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Expert Witnesses

Articles by Expert Witnesses

Field of Expertise of an Expert Witness - How to Establish

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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?

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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.

Winning Strategies to Depose an Expert Witness

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In order for a lawyer to remove an expert witness from the case, he or she must understand the subject matter within the situation fully and know when the professional is not as knowledgeable or understanding. Some experts are not the proper individuals to present testimony in the courtroom, and it is the task of the lawyer to root out these potential imposters.

Expert Witness Uses Blackbox Data to Create Accident Reconstruction

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Whether the black box is in a smaller vehicle or in an airplane that encounters a collision or accident, the expert tasked with reconstructing the incident may use the item to determine more of what happened than without it. The expert witness in these cases may need to use various tools, equipment and enhancement methods to increase the viability of the data on the black box.

Properly Preparing an Expert Witness for Trial

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Expert witnesses possess varying degrees of knowledge and experience with the court process, and even those that have the necessary skills may need to prepare with the lawyer before the trial begins. By using certain techniques and tips, it is possible to ensure the expert witness has what he or she needs to properly present his or her opinion.

Forensic Investigations and Odors

Provided by: Gossman Forensics
Our sense of smell is alerted when molecules of a particular odorous substance travel into the nose. Receptor cells within the nasal cavity become stimulated and take hold of the odor molecules. The interaction generates electrical signals, which are shuttled to the brain by nerve cells. The brain perceives odors and often accesses memories to remind us about people, events and places associated with the sensations.

Expert Witness Explains Racial Predispositions for Eyewitness Testimony

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Certain racial predispositions could affect eyewitness testimony for cases where a person is facing criminal prosecution or civil litigation and a victim exists. An expert witness is often part of these claims or cases, and he or she may need to explain the predisposition and how it colors the testimony in either negative or false details.

Out-of-Network Disputes in ERISA Health Plans Resolved by Litigation

Rising healthcare costs, the increasing complexity of plan administration under state and federal rules, and differing interpretations regarding reimbursement rates are resulting in increased litigation. “Out of network” disputes are a prime example. These disputes are often between the institutional medical service provider, such as a hospital, and a health insurance company, a self-insured employer, or a third-party administrator.

Role of Expert Witnesses in Arson Cases

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An expert witness is often vital to a criminal or civil case, and his or her role in the investigation or testing may provide a better understanding of the situation and if the defendant is either liable or committed a crime. The important on expert witness testimony increases or decreases based on the claim or case and who is liable or responsible for the arson.

Social Worker As an Expert Witness

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Social workers have a vital role as expert witnesses in certain types of cases and using such professionals in the courtroom or behind the scenes is essential. The claims of domestic violence, child abuse, sexual assault or battery and issues with custody or guardianship are all important subjects that a social worker may become necessary.

Pediatric Cases and Expert Witnesses - Unique Factors

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There are certain unique factors within a pediatric case that involve either the child affected or the circumstances surrounding the case that need exposure. Some of these factors may center around the medical aspect while others have a greater concern about behavior patterns, and there are some situations that require a psychological evaluation.

Pretrial Role of Expert Witness Testimony

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The expert witness has several duties to perform before he or she will testify in the courtroom before a jury or a judge, and some of these duties involve the testimony review before the courtroom event. Some experts may need to create a report that the judge or opposing legal counsel will have access to before the trial starts.

How to Improve the Quality of Expert Witness Testimony

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Expert witness testimony is often crucial to enlightening a judge or jury of certain matters or removing confusion about a case or claim with numerous or confounding factors. There are several ways that improving the testimony may provide a better picture of the matter or increase the chances of success in either a criminal or civil case.

Expert Witness Testimony about Standard of Care in Med-Mal Cases

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Medical malpractice suits have a great connection with the standards of care as these are what incur violations when the physician is not performing to his or her best or engages in negligence. The claim generally requires the expertise or knowledge of an expert witness to provide additional details or remove confusion about the situation.

Quality Assurance and Quality Control in Evidence Collection and Laboratory Analysis

Provided by: Gossman Forensics
Evidence collection, handling, transportation and laboratory analysis in any fire and/or explosion plays a critical role in all aspects of an investigation and litigation. Ensuring the quality of evidence collected and analyzed in the laboratory is essential for origin and causation determination and also in litigation and case strategy.

"Reasonable Degree of Medical Certainty" in Expert Witness Testimony

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Medical certainty affects what possible surgical procedure, treatment or medication a person would receive for a condition the patient possesses that could harm him or her. However, these words do not necessarily define a standard or require certain reference materials for the medical expert within his or her field of study.

