Anyone harmed by firefighting foam has the burden of providing enough evidence to convince a jury of his or her claims. But most plaintiffs do not begin lawsuits already having the evidence needed to make a strong case.
If you’re ready to take legal action to win compensation, how will your lawyer obtain the necessary evidence for your firefoam lawsuit? The attorneys at Rueb Stoller Daniel take a look.
Medical and Financial Records for Your Firefoam Lawsuit
The first thing that a personal injury attorney will need to know is what evidence you have. We will talk with you about your medical problems from exposure to firefighting foam.
As an example, AFFF firefighting foam has been linked to several types of cancer. So you may have seen oncologists and other medical doctors about your condition. We may start by reviewing the medical records you have.
This is a great way to not only start building a case but to obtain other evidence. For instance, we can learn where you were treated and who treated you. Your medical doctor may later provide witness testimony, another form of evidence, to help your firefoam lawsuit.
Pay and word records are also examples of evidence you possess already. If you’re sick, it means you’re getting treatments, recovering from treatments, and otherwise missing work. These lost wages are something you can seek reimbursement for. So we would request copies of any evidence you have related to these losses.
What About the Evidence the Other Side Has?
Besides the victim, there are other individuals, companies, and entities that may have valuable evidence. How will your lawyer get ahold of this information?
This is where the process of discovery comes in. It is the formal requesting and exchanging of relevant evidence in a civil lawsuit, such as the ones involving firefighting foam. All parties involved in the lawsuit can send discovery requests to each other to obtain evidence related to the case.
Discovery is complicated, subject to court oversight and timetables, and controlled by a lengthy set of rules. But it is absolutely critical to making a strong case for firefighting foam damages. Your attorney will acquire evidence by using several important discovery tools.
To show how this works, consider the evidence that may be in possession of the company that manufactured the firefighting foam that harmed you. Your lawyer may use the following methods to obtain this evidence.
These are written requests for information. The questions must be answered under oath by the responding party. A victim may ask a manufacturer for the identities of individuals who have knowledge about the dangers of firefoam.
Requests for Documents
One party in a lawsuit may request certain relevant documents from another. For example, a victim may seek internal corporate records from the firefighting foam manufacturer to learn what the company knew and when.
Requests for Admission
With these requests, one party presents to another a statement and asks the party to admit or deny it. This tool can save time by avoiding unnecessary fact-finding over matters the parties agree on. A victim may ask the manufacturer to admit, for instance, that it sold and distributed firefighting foam containing certain chemicals.
During a deposition, a witness provides oral testimony and is cross-examined under oath. Deposition testimony is usually recorded or written down and later admitted as evidence in court. Executives, scientists, and others working for manufacturers may be deposed to learn what the company knew about the dangers of firefoam.
We Are Ready to Build a Case for Your Firefoam Lawsuit
Compelling evidence is key to winning the compensation that firefighting foam victims deserve for their injuries. The lawyers of Rueb Stoller Daniel will use numerous means to get the proof we need to substantiate your claims. Get in touch with us today to begin working on your firefoam lawsuit.