Forensic, General & Medical
Expert Witnesses

Articles by Expert Witnesses


Role of an Infectious Disease Expert Witness in Food Poisoning Case

Provided by HG.org
Many food poisoning cases require the assistance and expertise of an expert witness to understand the actual cause and severity of the contamination that affects and injures those that consume the food. An infectious disease consultant may provide details similar to those that work for the Centers for Disease Control that may take center stage in some food poisoning cases.
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Logistics and Distribution Are More Complicated Than You Think

Provided by: Rosemary Coates
Global supply chains are complicated and involve relationships between multiple supply chain partners. Each relationship requires some kind of agreement or contract between the parties that is often the source of conflict that result in law suits.

How Hard Is It to Beat the S&P 500?

The majority managers seeking to outperform the S&P 500 fail. However, there is a way to improve the odds tremendously.

Utilities Expert Witness after Accidents Caused by Buried Power Lines

Provided by HG.org
When there are various issues on the road that require additional explanation or a clearing up of confusion, it is important to hire an expert witness. When the case material involves buried power lines, a utilities expert is generally the professional that is able to discuss and detail what happened and why awarding damages is important.

Using an Optometry Expert Witness in ADA Claims

Provided by HG.org
There are certain cases where an optometry expert witness may assist with a case such as low vision, near blindness and when the person requires a special type of prescription that could necessitate a claim with the Americans with Disabilities Act. In these cases, the expert must prove that his or her testimony should remain included.

Railroad Expert Witness in Pedestrian Train Accident Cases

Provided by HG.org
When a pedestrian suffers harm through a train intersection or at a rail crossing, a railroad expert witness may need to explain the situation and how the individual was not expected to know a train was coming. In these claims, the expert may need to provide examples and signs from the crossing and how the rail manufacturer failed with equipment warning the person.

Finance Expert Witnesses in Securities Fraud Cases

Provided by HG.org
Securities cases that involve fraud are complex and difficult to understand unless the individual has a background in these financial matters, so hiring a finance expert witness is often necessary to explain and detail the criminal aspect and why conviction or a legal remedy is important. Seeking either justice or compensation is one task of the finance professional.

Making Objections during an Expert Witness’ Deposition

Provided by HG.org
It is crucial for both the lawyer and the expert witness to understand the objections that could occur during the deposition period. While the opposing lawyer may need this time to object to various issues with the professional, the opposing legal team may also reflect and prepare to counter the objections to keeping the expert witness in the case.

Disclosures by Expert Witnesses Help Avoid Exclusion of Testimony

Provided by HG.org
It is possible during the disclosure period that the expert witness’ testimony may face exclusion resulting in the opinions not being heard in the courtroom. This could lead to the dismissal of the expert witness if the legal team and expert do not follow the Federal Rules of Civil Procedure. Avoiding exclusion is crucial for the testimony to remain in the case.

Examination Tips for Expert Witnesses

Provided by HG.org
There are numerous tips that an expert witness may use to help with examinations, and many of them revolve around the questions and how to answer best with cross-examination. Understanding the question given is crucial to giving the answer that best defines the information and removes confusion from the courtroom.

Avoiding Disqualification of Expert Witnesses from Conflict of Interest

Provided by HG.org
It is often a conflict of interest that causes problems that may even lead up to the disqualification of the expert witness in numerous cases. Avoiding these circumstances and remaining on the case or claim is vital for the professional to assist the lawyer and explain the subject matter to the courtroom to alleviate confusion.

Handwriting Expert Witnesses - Are They Allowed in Federal Cases?

Provided by HG.org
Handwriting experts may have difficulty with admissible testimony in certain cases unless the professional remains in line with the Rule 702 for Federal Rules of Evidence. Any deviation or sidetrack from these rules could lead to the exclusion of an expert’s testimony regarding handwriting samples and examination of the writer.

How to Collect a Diminished Value Check from the At-Fault Parties Insurance Company!

