It’s difficult to predict if your talcum powder lawsuit will go to trial or settle. The Jeffcoat Firm in Columbia has put together this handy guide about possible timelines for your talcum powder lawsuit.
What Are the Stages of A Talcum Powder Lawsuit?
In general, a talcum powder lawsuit goes through the following steps:
- You, the plaintiff, will file a civil complaint in the court: This complaint starts your personal injury lawsuit. It tells about your case and the claims you have against the talcum powder manufacturer (the defendant).
The defendant will then file an answer to your complaint.
- Discovery begins: Discovery is the phase of a lawsuit in which you and the defendant will exchange information such as medical records, and any other evidence through a series of written questions which are called interrogatories, and sworn testimony commonly referred to as a deposition. There will also be document requests between you and the defendant.
- Pre-Trial Motions: Both you and the defendant will file motions. Hearings will be held in front of the judge. You and the defendant will attempt to get the judge to allow or dismiss certain pieces of evidence or to dismiss all or part of your or the defendant’s arguments.
- Trial: If your case goes to trial, you and the defendant will both lay out their arguments in front of a jury or the judge. The jury or the judge will then decide whether the defendant should be held responsible for your health problems and other losses associated with your use of the talcum powder product and monetary compensation will be decided upon and awarded.
Keep in mind, that your case may settle out of court, and a trial may not be necessary.
What Could Extend the Timeline of My Talcum Powder Case?
In most talcum powder cases, we rely on the legal concept of product liability where you try to hold the manufacturer of a product responsible for your health problems that were caused by an unreasonably dangerous and defective product.
These cases can be extremely complex, and there may be issues that need to be solved at the beginning, such as the appropriate statute of limitations filing deadline, medical records that need to be obtained and read, and expert witness testimony to be obtained by both you and the defendant.
In some cases, the items mentioned above may take longer than in a less complicated lawsuit. This is especially true when it comes to pre-trial motions and discovery.
Additionally, the court’s calendar could also have an impact on the timeline of your case. If the court’s calendar is jam-packed, it could push your hearing and trial date back by weeks or even months.
Is the Timeline Partly Up to Me?
You are one of the most significant variables in how long your talcum powder lawsuit may take. For example, if the defendant offers a settlement early in the process, you may be tempted to take it and pocket some fast cash.
However, this isn’t a good idea most o the time, especially if some things are unknown such as:
- A complete diagnosis of your health problems as a result of your talcum powder usage.
- You may not have a full picture of what your medical treatment looks like
Do I Need An Attorney for My Talcum Powder Lawsuit?
The talcum powder attorneys at The Jeffcoat Firm in Columbia, South Carolina, recommend that you hire an attorney to handle this extremely complex litigation. We have the knowledge and skill necessary to guide you through this process.
We can explain the pros and cons of accepting a settlement because once you receive a settlement, you can’t go back to the defendant and ask for more money.
For more information and a free evaluation of your talcum powder case, contact The Jeffcoat Firm in Columbia, South Carolina today.