all the difference in whether your case settles out of court or proceeds to trial.

Understanding the Discovery Process

Discovery represents the formal method by which opposing parties in litigation gather information and evidence from each other before trial. The fundamental goal is to prevent surprises from coming up during the trial. Discovery ensures that both sides know what witnesses and evidence the other intends to present.[1] In mesothelioma lawsuits, discovery often uncovers important evidence, including that manufacturers named as defendants knew about asbestos dangers long before providing warnings to workers or consumers.

In mesothelioma cases, discovery serves several critical purposes:

• It allows your attorney to gather documentation proving asbestos exposure and manufacturers’ knowledge of health risks
• It helps defendants understand the strength of your evidence regarding exposure, diagnosis, and damages
• It enables both parties to assess case strengths and weaknesses, often leading to settlement negotiations
• It narrows disputed issues by identifying facts on which both sides agree
• It creates a foundation for expert witness testimony by establishing the factual framework of your case

Your asbestos exposure likely occurred decades ago, across multiple job sites or products, and may require extensive investigation to establish causation and liability. This complexity is why discovery in mesothelioma and asbestos claims is usually much more intensive than that of simpler personal injury cases.

How Courts Manage Discovery in Asbestos Cases

Shortly after you file your mesothelioma lawsuit, the court typically schedules a discovery conference where attorneys from both sides appear before the judge. This conference establishes the framework for information exchange throughout the litigation.

During the discovery conference, the court addresses several important items:[2]

• Identifying which issues require investigation and evidence gathering
• Creating a timeline and schedule for completing various discovery activities
• Establishing reasonable limitations on discovery requests to prevent abuse
• Determining procedures for handling confidential or proprietary information
• Addressing any special considerations, given the medical nature of your case and your health status

Following this conference, the court issues an order covering the agreed-upon discovery procedures for your case. This order ensures that information exchange is efficient manner and protects both parties’ interests.

Methods of Discovery in Mesothelioma Litigation

There are several tools used for gathering information during discovery. Each serves a specific purpose in building a victim’s mesothelioma claim.

Depositions

During a deposition, a person answers questions under oath while a court reporter creates a written transcript of what they say. Many depositions are also videotaped. In mesothelioma cases, there are usually depositions of multiple individuals, including:

• You, the plaintiff. You will answer detailed questions about your work history, exposure circumstances, medical condition, and how mesothelioma has affected your life.
• Your family members may be deposed about your employment, habits, and the disease’s impact on your household and their lives.
• Former coworkers and supervisors may provide testimony about workplace conditions and asbestos-containing materials present at job sites.
• The doctors treating you will likely be deposed regarding your diagnosis, treatment, and prognosis
• Expert witnesses retained by both sides will be questioned about their qualifications, methodologies, and opinions

Depositions typically occur at a lawyer’s office rather than in a courtroom. Your attorney will be present during your deposition and will object to any improper questions. The asbestos companies’ defense attorneys attend depositions of their witnesses.

Some depositions are over within a few hours, while others take multiple days to complete. This depends on the case, how complicated it is, and what the person being deposed is going to be asked about. In mesothelioma litigation involving exposure across several decades or at numerous job sites, depositions frequently require extended sessions.

When you’re deposed, you must answer truthfully, even if you believe your responses might weaken your case. You’re testifying under oath and face a penalty for perjury. It’s important to remember that if what you say in front of a jury contradicts what you said during your deposition, defense attorneys will use the inconsistencies to damage your credibility before the jury.

Interrogatories

Interrogatories are written questions that one party sends to another, requiring written responses under oath. Unlike depositions, where attorneys can ask spontaneous follow-up questions, interrogatories involve pre-composed questions that give the person being questioned time to consider and craft responses.

In mesothelioma cases, interrogatories commonly address topics such as:

• Complete employment history with dates, job titles, duties, and locations
• Detailed descriptions of where and how asbestos exposure occurred
• Identification of specific products, equipment, or materials you believe contained asbestos
• Names and contact information for witnesses who can corroborate your exposure
• Medical history, including diagnoses, treatments, and healthcare providers
• Family history of cancer or asbestos-related diseases
• Smoking history and other potential health factors
• Financial losses, including medical expenses, lost income, and reduced earning capacity

People typically have thirty days to respond to interrogatories, though courts may adjust this timeframe. Your attorney will work with you to prepare accurate, complete answers that support your case while avoiding statements that the asbestos companies’ attorneys can use against you.

