Articles by Expert Witnesses

Expert testimony about fatigued driving generally revolves around the different health problems a person may have while behind the wheel and becoming tired or exhausted to the point of falling asleep. Others may have additional stress, are driving after a long day or become fatigued through different problems that may arise to possibly cause an accident.

Did you know that OSHA plays a very important role in nearly every restaurant and bar industry lawsuit and insurance claim? Well, it most certainly does, and it doesn’t matter if the person that got injured, harmed, sickened, maimed or killed was an employee or a customer of the subject establishment.

Did you know that restaurants are more likely to experience workplace violence than any other industry in America? In this article we will help you find out why restaurants are so prone to violence, what leads to violence, the practical steps to help make restaurants safe, and the insider information that you need when dealing with one of these legal matters.

When there are violations incurred with the state insurance claims either for the company or against it, these matters may require the services of an insurance expert witness to unravel the confusion and explain the necessary and relevant details. The expert hired for someone suing the company will need to review the matter carefully and determine how best to proceed with testimony.

Stock option controversies often arise through the devaluation or tampering of the stock options given to the employees as a way to increase income over time as the company grows. However, it often takes an expert witness to explain these matters and demonstrate the problems that exist and that decrease the value so that stock options are nearly worthless.

The U.S. Treasury Department recently approved pension benefit reductions for two pension funds, the Western States Office and Professional Employees Pension Fund (“Western States”) of Portland, Ore., and the Ironworkers Local 16 Pension Fund (“Ironworkers”) of Towson, Md.

Drug charges often require an expert to analyze the data, understand the full elements of the case and explain these issues to the courtroom for a better awareness of each factor. Without an expert to assess a blood or urine sample, the results may remain unverified which may assist in releasing a guilty party without the necessary conviction he or she may incur.

The U.S. Court of Appeals for the Ninth Circuit issued a July 24th opinion in the case Munro vs. University of Southern California, Case No: 17-55550 (9th Cir. 2018)* concerning the scope of arbitration clauses in employment contracts and . . .

Crane accidents generally occur when an operator is unaware of certain issues based on a lack of warning labels or when the instructions do not include various problems or defects that could exist. An expert witness may need to explain these matters in the courtroom to clarify the claim and how it affects the injured party.

Some expert witnesses will need class certification for class action lawsuits or when using specific and specialized knowledge for various cases that demand certification for the subject matter. Some professionals work with larger cases that encompass multiple or dozens of plaintiffs against a company that increases the standards the expert is put to within the claim.

Construction materials used in a product’s creation may contain certain harmful chemicals, and an expert witness may need to provide testimony against the manufacturer or construction company when a person or employee sustains injury from the resource used. The professional hired for these claims may also need to express to the courtroom why formaldehyde was in the materials.

Date Rape Drugs: Psychiatry, Pharmacology and Law

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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 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.

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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.