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Articles by Expert Witnesses

How an Expert Witness Explains Why Road Construction Causes Road Incidents

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Road construction zones are often dangerous to drivers on interstates, highways and freeways. The rate of higher speeds and more vehicles is greater in these areas than on regular roads or smaller highways.

Expert Witness Explains Electrical Accidents and Incident Reconstruction

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Electrical accidents often require reconstruction of the incident so that the judge or members of the jury understand what occurred during the accident. This also means that an expert witness is needed to detail how the injuries affect the victim.

Expert Witness Describes What Damage an Infestation of Insects Causes

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Infestation of insects is often one of the worst possible problems with real estate that a homeowner discovers.

DOL Seeks Comment on President’s Proposal to Postpone Fiduciary Rule

The Department of Labor’s (“DOL”) new fiduciary rule was set to take effect on April 10, 2017. However, in a Memorandum to the Secretary of Labor on February 3, 2017, the President proposed delaying the applicability date by 60 days.

Communicating Successfully with Expert Witnesses

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Communication is the key to all successful relationships, and this is best seen with business and legal contacts. Court cases move fast in certain situations, and greater chances of a positive outcome of the case often rests on how best communication is achieved between all parties involved.

Expert Witness Reports: Skillfully Avoiding the Pitfalls

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The use of an expert witness is often a matter of a successful or disastrous outcome in a court case.

Expert Witness: Abusive Head Trauma

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Abusive head trauma is a serious injury where the brain is impacted through pressure and force. These injuries usually occur through abuse to a child who is still developing, and it is also called shaken baby syndrome.

The Problems Facing Expert Witness Testimony and How to Avoid Them

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Expert witnesses can make or break a case. Strong expert witness testimony can strengthen a case and provide credibility to it. However, weak expert witness testimony can undermine a case. Recognizing problems that are commonly associated with expert witness testimony and how to get around them can help lawyers better prepare cases for court.

Expert Witness: Business Owner Conflicts with Shareholders

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Conflicts between business owners and shareholders are not uncommon. The duties and direction between these two groups are often opposing. These conflicts are often more pronounced when dealing with smaller businesses. These businesses may not have as extensive oversight as publicly-traded companies do. Recognizing the adverse nature between the parties can provide an expert witness with the background to explain the conflict to a judge or jury.

Expert Witness and Breach of Contract Problems

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Expert witnesses may be retained for various legal issues. One such issue is when there is a breach of contract.

How the “Fairness in Class Action Litigation Act” May Affect Expert Witnesses

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A class action lawsuit occurs when multiple persons have been injured in some way. They are often lumped together for evidence and compensation purposes so that the responsible party may be held accountable for the actions that caused the incident. These often take years to complete with extensive material, proof and documentation.

Expert Witness Explains Building Codes in Slip and Fall Cases

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Getting the building and safety codes correct in any case is vital. When the expert cites or reports the wrong codes for a litigation case, the credibility and reliability of testimony is reduced in the eyes of a judge or jury panel. This means that the case is not as strong and the chances of success are lessened.

Information that an Expert Witness May Explain in Sport Concussion Cases

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Concussion injuries are common when someone plays sports. Because of this, there are many litigation cases that arise through accidents and unintentional harm. It is often important to seek the assistance of both a personal injury lawyer and an expert witness to explain how sport concussions affect the victim of the incident.

How Expert Witnesses Are Tapped for Immigration Cases

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Immigration cases are often complicated when there are multiple factors or enough elements to cause a success for either side to be uncertain. Various immigration issues stem from those seeking asylum in the United States when they cannot remain in their own country.

How an Expert Witness Uses Biomechanics Knowledge in Seatbelt Defect Cases

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Personal injury claims usually must have the elements of the case include proof that the defending party’s actions caused the incident. This makes the individual responsible for the damages owed. In order to refute this, the alleged person uses his or her lawyer to assist in showing that he or she could not be accountable due to a lack of evidence.

Six Ways to Cross-Sell Your Firm's Services

Many law firms that offer a multiplicity of practice areas often have difficulty cross-selling these disparate services to their roster of clients.

Expert Witness on the Serious Consequences of Inhaling Mold during Career or in Home

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When mold is prevalent in a home or in a business setting, it may lead to serious health consequences. This substance may be a concern that started with a construction defect, through the upkeep or maintenance of a landlord or landlady or when repairs are completed.