Lawyers and Judges in Harris County courts are starting to recognize Diminished Value as claim warranted of pursuing if you are the innocent party involved in an auto accident that was not your fault. Your vehicle will lose value, but how much will it lose?

Excluding an Expert Witness

Provided by HG.org
It is possible to increase the success of a trial for criminal cases or with civil claims by excluding a witness that has little relevance or who uses unreliable testing methods. By excluding the witness’ testimony, the opposing legal team is able to remove any connection of that specific professional from the case and increase strategy implementation.

Disqualifying an Expert Witness during the Voir Dire Process

Provided by HG.org
To remove an expert witness during the initial states of a case, it is important to validly disqualify him or her within voir dire with objections or motions filed by the opposing lawyer early. This process often requires specific knowledge of reliable testing methods as applied to various pieces of evidence or knowing if the expert is a relevant professional for the field of study.

Motions for a Daubert Challenge of an Expert Witness

Provided by HG.org
It is important to succeed in a Daubert challenge when the expert witness may face disqualification and knowing what types of motions are possible may increase the possibility of a positive outcome to the challenge. It is essential to first identify when the challenge will happen and when the opposing legal team deems it necessary for the case.

Defending Against a Daubert Challenge - Strategies for Expert Witnesses

Provided by HG.org
A Daubert challenge is one that could lead to the disqualification of the expert witness based on unreliable testing methods or results or a lack of relevance to the subject material of a case. If the professional is able to succeed in the challenge, it is often due to various tips or strategies implemented to provide him or her support and success.

Disclosure of Facts or Data Considered by Expert Witnesses

Provided by HG.org
There are certain files that the expert witness must have in order to do his or her job of testing materials, reviewing certain details and forming an opinion based on facts. The disclosure of facts or data within the case is often something the judge must order the company or person to provide if the entity or individual does not feel it is necessary.

Retainer Agreements Provide Details of Services for Expert Witness

Provided by HG.org
The retainer agreement that an expert witness negotiates with the lawyer that hires him or her is the contractual document that provides the details for the services, expenses and other items the professional will experience for the case. The information in the paperwork is crucial to provide income to the expert and reimburse him or her for all costs related to the case.

Testimony Preparations for Expert Witnesses

Provided by HG.org
Before an expert witness presents testimony in the courtroom, he or she will need to prepare by completing various steps beforehand that give him or her the edge necessary to engage the courtroom judge or jury. Knowing these steps may help the professional accomplish his or her goals in informing the court of the necessary subject matter.

Confidentiality and Discretion of an Expert Witnesses to Avoid Conflicts of Interest

Provided by HG.org
Avoiding a conflict of interest is critical to remain a designated expert witness on a case and prevent disqualification from the judge which may remove the testimony possible. By following certain tips and removing access to reports, information and testimony, the professional may increase the possibility of staying on the case when presenting reliable testing and relevant information.

Objections Raised by Opposing Counsel against Expert Witnesses

Provided by HG.org
When an expert witness becomes part of the legal proceedings in a courtroom, there are certain objections to his or her testimony, testing methods or results and any relevance he or she has within the case with the subject matter. Voicing these objections is critical for the opposing legal team to ensure a fair and reasonable criminal or civil case.

Conflicts of Interest When Expert Witnesses Switch Sides

Provided by HG.org
There are certain issues with an expert witness switching from one legal team to another, and many of these involve the conflict of interest where the professional may have knowledge of the details or strategy the other side may have. Disqualifying the expert for engaging in this activity is often something the judge will consider based on the specific case.

What Happens If Your Expert Witness Is Disqualified?

Provided by HG.org
No matter how qualified the expert witness appears for a certain case, disqualification happens in more than half of the cases depending on either criminal or civil processes. When the profession is no longer a designated expert witness, it is still possible to keep him or her to help find and assess a new expert witness to help the case.

