Articles Written by Expert Witnesses
Multiemployer pension plans in the aggregate have a funded ratio of 81 percent as of June 30, 2017, which represents an increase from a 77 percent funding ratio as of December 31, 2016. The improvement reduces the funding deficit by $21 billion.
Local expert witnesses are necessary based on the claim, the state and the specific location of the legal issue that is being dealt with through a lawyer. Hiring a local expert is essential in certain situations where the requisite experience, trainings, scope and education all revolve around the area where the claim is taking place.
The dangers of inpatient suicide are often observable when the individual has little hope, appears depressed, has symptoms or is too happy. However, it is important to first assess the risk that suicide is possible, and then the professionals attempting to help the patient may avert the disaster before it occurs.
Medical expert witnesses are often hired and used for various cases in prosecution and defense alike, and these professionals are able to explain various pieces of evidence. Through an understanding of the subject matter, these individuals are capable of explaining things to the jury or judge that were confusing or misunderstood previously.
Injuries due to gastric balloons are still being researched due to this newer alternative for weight loss, and because it is still a surgery, internal damage is still likely outcome. When an individual is seeking compensation for incidents with gastric surgery, he or she may require the services of an expert witness that has performed these surgeries or understands the medical procedure.
Defamation complications affect both standard persons and celebrities, and it is difficult to undo the damage simple words or print may cause to these individuals. When a defamation case is complicated and difficult to understand, an expert witness is hired to unravel the mystery and explain the relevant details to the courtroom.
Sexual assault and sexual discrimination are rampant in the United States due to a lack of understanding of both genders and how these issues affect the targets. The attitudes and belief of what is considered assault and discrimination is severely confused, and this has led to even the most morally outstanding person confused about what these subjects mean.
Diagnosing an illness is essential to ensure the right treatment is applied to the patient before the cause of his or her ailment progresses beyond that which medicine is capable. When there is a delay in these diagnoses, the individual could proceed to the last stages of the condition where there is no possible treatment available, and then he or she may die.
Police practices when confronting someone that may have perpetrated a crime should be reasonable and have guidelines to prevent consequences that lead to litigation. However, when law enforcement officers are unable to rein in emotional outbursts, physical violence against others and similar incidents, an expert witness is needed to explain how these standards should affect the scene.
Copyright infringement is a rampant crime in the age where technology rules over these matters, and the issues with copyrighted works being copied and distributed increases each year. However, the need for an expert witness arises when similar works are fashioned from the original that are similar enough to lead to infringement claims against the author.
Before a medical malpractice case may proceed in the courts of law in Florida, the state has a requirement of an opinion being obtained by a qualified medical expert to explain that the claim has merit. If those in the case do not follow the correct procedure, the expert witness could be disqualified, and the case may be thrown out.
Medical expert witnesses are hired for a variety of reasons, but their most often used expertise is to explain medical treatment procedures and processes for a case where someone has been injured. Professionals in the medical world provide services to a courtroom by explaining how an injury occurred and why it is so important to obtain compensation.
When an expert witness is giving testimony, it is important to ensure everything is consistent and well prepared for the case. However, if the testimony is inconsistent when presented initially and then there are changes noticed in the information, it is possible this could harm the case of the plaintiff when he or she is noted as explaining different things.
When someone has fallen from a horse while riding, the incident could have occurred due to improperly maintained equipment, inappropriate training of the animal or through a similar issue. When a claim for the injury arises, an expert witness is often necessary to explain and assess liability so that compensation claims are possible and understood better.
Expert witnesses are hired to provide details, remove confusion or connect certain evidence and persons to the incident where someone has been wronged or injured. However, sometimes these professionals are disqualified because they have bias with the other party, a conflict of interest or a bias with the case itself.
Agreements are often difficult to handle without the use of a lawyer or other professional to make the paperwork understandable and easier to comprehend. However, billing and retainer agreements have other terms, conditions and stipulations that may require a greater degree of detail and descriptions for those that are not experts in these matters.
The Equifax data breach caused several million individuals complications when private information was released online to various locations with free access. However, with the rise of private and class action lawsuits against the company, experts have been hired en masse to assist with these issues and explain why certain evidence corresponds to actions and behavior.