Expert Witness: How to Properly Plan for Wills and Estates to Avoid Contest

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Planning for the future when death is inevitable is often fraught with complications when there are family members that may contest the last will and testament of the deceased.

Expert Witness Testimony: When Police Brutality Occurs

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Police brutality is being increasingly noticed throughout the country through the use of electronic surveillance equipment and the rise of the smartphone. With a camera and a video recorder at the touch of a fingertip, anyone is able to record almost any incident that may transpire.

Expert Witness Explains the Harmful Effects of Carbon Monoxide Poisoning and How to Recover Damages

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Carbon monoxide may lead to poisoning, injury and death when someone has been exposed to too much of the gas. It is colorless and odorless, so it cannot be see or smelled but it may be see in smoke. However, because it weighs less than oxygen, it spreads quickly.

Expert Witness Uses Formulas to Evaluate Lost Profits

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There are times when a company loses profits through an incident caused by an individual. This often leads to injury to the company or someone specifics that either owns the business or works inside.

Expert Witness: How Can an Expert Identify Construction Defects?

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When there is a need for a construction expert that must be used as a witness in a court case, he or she should have extensive knowledge and experience in the construction world. This means that all aspects of accidents, injury, defects and similar concerns regarding construction should be understood better than the average person.

Expert Witness: How Brain Death Affects Personal Injury Claims

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Personal injury claims are difficult enough with an experienced and knowledgeable lawyer, but when the victim of the incident becomes brain dead, the problems multiply. Many are unsure what to do next, how this affects the case and what may be needed due to these severe consequences.

Expert Witness: What Does a Child Custody Expert Witness Do?

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Child custody cases are often plagued with complications, arguments and conflict on both sides. When both parties vie for the custody of the child or children affected by the dissolution of the relationship, both family lawyers and expert witnesses are usually needed to settle the disputes.

Expert Witness: Lifelong Consequences of Child Abuse

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Child abuse is often a lifelong concern once it has been suffered through the abuses by an adult or other child. Most often, when a youth suffers from these malignant experiences, he or she is harmed by someone he or she loves.

Expert Witness Explains Alcohol Consumption and Impact on Driving

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When someone drinks before or during a drive, his or her blood alcohol level tends to rise. It is when it is above the legal limit of .08 percent that the person may be expecting a driving under the influence violation when pulled over.

How Does an Expert Witness Help with Business Valuation?

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Setting up procedures that are used to determine and estimate the financial value of the interest of a business owned by a person is business valuation. It is used for the market and what may be used as a starting point in pricing for the sale of a company.

How an Expert Witness Evaluates Economic Damages

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When an expert witness or professional is needed to evaluate economic damages, he or she has experience through several years in business valuation, assessments of markets and economic analysis that is needed for various reasons.

When a Handwriting Analysis Expert Witness Is Needed

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Some cases have documentation that requires verification through handwriting analysis. This means an expert is needed for analyzing the handwriting of an individual for certain factors of an incident. This may be observed through a kidnapping where a note was left. To determine who may have abducted the person, if there is a criminal in a database with a signature or handwriting on file, this may assist in apprehending the perpetrator of the crime.

Lost Profits: An Expert Witness' Calculations

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The wrongful actions of a defending party are what cause the plaintiff to seek economic damages when he or she has suffered. This recovery of monetary compensation is usually calculated by a forensic accounting or business valuation professional with extensive field experience in calculating these damages to if the case is successful compensation may be awarded in a reasonable amount for the factors considered in the judgment.

Expert Witness on Testamentary Capacity

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Experts are often needed when a will must be analyzed either before or after the person has died. Testamentary capacity is regarded as the legal and mental ability of a person to create or change a valid will.

Forensic Biomechanics - The Science of Injury Causation

Human injury is complicated. If we lived our lives inside a protective bubble then, one day experienced an incident, it may be relatively simple to ascribe any injuries to the traumatic event. But that is typically not the case.

How Does an Expert Witness Evaluate Ligament Injuries in Car Accidents?

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Damage to the ligament is common when a car accident occurs. When an expert witness is needed for the case, this professional must determine how to evaluate the injury of the ligament and how it applies to the case.