Requests for Production of Documents

Document production requests ask parties to provide specific records, files, or other tangible evidence having to do with the lawsuit. In mesothelioma litigation, document requests often produce massive volumes of materials, especially from the defendants.[2]

You may be asked to produce:

• Employment records, pay stubs, and tax returns
• Medical records, test results, and imaging studies
• Correspondence with employers regarding workplace safety
• Photographs of job sites or equipment you worked with
• Military service records if your exposure occurred during armed forces duty

Meanwhile, your attorney will request documents from the defendants that may include:

• Product specifications and safety data sheets for asbestos-containing materials
• Internal company communications regarding asbestos health hazards
• Marketing materials and product literature from relevant time periods
• Research studies conducted or received by manufacturers
• Records of warning labels or safety instructions provided with products
• Corporate meeting minutes discussing asbestos risks or regulatory compliance

Historically, these document exchanges have proven to be especially important in mesothelioma cases. Many have uncovered irrefutable evidence that companies understood asbestos dangers long before they informed workers or the public. Internal memos, scientific studies, and corporate communications discovered during lawsuits have shown that many manufacturers knew asbestos caused serious disease as early as the 1930s but continued producing dangerous products without adequate warnings.

Both sides generally have thirty days to comply with document production requests, though complex requests may require longer timeframes. Analyzing large document productions demands a significant amount of time and effort from your legal team, which is why experienced mesothelioma attorneys invest significant resources in thorough discovery.

Requests for Admission

Requests for admission ask the opposing party to admit or deny specific factual statements or the authenticity of particular documents. These requests help streamline litigation by identifying uncontested facts, allowing trials to focus on issues that are disputed.

In mesothelioma cases, admission requests might ask defendants to:

• Admit that certain products contained asbestos during specific time periods
• Acknowledge that particular worksites or facilities used asbestos-containing materials
• Confirm the authenticity of internal documents produced during discovery
• Admit that company officials received reports about asbestos health risks

Similarly, defendants may ask you to admit or deny facts about your work history, medical treatment, or exposure circumstances.

Admission requests need to be responded to within thirty days. If you don’t respond, whatever has been requested is typically considered to be admitted by the court, and this can potentially harm your case. By the same token, if defendants refuse to admit facts that are later proven true during a trial, courts can impose sanctions for forcing unnecessary litigation.

Physical and Mental Examinations

Defendants in mesothelioma cases sometimes request that you undergo a medical examination by a physician whom they select. This allows them to obtain an independent medical opinion about your diagnosis, prognosis, and the extent of your injuries.

While you generally must cooperate with reasonable examination requests, your attorney can negotiate the scope and conditions of these examinations to protect your interests. Courts typically approve defense medical examinations given that your health condition is central to your damages claim.

Subpoenas for Non-Party Records

Both sides can issue subpoenas requiring third parties to produce documents or testify. In mesothelioma litigation, subpoenas frequently target:

• Employers who might have records about workplace conditions or safety programs
• Medical facilities holding treatment records or pathology reports
• Government agencies with documentation about asbestos use or workplace inspections
• Industry organizations that published safety guidelines or conducted research

Subpoenas allow parties to obtain information from entities that aren’t direct parties to the lawsuit but possess relevant evidence.

What to Expect During Discovery in Your Mesothelioma Case

The discovery phase in mesothelioma lawsuits typically lasts for several months, though complex cases involving multiple defendants or extensive work histories may require a year or more.

Biographical Information

Be prepared for detailed, sometimes personally invasive questions about many aspects of your life. While this may feel uncomfortable, it’s essential for establishing the full extent of your exposure and injuries.

Defendants will usually ask detailed questions about:

• Every job you’ve held, including part-time work, summer employment, and military service
• What specific tasks you performed, and materials you handled, at each position
• Whether you witnessed coworkers using asbestos products
• Safety equipment and protective measures provided by employers
• Your hobbies and activities outside work that might have involved asbestos exposure
• Your complete medical history, including conditions unrelated to mesothelioma
• Your lifestyle choices, particularly tobacco use
• Your family history of cancer and other diseases
• The financial impact of your illness on you and your family

These questions aren’t asked to blame you for your disease or to minimize the defendants’ responsibility for your illness. Rather, defense attorneys are looking to find any possible alternative explanation for your mesothelioma or to argue that your exposure was insufficient to cause your disease.