Voir Dire of an Expert Witness

Provided by HG.org
Qualifying an expert witness for a case is normally a complex matter that may require understanding the subject matter, the reliability of testing methods and the credentials the professional possesses. However, the voir dire of an expert witness for any case or claim generally is a preliminary step where later objections do not initially arise.

Vetting an Expert Witness

Provided by HG.org
Vetting an expert witness is imperative for the legal team to ensure that the opposing legal counsel is not successful in a challenge with reliability and relevance to the case subject matter. Vetting generally requires understanding and looking into the expert's background, finding discrepancies in credentials, and matching the expert with the case or claim.

Exposure Pathways - Standards for Expert Witness Opinions

Provided by HG.org
Expert witness opinions about various subjects are important to understand and proceed with knowledge and caution about dangers, complications and problems that may occur currently or in the future. With exposure pathways, it is essential to understand the standards that experts explain through opinions based on fact and the situation.

Public Interest Concerns of Disqualifying an Expert Witness

Provided by HG.org
Some high profile or special interest cases expose concerns over disqualifying an expert witness based on various aspects of the professional and the circumstances of the case. There are some claims where the professional has a conflict of interest that may cause disqualification even in light of public interest concerns with the expert witness.

Congress Considers 401(k) Changes

The Retirement Enhancement and Savings Act (RESA) is a bi-partisan legislative proposal designed to encourage the growth of retirement savings plans among small businesses and the workers they employ.

Taking Advantage of the Law Firm Search Engine Optimization You Already Performed

Provided by: DataFlurry
You have had a website online for quite a while now, spent time and money promoting the authority and value of your website. However, you likely have a massive amount of hidden value that you are not utilizing which can easily gain you more traffic and website inquiries for your legal services.

Contract Provisions for Expert Witness Agreements

Provided by HG.org
The various provisions in the expert witness contract usually deal with the compensation a professional will receive, the statement of services and comprehensive details of which items the expert will receive payment for with the case. These contracts retain the services of the professional for the specific claim or case and a new one is generally necessary for a different case.

What Does an Accident Reconstruction Expert Witness Do?

Provided by HG.org
Expert witnesses that reconstruct an accident generally start with the evidence, factors of the case and other elements that help them understand the incident to recreate it through a timeline and for each action that occurred. By accomplishing this goal, the expert witness is able to explain to the judge or jury panel what happened and how.

Do You Need an Expert Witness?

Provided by HG.org
The decision to hire an expert witness generally depends on the subject material of the case and how involved the matter is that could confuse the judge or panel of jury members. The more confusing or complicated the information, the greater the need to hire a professional exists, and this may lead to seeking the right fit for the claim.

Using an Expert Witness in an Arbitration

Provided by HG.org
Arbitration processes are generally similar to litigation but with significant differences that set these procedures apart to include the use of lawyers and binding or nonbinding conclusions. Arbitration is a formal method of resolving conflict before a third party that may require the services of an expert to explain complicated material just as in a civil suit.

Common Objections to Expert Witnesses in Federal Trials

Provided by HG.org
Expert witnesses face objections through both criminal and civil cases, and sometimes these professionals lose the challenge which leads to disqualification. However, some objections are for specific matters such as deposition issues, legal analysis and factual information connected to the case in a federal court.

What Police Expert Witnesses May Testify About

Provided by HG.org
Police expert witnesses in the courtroom usually are capable of providing testimony about a number of issues, but the topics they are able to discuss are limited to experience and educational background to remain reliable and relevant to the subject matter. Knowing the limitations is important for the lawyer and the officer hired for this job.

Family Medicine Expert Witnesses - Scope of Testimony

Provided by HG.org
Family medical expert witnesses generally are able to testify about certain matters pertaining to the patients, conditions and administrivia details connected to the healthcare matters of the family or specific person. Any subject outside of medicine or related-subject matter is generally not relevant to the background of the expert.

