Articles by Expert Witnesses

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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