Contacting Family Members and Associates

Don’t be surprised if defense attorneys also reach out to your family members, former coworkers, and others who know you. They may be asked about your work activities, health history, or the impact of your illness.

Your lawyer will prepare your family members and other key witnesses for potential contact from the defense, explaining what types of questions they might face and how to respond.

Lengthy Timeline Considerations

Discovery generally runs under rules and deadlines established by the court, but some things can extend the process:

• Scheduling conflicts between multiple attorneys and witnesses
• Time needed to locate and review decades-old employment or product records
• Disputes over document requests or deposition questions that require resolution from the court
• The need for follow-up discovery after reviewing information that’s been received
• Your health, which may lead to changes in the schedule or how depositions are conducted

Your attorney will keep you informed about progress and any delays. While extensions to the timeline can be frustrating, thorough discovery can make a real difference in the strength of your case and increase the likelihood of a favorable settlement or trial outcome.

Major Discoveries That Have Shaped Mesothelioma Litigation

Documents uncovered during discovery in asbestos cases have fundamentally changed the public’s understanding of what companies knew about asbestos and have led to substantial verdicts and settlements for victims.

Corporate Knowledge and Concealment

Perhaps the most damaging discoveries in mesothelioma litigation have been internal company documents proving that manufacturers knew asbestos caused serious disease decades before warning workers or consumers. Evidence has shown that companies possessed scientific research that linked asbestos to lung disease and cancer as early as the 1930s. Despite this, they continued aggressively marketing their products without adequate safety warnings.[3]

Internal memos have revealed that corporate executives discussed strategies to keep negative research findings quiet, to delay regulatory action, and to minimize public awareness of health risks linked to the mineral. These documents demonstrate a conscious choice to prioritize profits over human safety and have led to punitive damages being included in many mesothelioma verdicts.

Product-Specific Evidence

Discovery frequently identifies the specific asbestos-containing products responsible for a mesothelioma victim’s exposure. Documents have traced mesothelioma cases to specific brands of insulation, ceiling tiles, floor tiles, automotive parts, industrial equipment, and even consumer products.

Evidence regarding consumer products has proven especially significant. Document production has revealed that talcum powder products used for personal hygiene were contaminated with asbestos, exposing users who never worked in high-risk industries. These discoveries have generated substantial litigation and heightened public awareness of non-occupational exposure risks.[4]

Occupational and Secondary Exposure Documentation

Discovery materials often establish both direct occupational exposure and secondary exposure affecting family members. Documents have shown that workers in manufacturing, construction, shipyards, refineries, and power plants faced extremely high asbestos fiber concentrations while performing routine duties and that family members developed mesothelioma from exposure to asbestos dust workers brought home on their clothing, hair, and skin. The discovery of company knowledge about these secondary exposure risks has expanded liability beyond direct workplace exposure.

Awareness of Safer Alternatives

Document production has frequently revealed that companies knew of safer substitute materials but chose to continue using asbestos because it was cheaper. Evidence showing that these alternatives existed undermines defense arguments that asbestos use was necessary or unavoidable given available technology at the time.

Industry-Wide Failure to Warn

Discovery across multiple cases has exposed coordinated efforts among asbestos manufacturers to downplay health risks and oppose regulatory restrictions. Documents have shown that industry groups worked collectively to challenge scientific findings, lobby against safety regulations, and maintain public confidence in asbestos products despite mounting evidence of their dangers. These patterns of industry-wide conduct support claims against multiple defendants and establish that inadequate warnings resulted from deliberate choices rather than an innocent lack of knowledge.[3]

How Discovery Influences Case Outcomes

The information gathered during discovery profoundly impacts how mesothelioma cases resolve.

Settlement Negotiations

Many mesothelioma lawsuits settle during or shortly after discovery concludes. Once both sides have reviewed the evidence, they can realistically assess their chances at trial. Strong discovery evidence proving corporate knowledge of asbestos dangers and clear documentation of your exposure typically leads to defendants proposing substantial settlement offers rather than risking a jury’s decision and negative publicity.

Conversely, if discovery reveals weaknesses in your case—such as difficulty proving which products caused your exposure or evidence suggesting alternative causes of your disease—your attorney may advise accepting reasonable settlement offers rather than proceeding to trial and an uncertain decision from a jury.

Trial Preparation

Cases that don’t settle during or after discovery move forward to trial armed with the evidence and witness testimony collected through the process. Your attorney will use this material to support a compelling narrative for the jury, while the attorneys for the defendants will do the same to try to defeat your claim.