Expert Witness: Common Factors that Contribute to Truck Accidents

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Truck accidents are among the general vehicular incidents on the road that lead to property damage, injury and death. When a truck collides with a smaller or less equipped car, the truck usually is damaged less, and those inside the bigger vehicle tend to have fewer injuries.

Disability Claim Benefit Rules Updated by Department of Labor

The U.S. Department of Labor has revised its procedures for disability benefit claims that fall under the Employee Retirement Income Security Act (ERISA). The amended rules will apply to all claims for disability benefits filed on or after January 1, 2018.

Can an Expert Witness be Sued?

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In usual circumstances, an expert witness is provided immunity from lawsuit. This is due to an immunity doctrine established by the United States Supreme Court in 1983.

Accident Analysis - Top Reasons for Automotive Accidents

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There have been many studies of automotive accidents and why these issues occur over time. There are many reasons for these incidents, but only about ten of them explain how a person becomes harmed in the event of an accident and why.

“Day and Date” Release Patterns: What is Video-on-Demand's (VOD) Impact on the Distribution Timeline?

Provided by: Kathryn Arnold
Release windows in content distribution are still a challenge for the exhibitor, distributor and filmmaker alike. The exhibitor wants exclusivity in the theatre for as long as possible so they can earn as much revenue before other platforms claim their share of the pie.

John Steinbeck's Son Breached Contract Over Talks Over "Grapes Of Wrath"

Provided by: Kathryn Arnold
When Thomas Steinbeck, the eldest son of Nobel Prize-winning fiction author John Steinbeck, died at the age of 72 in August 2016, he left behind a bitter family dispute that occupied more than three decades of his life.

Google Reviews Are Critical to Local Visibility and Act as Online Word of Mouth

Provided by: Consultwebs
An Overview of Local Search Results Local results currently include three map listings that appear in results for certain search terms. These results, when they are shown, appear under the four paid ads from Google AdWords. Where this layout used to differ between desktop and mobile devices, it is now consistent for both.

Accounting – Why and When a Forensic Accountant Is Needed

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Forensic accounting is a specialized form of accounting that is conducted by an expert in a particular field. It can be used in many applications and consists of a wide array of activities. The forensic accountant may testify in court as an expert witness.

Banking Expert Witness Advice on Lending Industry Standards Helpful in Factoring Litigation

Provided by: Don Coker
Factoring is a financing method that companies use in order to raise working capital by selling the company’s accounts receivable to a financial institution or other factoring source.

How to Effectively Question an Expert Witness

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When an expert witness has been obtained for a trial or case, he or she is questioned about his or her expertise. This knowledge of the relevant material is often invaluable to the case involved with the witness.

Insurance Expert Witness: What Exactly Is Med Pay?

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When questions and concerns about medical insurance arise, an insurance expert witness may be needed to strengthen the case.

Navigating Standard Expert Witness Challenges

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Standards were set for expert testimony to be provided and admissible for court in the case of Daubert. After this, the challenges associated with testimony provided by expert witnesses are known as the Daubert Trilogy.

Medical Expert Witness How a Traumatic Brain Injury Changes Your Life

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Traumatic brain injuries affect victims in severe and serious ways even when the initial injury is mild, moderate, severe and life-threatening.

Discovery Matters with Non-Testifying Expert Witnesses

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While there are many experts hired for a case used within the walls of a courtroom, there are some that have been retained to provide assistance or details about the subject of the case that deals with a specific field of expertise.

Trends in ERISA Fiduciary Litigation

ERISA class action lawsuits alleging high plan administration fees dominated industry news in late 2015 and continuing through 2016. Many recently filed cases question excessive fees, the use of stable value funds, non-traditional funds, and target date funds, among other issues.

Multiemployer Pension Fund Remains at Risk, Says PBGC

The multiemployer pension plan program administered by the Pension Benefit Guaranty Corporation (“PBGC”) may run out of funds to pay benefits by 2025, according to the agency’s Fiscal Year 2016 Annual Report.

How Does an Architectural Expert Witness Find a Building Defective?

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When there is a possible case where a building has been erected with defective areas or designs, it may be necessary to hire an architectural expert witness to assist with the proceedings.

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