Opioid usage, abuse and prescription issues have become such a problem that some persons are addicted and may become injured through use and abuse. Because these drugs are both used in the medical world and through illegal personal purchase, many are harmed when the drugs are not consumed properly.
Economic expert witnesses may be relied upon in a variety of cases. They may help determine the amount of damages that an architectural defect caused, how much income a personal injury victim will suffer because of the injury or devise the lost expected business revenue due to a breach of contract, among many other tasks. For one side to effectively depose the opponent’s economic expert, he or she should consider doing the following,:
Forensic engineering projects often lead to litigation as parties try to avoid being liable for damages when confronted with technical allegations. An engineering expert witness may prepare a forensic engineering expert report after he or she completes an investigation. This report may be shared with interested parties after its completion.
A legal nurse consultant can help in litigation by serving as an expert witness. In this context, the legal nurse consultant can help analyze and explain information to the jury or trier of fact. Because of their important role, many law firms have a legal nurse consultant on their team. Others may choose to retain the services of a legal nurse consultant on an as-needed basis.
The State of Texas tackled pension plan reform for many of the Lone Star state’s first responders and municipal workers when Governor Greg Abbott signed H.B. 3158 into law on May 31, 2017. The recently passed legislation provides long-term funding relief for separate municipal pension plans sponsored by both the cities of Dallas and Houston.
Transactional law experts may be utilized for litigation through disputes, class actions with securities, intellectual property violations and family law through a variety of documents and interactions between parties. Those with a strong background in the field of disputes and similar matters may be experts in transactional law cases.
When a construction expert witness is hired for a case, it is to explain various aspects of the building, materials, persons involved and what risks exist with these processes. To utilize a construction expert properly, the lawyer may have him or her detail what may reduce these dangers for the commercial property in question.
When the prosecution requires the assistance of an expert witness, one is hired that may provide reliable and relevant testimony for the subject matter. A biomechanical expert witness utilizes scientific methods to determine causation in the crime and may explain to the courtroom how this relates to the actions of the defendant.
The failure of supervision in upholding certain professional principles is an important aspect that may require more research and management. An expert witness’ testimony may assist the case when these principles are the subject of a license or professional review where the person affected could lose his or her ability to retain his or her career.
Medical malpractice cases arise in the thousands each year that affect individuals and groups in grievous ways. Injury is the most frequent outcome, but some victims lose their lives when a physician is not exhibiting appropriate behavior or standards when operating or caring for someone else.
Police shootings could involve innocent bystanders, criminals or those accused of illegal acts, and proving that the injuries sustained were unnecessary could contain complications. Expert witnesses are hired by a lawyer to help with certain pieces of evidence, police procedure and various other interactions the judge or jury is not aware of with law enforcement.
Police brutality is a constant issue that requires the help of an expert witness to prove it exists within the case, and the professional may need to show this based on the evidence gathered. When the victim has been innocence of any charges but injured by the officer, this could assist in demonstrating how the claim involves police brutality.
A biomechanics expert may be needed when there is a slip and fall case to determine various factors related to the body, anatomy and how the human body has been harmed through these incidents. If the accident occurred at work, there are additional elements that may be involved such as negligence or intentional harm.
The employ of expert witnesses in litigation is typically undertaken to help the decider of fact (judge or jury) decipher an area of specialized knowledge which is key to the case. The expert report serves the primary purpose of “educating” deciders of fact on topics not commonly known to the general public.
When making a will, it is important for the estate owner to have a sound mind so that the document has less chances of being challenged on this basis. For these processes, a psychiatric expert witness is necessary to explain how the person was of sound mind before death when drafting the will or last testament.
Balcony collapses often lead to severe injuries or death when someone is on the ledge when the accident occurs. With the help of a construction expert witness, it may be possible to discover why this incident happened and if there is a liable party.
Journalism expert witnesses are hired when there are certain complications with the freedom of speech or when more information is needed in a case. These professionals have experience in investigations, due diligence with reporters and geographical systems which may be applied to a claim.
Forensic science is useful when criminal or civil court cases arise from various complications. With the assistance of a forensic scientist expert witness, it may be possible to determine multiple factors, who is liable for damages and what occurred during the incident.
Baby powder use harms children and women when inhaled directly or while being topically patted in place. The minute particles lodge inside the lungs and may cause cancer to those that inhale or ingest the dust from this product.
