Articles by Expert Witnesses
Expert Witnesses and the Preparation of Affidavits of Merit
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
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
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.
Important Skills to Look for in Expert Witnesses
When looking for an effective and qualified expert witness of a case, the lawyer or legal team should find someone that matches the case and has a relevant and reliable testimony and methods. The important skills necessary to provide significantly higher chances of success in the case have a basis in what type of expert is necessary.
Expert Witnesses in High-Profile Litigation
For an expert witness that will face a high-profile lawsuit, it is important to know what to expect and how this differs from other similar or entirely different litigation cases. There may also exist additional requirements for the lawyer based on the circumstances, the defendant or plaintiff and how the expert will corroborate or help the details of the story.
A Litigator’s Guide for Working with Forensic Expert Witnesses
Forensic experts will provide a clear picture of what happened during the incident or crime, and through evidence or recreating the situation, the professional may have enough details to demonstrate how the defendant is at fault. Knowing how to show responsibility to the defendant and increase the awareness of the courts is important.
A Guide to Deposition Questions of Expert Witnesses
The beginning of a case may involve an expert witness, and he or she may need to ensure the expert testimony has enough preparation to pass scrutiny. There must be a profound integrity of evidence, a conclusion the expert supplies, competent methods and reliable information that will increase chances of success through testimony and methods used.
Video Forensics Expert Witness Discusses Security Camera Footage Recovery
For both criminal and civil cases, camera footage may capture the perpetrator in the act of harming another or engaging in illegal activity. Through recovery of footage, a video forensics expert may discuss how this will prove that the defendant is guilty of either participation or the intentional committing of criminal behavior.
Using a Forensic Pathologist as an Expert Witness
The need for a forensic pathologist arises in the understanding of death in certain situations, how the person died and when there is confusion about the circumstances of the passing. While some cases use medical examiners, others rely on an expert witness to discuss and detail out certain aspects that are confusing or lacking in more specifics.
Forensic Handwriting Expert Witness: Forged Signatures on Formal Documents
Formal documents are important for numerous reasons both legal and personal, and when one or more of the papers has a forged signature, the person affected may face severe negative consequences. It is imperative to hire a forensic handwriting expert to demonstrate to the courts and discuss how the plaintiff suffers harm from the action.
Expert Witness for a Defective Cell Phone Case
When a customer that purchases a cell phone suffers injury due to the case or a defect in design or materials, he or she may need to raise a claim through the courts for compensation. With the help and use of an expert witness, he or she may provide sufficient evidence that the defendant is responsible and owes damages to him or her.
Computer Expert Witness and Alternative Reasons for Possession of Child Porn
There are rare occurrences where a defendant in a criminal case of possession of child pornography may have a defensible strategy, and these situations often lead to the hiring of a computer expert witness to corroborate. With the expert witness, the defendant may prove that he or she has no intention of obtaining such material, and the circumstances will excuse him from the charges.
Key Features to Look for in Computer Forensic Expert Witness
The wide variety of computer and electronic issues that need explaining in the courtroom usually lead to the hiring of a computer forensic expert witness to provide understanding and knowledge of numerous matters. The key features in looking for these professionals are one part of looking for the right fit for the case.
Internet Expert Witness Discusses Damage Due to Computer Worms
When a case involves computers or electronics, an expert’s help is usually necessary, and in the case of computer worms, an expert witness becomes invaluable. The financial and personal injury caused by another individual intent on infecting computers through worms and similar malignant items may demand an explanation to unravel the confusion.
Forensic Expert Witness Analyzes Smartphone Data
In a case where the data on a smartphone is sufficient to provide evidence in the claim, a forensic expert witness may need to assist the lawyer. By analyzing the details within the device, it is possible to connect the defendant to liability, clear the plaintiff of any fault or help in proving the information of the injury.
Expert Witnesses Describe Negligence in Data Breach Incidents
Data breaches occur with greater frequency when a hacker determined to expose the company leaks the information within the business to the public or on the internet. When these incidents occur, the company, clients and customers may all experience devastating consequences when their details are available to anyone.
Expert Witness Testimony Regarding Fingerprint Analysis
Law enforcement and prosecutors rely on fingerprint analysis to convict criminals when their fingerprints are found at a crime scene. However, it usually takes an expert witness to examine and fully understand if this evidence is enough to lead to a conviction or if it is too weak in regard to the case and the defendant’s circumstances.
