If you or a loved one is having health problems that could be linked to talcum powder products and are thinking about filing a lawsuit against the manufacturer, you could be wondering how long a case like that takes.
You or your loved one may have been diagnosed with mesothelioma, ovarian cancer, or another type of condition linked to the use of baby or talcum powder. Talcum powder lawsuits go through a few stages before they are completed, and there are a few different factors that determine how long your case will take.
What are the Stages of a Talcum Powder Lawsuit?
In general, the different stages of a talcum powder lawsuit are:
- You, the Plaintiff, and your Long Island, New York attorney will file a complaint with the court. Thus begins the personal injury lawsuit, and, in normal talcum powder cases, the complaint will be filed against the manufacturer or Defendant.
- The defendant will have time to answer your complaint
- Discovery begins. This involves you and the defendant exchanging information such as medical records, and other evidence through written questions called interrogatories, and/or through depositions and requests for documents.
- Pre-Trial Motions are filed. Both you and the defendant will file pre-trial motions in an attempt to get the judge to allow or not allow certain pieces of evidence, or to dismiss some or all of the other side’s arguments.
- The trial is held and both you and the defendant present your evidence and arguments before a judge or a jury. Then a decision is made as to whether the defendant can be held responsible for your health problems, and if so, what the monetary compensation should be.
What Factors May Extend How Long My Talcum Powder Case Takes?
In most cases, a talcum powder lawsuit relies on the area of law called product liability. This is when the plaintiff wants to hold the manufacturer of a product responsible for their health problems caused by the manufacturer’s defective and/or dangerous product.
Product liability cases are quite complex, and many issues must be handled and dealt with including the New York statute of limitations, the filing deadline about your symptoms, and stacks of medical records that must be gone through.
This means that your New York talcum powder lawsuit may take longer than other types of personal injury cases. The court’s calendar can also have an effect on how long your case takes.
Can My Talcum Powder Case Settle?
Your talcum powder case could settle at any time. It’s not unusual for your Long Island, New York personal injury attorney to send a demand letter to the defendant soon after the complaint has been filed with the court.
A demand letter lays out in detail your medical condition caused by the use of talcum powder, and it will ask for a specific dollar amount to compensate you for the harm the product caused you.
This demand letter could start serious settlement talks between your New York personal injury attorney and the defendant. If a settlement is reached, your court case will be dismissed.
Is Any Part of the Timeline for a Talcum Powder Case Up to Me?
If the defendant offers you a settlement early in your case, you will end up with cash sooner rather than later. However, taking an early settlement offer may be shortchanging yourself and you may not receive the full amount of monetary compensation you deserve.
If you or a loved one has contracted cancer due to prolonged use of talcum powder, you should contact the personal injury attorneys at The Falkowitz Law Firm on Long Island, New York.
They have the knowledge and experience to best advise you of what steps you can take to receive all the monetary compensation you deserve.