Because both sides know what evidence and witnesses the opposition will present, there are generally few surprises in court. This allows focused, efficient trials that address genuinely disputed issues rather than unexpected revelations.

Sanctions for Discovery Abuses

Courts expect parties to cooperate with legitimate discovery requests and impose sanctions on those who don’t comply. If you or the defendants in your case destroy evidence, provide false discovery responses, or refuse to answer proper questions, courts may:[1]

• Instruct juries to assume that destroyed evidence was unfavorable to the party that destroyed it
• Prohibit parties from presenting evidence they failed to disclose during discovery
• Dismiss claims or defenses as punishment for serious discovery violations
• Award attorney fees and costs to the party harmed by discovery misconduct

These potential sanctions make it clear that cooperating with discovery and providing complete, truthful responses to all proper requests is essential.

Protecting Your Interests During Discovery

While you must respond honestly to legitimate discovery requests, there are important limits to what defendants can demand.

Objecting to Improper Requests

Your attorney can object to requests that are overly burdensome, that involve privileged information, or that demand materials that have no reasonable connection to the issues in your case. If defendants make unreasonably broad document requests or ask questions designed to harass rather than to gather legitimate information, your attorney will file an objection and may ask the court to rule that you don’t have to comply with these requests.

Common objections in mesothelioma cases involve requests for:

• Medical records unrelated to your asbestos disease
• Financial information beyond what’s necessary to calculate damages
• Private communications with your attorneys
• Documents that would reveal your attorney’s litigation strategy

Courts evaluate these objections and determine whether defendants have a legitimate need for the information they’ve requested or whether their demands go beyond proper discovery boundaries.

Attorney Work Product Protection

Information reflecting your attorney’s thought processes, case analysis, legal theories, and litigation strategies generally doesn’t have to be provided. This “work product” protection ensures that each side can prepare its case without revealing its approach to the opposition.

Your conversations with your attorney are confidential and will remain so due to the attorney-client privilege. This also protects your private communications from being disclosed.

Working Effectively with Your Legal Team During Discovery

Being cooperative and honest throughout the discovery process can significantly impact the success of your case.

Provide Complete Information

Give your attorney thorough details about your work history, even if you’re not sure whether some jobs involved asbestos exposure. Include every employer, job site, and position you’ve held, along with descriptions of your duties and the materials you handled. If you served in the military, provide information about your branch, duties, vessels, bases, and units.

The more complete the information you provide from the start, the better your attorney can investigate your exposure and request relevant documents from defendants.

Be Truthful in All Responses

Never exaggerate, conceal information, or provide inaccurate answers during discovery. Even if you believe certain facts might harm your case, being honest is essential. Inconsistencies between your discovery responses and trial testimony hurt your credibility and can even result in your case being dismissed.

If you don’t remember specific details, say so rather than guessing. Your lawyer can often fill gaps through document research, witness interviews, and expert testimony.

Prepare Thoroughly for Depositions

Your attorney will meet with you before your deposition to explain the process and review all the questions they anticipate. Take this preparation seriously and ask questions about anything you don’t understand. Listen carefully to each question, pause before answering, and only respond to what was actually asked rather than volunteering additional information. If you don’t understand a question, ask for clarification, and if you don’t know the answer, say so rather than speculating.

Collect and Organize Documents

Gather any documents you have that relate to your case—employment records, medical bills, pay stubs, photographs, or correspondence—and provide them to your attorney as soon as possible. The easier you make it for your lawyer, the more efficiently discovery in your case will proceed.

Maintain Open Communication

Inform your attorney about any changes in your health, new medical treatments, or developments that might affect your case. Also, make sure they know about any contacts from defense attorneys or investigators attempting to speak with you outside your lawyer’s presence.

Moving Forward After Discovery

Once discovery is completed, your attorney will have the understanding they need to evaluate the strength or weakness of your claim and will use this knowledge to provide you with a realistic assessment of its value and your likelihood of success at trial. Strong discovery evidence often prompts serious settlement talks, but if the asbestos defendants refuse offers despite compelling evidence of their liability, your case will proceed to trial, where the gathered discovery evidence will form the foundation for your presentation to the jury.

Discovery may feel invasive and stressful, but a thorough investigation process ensures that mesothelioma cases are decided based on complete evidence rather than incomplete information or surprises. The months invested in careful discovery typically yield favorable results, whether through substantial settlements or successful trial verdicts that provide the compensation you deserve.