Expert Witness Discusses Collapsing Bridges
The flaw in construction may lead to the need for an expert witness to explain liability and structural complications, but when a bridge collapses, hundreds often sustain injury or die. In these events, an expert may need to explain how the event occurred and who is responsible for the damage and compensation to the victims.
How to Admit Expert Witness Testimony in Criminal Cases
It is critical that the testimony of an expert witness is within the evidence, statements and other testimony in a criminal case so that the defendant faces a stronger chance of conviction or a not guilty verdict. To provide the defense party with a greater chance of success, the expert witness may give the case the much-needed details that clear up confusion.
Forensic Expert Witness on Faulty Construction Materials
Construction materials are necessary for a variety of projects that include buildings, roads, products and artistic expression. When these materials are faulty or have defects, it is much more likely that those involved with these resources may become injured or face devastating consequences that may require the services of a forensic expert.
Forensic Expert Witness Describes Speed of Drunk Driver
In drunk driving accidents or during a driving under the influence of drugs or alcohol citation, an expert may need to explain that the speed of the drunk driver was or was not a factor in the incident. Collisions at higher speeds often lead to more severe injuries with more extensive property damage on the road and in traffic.
Forensic Computer Expert Witness Discuss Unintended Airbag Deployment
When during a crash an airbag deploys, this is normal, but when the driver has no incident or anything even remotely resembling a problem that the airbag goes off, this is a large issue. The forensic computer expert may have more details and could remove confusion in these matters for the court so that the victim may face a greater chance of successfully arguing his or her case.
New Claims Procedures Scheduled for ERISA Disability Plans
Additional consumer protections for private-sector workers making claims for benefits from their employer’s disability insurance plans will become effective on April 1, 2018.
Pension Plan Sponsors Seek to Locate Missing Participants
Pension benefits can go uncollected when retirement plan beneficiaries move to a new employer or fail to register a new home address with their pension plan sponsor. The issue of “missing participants” is gaining national attention as plan sponsors strive to reconnect with those who may be owed payments.
Expert Witnesses Testify Against Cyber Thieves on Online Banking Systems
Cyber terrorism and attacks on entities or a single person may lead to devastating consequences for the individual or company, and this is reason enough to sue the perpetrator for compensation. When the target is an online presence such as a banking system, an expert may need to explain how the attack happened and what to do to resolve the matter.
Biomechanics Expert Witness for Product Liability Claims
Product liability claims consume the courts when a single or several products cause injury to the consumers that purchase them, and an expert is often necessary to clear up confusion or connect liability to the correct party. These professionals may refute the claim when hired for the defending side or support the case when the plaintiff hires him or her for help.
Intellectual Property Expert Witness Describes Domain Name Trademark Infringement
Infringement in intellectual property occurs with frequency depending on how interesting or attractive the domain name is and how well it may appeal to the online audience. Experts in this field may have the knowledge and experience to explain to the judge or jury panel how the infringement affects the owner and his or her ecommerce business.
Forensic Expert Witness Discusses Neuropsychology in Traumatic Brain Injuries
After a traumatic brain injury, the victim may have numerous issues with his or her mental state to include amnesia, psychological complications and need of therapy. A neuropsychologist is able to explain these matters to the courtroom and introduce the necessary information about why compensation should provide the victim with a means of recovery.
Expert Witnesses on Liability in Autonomous Vehicle Cases
Due to the rise in the creation of autonomous vehicles, expert witnesses’ hires become more important, so the judge or jury is able to understand the issues and how they affect the case. Awareness in these matters increases through the utilization of the expert in the courtroom and his or her testimony to clarify the evidence and facts of the claim.
What I've Learned as an Expert Witness: Sexual Abuse in the Treatment Room
Provided by: Dr. Ben E Benjamin, Benjamin Institute
Having worked in the industry for over 50 years and served as an expert witness on cases of sexual misconduct by massage therapists and bodyworkers for more than 13 years, I feel compelled to write this article. Sexual violations are seldom written about directly and, unfortunately, are more common than most people realize.
Construction Expert Witness Describes Possible Construction Defects
The defects that may exist within a construction site or with materials are frequently the cause of severe and grievous injuries or even death at the site. When this happens, a construction expert witness is generally hired for the confusion or to connect the defects to the proper responsible party for liability and damages owed to the person or family.
