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Managing Risks with the Help of Construction Litigation Expert Witnesses

Construction incidents are common due to a variety of factors, but it is when someone is injured that the case becomes serious. This means a construction litigation expert witness is needed to explain evidence, connect the elements together and determine liability and provide the responsible party to the judge or jury.

Without these professionals to assist with managing risks in the court case, the chances of success are often much less than when an expert’s expertise and knowledge are utilized. Once an expert witness has been hired, he or she usually starts a report that is supplied to the judge which should also contain the information he or she bases his or her testimony on when presenting.

Risks with litigation generally include the ability to fail at the lawsuit against the construction company or others that may be responsible for the incident and other issues such as discovering evidence or finding persons to provide additional testimony. Other experts in the construction field may be needed to supply building code violations, the times of construction and other matters all relevant to the case. The expert used for the case may be able to discover the individuals
needed as well as data to include as evidence in the court room. He or she may also have other resources in helping the case progress forward.

Managing Risks

There are many risks involved in seeking compensation for injuries when confronted with construction incidents. The harmed party could be an employee, a third-party or someone that resides within the structure being modified such as the homeowner or manager in the building. The party that is wounded from the project could affect the risks in the litigation. This may mean that someone that owns a home has less power than a company owner with influence and money. With the assistance of an expert witness, it is possible to manage these risks with knowledge and experience in handling these matters. A professional in the construction industry knows building codes, safety protocols and how and when injuries to a person may be the responsibility of a particular party.

Knowing the elements of a construction project is essential in assisting a lawyer mitigate the risks that could cause a negative outcome in the case. This means the professional would need to put his or her expertise to the task of revealing important details, finding other witnesses and professionals and reporting the factors that connect the facts and evidence to the case. Construction incidents often cause lasting damage to a structure with the potential to physical harm others. For buildings that are affected through these issues, economic or financial compensation may be necessary if the construction company is unwilling to make the owner or manager whole for the problem.

The Construction Expert Witness for Litigation

An expert witness is usually hired for his or her knowledge and experience in the relevant subject matter in the case. For construction litigation, this means someone that is able to explain to the judge or jury how certain aspects of the claim require compensation from the responsible part. The professional’s report is generally detailed and purposed specifically for the case. This means that the expert compiles the data, gathers the evidence into a coherent timeline or structure, is sometimes able to reconstruct the incident and has the capacity to present findings in the court room in an understandable manner.

With the assistance of the expert witness, the lawyer may manage the risks that construction litigation brings through carefully picking witnesses, other experts in construction projects and gathering additional evidence. Keeping risks from harming the case is possible with an expert witness that is versed in managing these elements and keeping different aspects of the situation apart from others. This could be accomplished through evaluation, assessment and analyzing the circumstances. This may also occur through someone that is able to comprehend the economic, financial, medical and other related fields that may be involved in the construction lawsuit.

The Need for an Expert Witness in Construction Litigation

Expert witnesses bring more than just testimony to the table in many different types of cases. They are often invaluable at providing advice, explaining details and looking at the situation in a different manner than others. Through their expertise, it may be possible to determine the responsible party and ensure the compensation is obtained for the victim of an accident with construction sites, projects or incidents once the liable party is discovered.

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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.

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