Expenses Included in Expert Witness Contracts

Provided by HG.org
Contracts between the lawyer and the expert witness have provisions for expenses and payment that the professional will acquire through his or her services for the claim or case in court. Some of these are for travel while others cover out-of-pocket costs such as testing, copying papers and developing pictures that increase the overall expense of the experience.

Damages Assessments by Expert Witnesses

Provided by HG.org
Damages assessments of the injury and all involved factors generally require calculations and multiplication agents that apply to the specific situation along with the severity and degree of harm. How the expert applies these numbers must remain fair and reasonable, so the judge or jury panel will accept a similar number for the plaintiff.

Working with a First-Time Expert Witness

Provided by HG.org
A first-time expert witness may require additional training and tips for best practices in the courtroom and testing to ensure a better experience and help to the client and lawyer. Through following these best practices, it is possible to increase the efficiency and productivity of the professional to strengthen the case and confidence in his or her abilities.

Expert Witness Training and Mentoring

Provided by HG.org
Experts often go through specialized training to become a witness in the courtroom with credentials that will pass the interview process before the judge and opposing legal counsel. The mentoring and training the professional progresses through generally happens with another expert in the same field who may introduce the person to the legal side.

Who Can Serve as a Mentor for Expert Witnesses?

Provided by HG.org
There are certain professionals that may act as a mentor or trainer for an expert witness, and these individuals often help the person through preparing testimony and working through various testing methods to make ready for the courtroom. Some mentors have a place in the claim or case to explain the qualifications of the expert and why he or she uses certain processes.

What Is an Expert Witness Retention Contract?

Provided by HG.org
Retaining an expert witness for a case is not as simple as hiring him or her for the testing of evidence or presentation of evidence in the courtroom, and the proposition requires a contract for services. Many items contained in the contract have provisions for payment, services rendered and how the expert may or may not work with the claim or case.

Multi-Employer Pension Funds May Run out of Money by 2025

More than 10 million workers who rely on pension programs from multiemployer plans may lose pension benefits in only seven years, according to a recent report from the Pension Benefit Guarantee Corporation (PBGC).

ERISA Litigation over 401(k) Plans Has Fiduciaries Pushing Back

ERISA litigation surged in 2016 and 2017, reports Bloomberg’s Bureau of National Affairs, with more than 50 litigation matters related to 401(k) plans filed with federal courts in each of those years.

Key Objections to Challenge Opposing Party’s Expert Witness

Provided by HG.org
When an expert witness has an involvement in a court case, the opposing legal team may need to challenge his or her testimony or qualifications to either remove him or her or to ensure that he or she should remain on the case. However, there are certain key objections that the opposing legal team may raise during the interview process.

Field of Expertise of an Expert Witness - How to Establish

Provided by HG.org
The field of expertise is important for any testifying witness, but it is crucial to ensure the reliability of the subject matter from an expert witness that will testify about the subject in his or her background. To ensure that the reliability exists, there are certain qualifications that the professional must present and an interview he or she must pass.

When Is Expert Witness Testimony Admissible?

Provided by HG.org
Ensuring that the testimony from an expert witness is admissible is of the utmost importance when the professional becomes part of the proceedings, and this is generally only possible if the expert passes the qualifications interview. Other rules regarding the admissibility of testimony exist and may apply depending on the type of case.

Best Maintenance Practices Reduce Risk at Commercial Properties

Those of us who own or operate commercial properties (office, retail, apartment communities, industrial buildings, etc.) know that there is a direct correlation between proper maintenance procedures and the risk of physical injury. In other words, poor maintenance practices increase the likelihood that someone will be injured on our properties. Good maintenance reduces that risk.

Teacher Pensions Focus of Strikes in Multiple States

Teachers in Kentucky, West Virginia, and Oklahoma have been vocal in their demands for improvements in teacher pensions, salary levels, and educational budgets in recent months. Arizona teachers stayed away from schools at the end of April, despite an offer by Governor Doug Ducey for a 20 percent salary increase by school year 2020 coupled with increased educational funding levels.


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