Managing Risks and Investigations in Construction Litigation with an Expert Witness

Accidents and problems may take part in these proceedings with developers, owners, tenants, all manner of contractors, companies, subcontractors and insurance agencies when a settlement is possible. Each are involved in the financial aspects of these cases, and when multiple parties are included, the claims become complex to the point that a lawyer is often required. When managing the risks and possible problems with investigations are part of the claim, an expert witness may shed light on various elements in play.

Risks may be mitigated through an understanding of the factors included in these claims, and it takes a professional’s knowledge to detail how these dangers to the case and to the plaintiff may be reduced when an expert’s information is properly handled. Investigations into allegations are necessary. This may also demand an extensive search

through the incident location, documentation, records and any surveillance of the accident in progress. With combined expertise and knowledge of the subject matter, it is possible to clearly define what happened, who is responsible and how to proceed to conclude the case and claim concerns. This would then end with damages owed to the correct party when all has been considered properly.

Investigating Accidents and Incidents

For anyone involved in a case where an accident or incident is included, the investigation into the matter should proceed immediately after it has occurred. This is to preserve evidence, ensure all materials are still available and so that it is easier to access the location and persons that were part of the issue. A thorough investigation is necessary to ascertain what happened, who is responsible and what need to transpire for the case. To reconstruct the matter, the most recent information, resources and materials are needed. This provides an opportunity for an expert witness to work his or her magic and determine a course of events.

For experts in construction and reconstructing accidents, it is vital that they are able to determine what went wrong so that it is possible to hold the liable person accountable for his or her actions, negligence or indirect involvement. Early investigation is frequently the only way to ensure all materials and evidence are still at the scene. There are many individuals involved in cleaning up the location, checking the area and photographing the incident. Without being able to investigate and determine certain aspects of the case, a critical element is lost and there may be negative consequences to this.

Mitigating Risks

In order to manage risks to litigation with construction companies, the use of a professional may assist with defects, neglect that could have caused accidents and possible help through post-accident litigation claims. This may take pre-planning, training of the expert, revisions to contracts and review of the case to minimize compilations that could arise. Analyzing reports, practices from persons and companies and refreshing the information with the lawyer and the client may be necessary to understand all the details and evidence with the case. This may mean additional interviews with construction personnel, staff and third-party vendors that may be involved.

It is vital that both lawyers and expert witnesses are involved in these matters as soon as possible so that the earliest stages may have professionals going through evidence, the scene of the incident, all witnesses that may provide testimony and other matters. This also provides the opportunity to create a report and finalize a conclusion from the expert witness so that he or she is able to explain findings to a judge or jury panel. The utilization of a professional in this manner may also keep confidential concerns as closed as possible. There is the potential to identify and assess information relevant to the case as well as seek additional evidence that may not be available at a later date.

The Expert Witness in Construction Litigation

Some experts may only be retained for consultation in certain matters, but even this could ease the possible litigation concerns to a degree. Others must assist in explaining to the judge or panel of jury members just how severe the construction incident harmed the victim, and why a certain amount of compensation is necessary to become whole after the problem. This number is usually calculated with a reasonable and fair amount in mind based on various factors.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.