Financial Expert Witness Requirements for a Money Laundering Case

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A financial expert witness in a money laundering case may provide the best details and explanation of accounting and financial books for the prosecution in convicting the defendant of these criminal acts. However, for an expert to remain within the case, he or she must possess certain requirements in his or her credentials that prove he or she is up to the case.

Computer Forensic Expert Witness: Role and Duties

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The duties and roles of a computer forensic expert witness often revolve around a criminal investigation where a computer is part of the illegal activity. However, these same experts may also have a use in a civil litigation case, for hacking purposes and when a person commits a white-collar crime, and the expert may become invaluable in proving the activity behind the computer.

Challenging Expert Witness Testimony Bankruptcy Litigation

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Challenges to the testimony of an expert witness occur often when the opposing legal team wants to try to disqualify the expert for the case, and in bankruptcy litigation, this is often important for the company. However, the rules work primarily the same for each case where the expert must have relevance in the subject matter and reliability in testing methods.

Are Expert Witness Communications with a Lawyer Considered Attorney Work Product?

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Communications, drafting, reviews and expert reports may all consist of attorney work product, but this could depend on a few different factors and may affect lawyer and client privilege. Knowing what work product protections cover may help the those involved understand better everything that may remain safe between the professional confines.

Potential Positions by Expert Witnesses in Digital Pill Matter

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To tell the difference if a patient takes his or her medication is important for a doctor, but if the person experiences an injury or problem from a malfunction, an expert witness may need to weigh in on the matter in the courtroom. For litigation cases, the expert’s position on these situations is important for the judge or jury.

Role of Expert Witness in Dental Malpractice Cases

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Dental malpractice cases often involve negligence. This factor is difficult to prove in a lawsuit without the use of an expert witness or other corroborating evidence to point to the defendant as responsible for the injury. With the help of a professional in the claim against the dentist, it is possible to show the judge or jury that the patient has an entitlement of compensation for the incident.

Expert Witnesses Discuss Liability in Drone Accident Cases

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Drone accidents occur when the person flying the drone loses control or is not as responsible for the movements as he or she should ensure when the machine flies over a private or public space. When an incident occurs, an expert witness may need to discuss the liability matters with the courtroom, so the matter is better understood.

Expert Witness Testimony on Influencer Marketers

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Influencer marketers may cause problems with a select group of individuals where an expert witness’ testimony becomes important to unravel the confusing issues of the case. Through the expert witness, the issues with the form of marketing that only targets influential people may become clearer to the judge or jury.

Expert Witness Testimony on Defective Product Factors

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Defective products harm clients and customers alike and understanding the factors that lead to these incidents is important and also where the expert witness becomes invaluable in clearing up confusion and providing the necessary details. Through his or her testimony, it is possible to demonstrate to the courtroom why compensation is important and why the defendant is responsible.

Expert Witness Testimony Pertaining to #MeToo Allegations

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In the fall of 2017, a social media campaign swept the nation which forever changed the perspective on sexual harassment in the workplace. This viral campaign included the stories of countless individuals who shared their personal stories of sexual assault, harassment and other misconduct. The #MeToo campaign helped break the silence on this proliferate misconduct.

Expert Witnesses in Sexual Harassment Claims

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Expert witnesses can provide significant value in employment litigation, including in cases involving claims of sexual harassment. Expert witnesses in sexual harassment claims have different backgrounds and may provide different services. If you think that your case may be aided by an employment expert witness, be sure to contact an expert institute for assistance. You may prefer to vet several expert witnesses to find the right fit for your particular case.

Role of Expert Witnesses in Employment Law Matters

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Employment litigation is often complex. Expert witnesses are often put on retainer to assist with these types of cases. Understanding the role that these experts serve is important so that you can see if you need an expert in your case.

Autonomous Vehicle Deaths May Require Expert Witness Testimony

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Autonomous vehicles are relatively new inventions, and the law has not quite caught up with them. Autonomous vehicles may be self-driving without a driver behind the wheel. Others do have a driver for emergency purposes. Some rideshare apps have begun using these vehicles, and legal experts have opined as to who will bear the liability of such accidents.

Replacing an Expert Witness before Trial

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When there is a problem with an expert witness such as a conflict of interest or he or she loses qualification as a designated expert witness in the case, the professional’s replacement must occur. This could happen with the previous expert as a consultant to assist in discovering the next best fit for the case in the courtroom before the trial begins.

Medical Expert Witness in Insanity Plea Cases

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In insanity pleas, a medical expert witness may need to explain and discuss mental illness with the courtroom to remove doubt or confusion about the matter and how the brain’s effects may cause criminal activity. In usual circumstances, the expert’s knowledge of behavior and the brain may assist him or her in detailing what the illness causes and how it affects the individual.