Hiring an expert witness is necessary for many cases where evidence needs to be explained, to connect the proof gathered to one or the other party and in detailing certain factors of the case to the judge or jury.
Defective brakes and other machine malfunctions within vehicles is serious for drivers and passengers. When injury or death is the result of these complications, it is important to hire an expert witness that is able to explain the standards for product liability and why these incidents are important in the courtroom.
Police practices come under scrutiny when arrests are made. When the activity may require more force than usual, injury occurs or an action goes against what has been perceived as the law, civil litigation may be the end result and an expert witness may be needed to explain these practices to the court.
Lawsuits over 401(k) fees have increased since 2016, according to recent news reports. As a result of the claims alleged in these ERISA litigation matters,several retirement industry practices have come under scrutiny and criticism.
The financial burdens presented by police pension plans are drawing national attention. Municipal retirement funds for police and firefighters have set aside only a median 71 cents for every dollar needed to cover future liabilities, according to a recent Wall Street Journal article titled “Police Pensions Put Cities in Bind.” Nationwide, police pension plans are reportedly underfunded by more than $80 billion.
Simple tips on how you can produce effective courtroom videos that will be beneficial to your cases.
Serving as an expert on the John Steinbeck Estate trial (Waverly Scott Kaffaga, as Executor of the Estate of Elaine Anderson Steinbeck, Plaintiff, vs. Thomas Steinbeck, Gail Knight Steinbeck and The Palladin Group, Inc. Case No. 14-CV-08699 TJH FFMx) this past year was both complicated and clear-cut.
When someone has contracted cancer or has a blood disorder, he or she may be victim of a medical malpractice claim. This usually means that an expert in these matters needs to be hired to assist with evidence, medical procedures, processes and treatment as well as to assist in understanding how the injuries or further healthcare issues may have occurred.
Two serious construction accidents cause serious injury to construction workers. In one case, the worker was wearing a safety harness but was not "tied off", causing serious injury. In another case, the injury was caused because the worker WAS "tied off".
A human factors expert witness is someone hired to assist with cases where there is a need to understand the awareness, attention and disruption, learning and recollection, fatigue, and hazard perceptions of one or more individuals. Through this professionals’ insight, it may be possible to understand the motives and reasons for the crimes or injury caused.
Medical malpractice often needs the assistance of an expert witness due to the complexities and medical procedures that occur during surgery and other processes. When the vertebra is damaged during a newborn delivery, someone with a healthcare background should be hired to assist with the investigation and understanding of evidence.
It is often necessary to hire an expert witness so that the judge or jury is able to understand certain aspects of a case or the evidence connected to it. However, some may become part of the proceedings so that certain persons are made aware of elements such as informed consent which requires more than simply obtaining permission for something specific.
When an expert witness is hired, he or she is usually part of the proceedings to prove or explain some aspect of the case that others are unable to comprehend. When a claimant may be malingering, the expert could prove this is true or false based on the factors surrounding the claim.
Financial expert witnesses evaluate and prepare the reports dealing with financial matters. They are able to understand the specifics, apply various elements to the reports and assist the judge or jury in comprehending the more complicated matters that pertain to the case.
When an incident occurs with vehicles on the road, in traffic or while the person is driving, he or she may not be at fault. There are many problems that could exist that may require the assistance of an automotive expert witness who is hired to explain which issues should not be overlooked.
Cases that involve the need for forensic sociology usually have various applications, processes and methods derived from the hired criminology expert witness. Understanding these and how they are needed for civil litigation is necessary for a lawyer to research the experts available and pick the proper one for his or her case.
Scar tissue has the potential to cause problems for someone when he or she must undergo surgery, after a procedure has been completed and at other times when healthcare processes are necessary. When damage has been caused or sustained due to scar and scar tissue, it often takes an expert witness to explain this to the judge or jury.
When choosing to hire an expert witness, the lawyer needs to evaluate the case and determine what type of nurse is needed based on the subject matter, the specifics and the evidence presented. This means a different nurse may be required for different claims and situations.
Warning labels are crucial for understanding the limits and restrictions of how products and items may be used. Without these items, someone could be injured, and this makes an expert witness important to cases so they are able to explain how the best practices exist and why these are imperative when designing and using warning labels.