Accounting Expert Witness: Economic Loses Due to a Wrongful Death
The wrongful death of a family member usually leads to lost services to a company and the surviving spouse and children of the individual. The economic and financial losses felt from the death are often complex with the need for an accounting expert witness to evaluate these situations to the fullest and provide a basis of the lost services.
Forensic Expert Witness Discusses Distracted Driving
Distracted driving is often one of the worst types of issues that causes wrecks on the roads and during traffic, and these issues end in injuries and death. An expert in these matters is able to discuss how distracted driving occurs and how to prevent the dangers that happens from those that drive while distracted.
Forensic Expert Witness Discusses Bike Helmet Safety
Though bicycle accidents where the rider sustains serious harm occurs often in bigger cities, even in the urban, suburban and smaller areas the biker could suffer brain damage without the use of a helmet. It is the forensic expert hired for cases with confusion or need for examination that lead to further understanding of these issues.
Expert Witness Describes Carbon Monoxide Poisoning Causes
Carbon monoxide poisoning happens in cars with exhaust problems and inside homes where the resident lives and breathes that dangerous air. Experts in carbon monoxide may provide insight into the complications that lead to severe lung injuries and death by carbon monoxide asphyxiation when living in a home with contaminated air.
How to Properly Qualify an Expert Witness during Trial
Expert witness qualifications are important so that they qualify for presenting testimony in court and explaining confusing or complicated matters. However, to property qualify an expert for a case going to trial depends on the state or federal matters and what type of expert’s knowledge is necessary for the courtroom.
Forensic Accountant Expert Witness Evaluations of Lost Income
Accountant expert witnesses are necessary for a number of monetary issues within a company, but forensic accountants have the ability to take apart the entire operation and understand the minutiae of the numbers much better. These professionals have tasks to evaluate lost income and discover where it has disappeared to and if the business is engaging in illegal activities.
Expert Witness Who Consult and Experts Who Testify
There is a significant difference in an expert that consults on a case and a professional that is able to testify in the courtroom about the subject material. Knowing which person handles what types of claims is important for the lawyer and the client so that he or she is aware of the limitations and abilities of both in these matters.
Expert Witness in Video Forensics Can Discuss Surveillance Footage Enhancements
Surveillance footage is necessary in litigation when attempting to prove that one party is not honest or participates in wrongful activity that could or does harm others. An expert in understanding these files or video footage may need to assess the legitimacy of such digital files to ascertain if they are fake, enhanced or altered in some manner.
Expert Witness Asses Liability in Riding Accidents
Riding accidents occur when a person riding on an animal, cycle or vehicle falls and hurts a part of his or her body to the point that medical attention is necessary. Expert witnesses explain how liability affects these cases, who is responsible for the incident and how they are preventable based on various factors connected to the situation.
How a Real Estate Expert Witness Helps in Litigation
When dealing with a real estate property issue or contractual agreement between the buyer and seller, it is important to hire a real estate expert witness to assist with the entire litigation situation. These professionals are able to understand the confusing and complicated matters better than the average person to help increasing chances of success.
Forensic Pediatric Expert Witness in Child Product Liability Cases
Child cases where injury occurs due to the product purchased may incur the need for an expert who is able to dissect the specifics as well as provide care to the youth that sustained harm. In these matters, the company may be liable for damages based on negligence, defects or other problematic issues that lead to the physical injury of a child.
Expert Witness: Distracted Driving and its Effect on Liability
Distracted driving often leads to horrific accidents and untold damage on the highway or roadways during traffic and when there is only a single other person driving. The consequences of letting something distract the driver are often felt significantly when someone is in the hospital or dead on the side of the road.
Cryptocurrency Expert Witness in Litigation
Digital and online forms of money handled through transactions constitute cryptocurrency, and these networked interactions lead to possible legal complications based on real world issues with the technical and financial realms. To understand these matters better, a courtroom may need the help of an expert witness to detail what cryptocurrency is and how it affects the plaintiff.
Cellphone Data Forensics Expert Witness Testimony
Unraveling the specifics in cellphone data is complex and could lead to complicated situations without an expert to testify and provide additional details. These experts have tasks that permit them to break down the software and GPS information within the electronic so that others may understand how it connects to the case.