Low Vision Expert Witnesses in ADA Cases

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The Americans with Disabilities Act may involve a person with low vision in a claim or case where an expert witness is necessary to help the courtroom understand why the person needs assistance. If the person faces discrimination, injury or a lac/k of benefits due to his or her condition, the expert may need to explain the matter through medical and disability details.

Expert Witnesses Clear Up Patent Eligibility Confusion

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Patent applications and processes are sometimes confusing and complicated situations with one person needing to hire an expert witness for the claim against a company or individual that violates the stipulations of the patent owner’s claim on the item or design in question. Additionally, it may require the knowledge or experience of an expert to clear up any confusion about eligible patent protections.

Expert Witness Testimony in School Shooting Cases

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An expert witness may become part of a school shooting case to help remove confusion about the evidenced or reconstruct the incident, so a criminal case may progress or a lawsuit for compensation may happen with a clearer understanding of the circumstances. Through his or her experience and knowledge, testimony about the case may hold less fear and lack of comprehending.

Can I Hire the Opponent’s Expert Witness Who Removed Himself from the Case?

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Sometimes, a lawyer has the opportunity to hire the opposing expert witness for his or her case when the professional is no longer part of the process. However, these situations must involve certain circumstances before the expert may change lawyers that generally includes any lack of conflict of interest and knowledge of the opposing lawyer’s case.

Fires and Explosions - Hidden Evidence

Provided by: Gossman Forensics
Every fire and explosion scene has the potential to contain crucial evidence that is hidden or elusive. This evidence may be physically hidden under debris and ashes, or may be masked in the samples taken for laboratory analysis.

Courts Address ERISA Fiduciary Responsibilities

Two recent court rulings addressed fiduciary requirements relating to the Employee Retirement Income Security Act (ERISA).

Technology Used by Expert Witnesses in the Courtroom

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When an expert witness becomes part of the courtroom proceedings, he or she may need additional technology to explain the issue to the judge or jury panel, and this could lead to unorthodox processes. When these items become necessary to demonstrate certain issues, the professional may need permission from the courts to accomplish this feat.

Role of Expert Witnesses in Cryptocurrency Litigation

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When cryptocurrency is part of a claim either for illegal activity or to when the plaintiff needs compensation for online transactions, an expert is necessary to explain what this type of online currency is and how it affects the case. The role of this expert witness often has a greater impact in clearing confusion about what and how cryptocurrency is and works.

Potential Testimony of Forensic Accountant Expert Witnesses

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A forensic accountant expert witness may become necessary to unravel a confusing issue with a claim or case within a company such as when the bookkeeper or accountant hired for the business engages in illegal activity either alone or on behalf of the owner. Through the professional’s specialized experience, it is possible to understand and determine if a claim is valid or has sufficient evidence.

Expert Witnesses and the Preparation of Affidavits of Merit

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Experts have the task of proving that a claim has merit through an Affidavit of Merit, and this may have a direct connection to a medical malpractice suit or when the medical device used causes injury to the patient. Through this affidavit, the expert explains that the claim has sufficient strength to proceed through trial or to a hearing with a judge.

Expert Witness Testimony on Standard of Care in Medical Malpractice Cases

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For a medical malpractice suit to have sufficient strength to proceed to the courtroom stage, the healthcare practitioner attached to the claim must either breach his or her standard of care to the patient or engage in negligence. An expert provides testimony and explanation about how either could affect the patient and lead to injury.

Fires and Explosions - Evidence Gathering and Preservation

Provided by: Gossman Forensics
Proper evidence gathering, documentation and sample preservation is critical to a successful fire/explosion investigation.

Mentholated Crack Cocaine

Menthol causes and endothermic reaction overtime and reduces the product to a slurry or paste form of the product beginning to occur after the first 72 hours of manufacturing.

Reweigh Analysis by an Independent

The seized crack cocaine in this case had diminished in weight by a significant margin, the cause was proposed and later determined to be as a root cause of adding Menthol to the produced product. See " Mentholated Crack Cocaine".

Wrongful Termination: Cocaine in Hair

Sampling procedures, collection procedures and testing procedures should all be evaluated when there is a question in the results.

Environmental Hazard Case: Methamphetamine Manufacturing

This is a case report of an actual occurrence. The needs of our services included evaluating the amount of seized product, the rate of production, and an evaluation of proposed hazards to the outdoor area and surrounding lives of the area of manufacturing.

Locating and Retaining Effective Expert Witnesses

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Effective expert witnesses are often difficult to locate and harder to retain depending on the facts and subject matter of a case, and this could provide a much more complicated situation for the legal team. The lawyer or assistant contacting and interviewing experts in the case or claim will need to know what to ask, where to look and when to seek help.

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