Medical procedures are fraught with difficulty even in the best circumstances. This means an expert witness should be hired to explain these matters and how they affect the victim of healthcare procedures for compensation, resolution to injury and moving forward from the incident.
Attorneys who need to read and understand reports by computer forensics professionals and/or who need to present recovered files as evidence should understand how files are stored on computers and mobile devices, what happens when they are deleted, how they can be recovered, and know the limits on file recovery.
Expert witness selection is important for cases with complex litigation. For this, it is often imperative to hire someone specialized in the field of study or subject in the courtroom, and this may provide a better chance at success when testimony assists the plaintiff in seeking compensation.
Expert Witness testimony usually has a steep basis in fact, method and process with scientific data and other evidence as a foundation. This may influence how the jurors evaluate the testimony, but other factors may exist that alter their perceptions.
Qualifying an expert witness for a case is crucial in keeping his or her testimony admissible. This means going through several processes so that the professional may be considered an expert witness, and the initial questioning before the judge is successful.
Perinatal malpractice cases are often discovered through the keen use of procedures performed on the placenta and residue to reveal what caused the damage to mother, child or both. With the assistance of an expert witness, it may be easier to prove that the doctor was guilty of malpractice in these situations.
Building codes may require some interpretation for cases where someone has been injured or killed. This means an expert witness in building codes is hired usually to assist with testimony and an understanding about this bit of evidence for the claim.
In an effort to move United States copyright law into the digital age, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998. The DMCA is the beginning of an ongoing effort to modernize the nation’s copyright law. In an ever-changing digital world, copyright law must continue to evolve with technology.
Hotel owners and franchisees have a relationship that benefits the brand behind the hotel. However, when the franchisee engages in activity that may lead to litigation, the hotel could be liable for these actions and an expert witness may be needed for the court case.
Expert witnesses must have experience in the subject of the case. This usually means that someone in the medical field has been hired to explain evidence, injuries and medical processes to the judge or jury. Members of the medical field may be used as consultants for an understanding of the exact procedures used, but the expert witness may be the go between for the lawyer and client.
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.
If defamation has occurred against a business, it may take steps to recover damages for the harm done to its reputation. An expert witness may be able to provide information about the availability of damages and the extent of damages. This information may be shared with the business as part of a consultation or as testimony provided during court.
Getting an agreement in writing is important in all aspects of life. However, there are certain situations in which this is extremely important. One such situation is when an expert witness is retained by a lawyer, business or private party.
Lawyers may hire expert witnesses for various types of cases, including cases involving employment issues, intellectual property, engineering or a number of other areas. Sometimes these experts have attorney-client privilege with the lawyer representing the client. However, in other cases this privilege may not exist or may be waived.
Family law requires knowledge of a broad spectrum of subjects such as divorce, child custody and even separation. An expert in these matters is able to provide help in various functions of family law within the legal realm. If a child is in the middle of a custody battle, a family law expert witness may provide the insight into the matter that the judge may not have considered or known previously.
When someone has been involved in medical malpractice with the heart, a cardiology expert witness is often necessary. These professionals have knowledge of what standard guidelines should be used when performing surgery, medical treatment and in prescribing medication. If the physician appointed to the patient did not follow standard procedure, he or she could be liable for damages to the victim of the incident.
Expert witnesses accomplish much work before the act of testifying is needed. They work up a report, analyze evidence, connect the incident to certain persons and actions and many other tasks long before they are called in the court room. Many of these professionals adhere to scientific methods to determine certain aspects of a case.
An expert witness is needed on many cases to explain evidence, draw a conclusion from the proof provided and to reconstruct the incident when necessary.
Expert witnesses are needed most often when there is an aspect about a case that needs clarification for the judge or jury. In pharmacology cases where there are defects in warning labels, these experts are uniquely qualified in detailing the effects that these defective labels may cause in the health of the public either for an individual or a group.
Railroad incidents often occur when someone is not paying attention to the warning signs available. However, these complications may involve other factors that require an expert witness to describe in the court room for the judge or jury panel.
Multi-jurisdictional lawsuits are difficult to defend against and are extremely complicated due to the numerous suits from more than a single jurisdiction. This means that the defending party must prevent conviction more than once, and he or she may need to contact additional legal representation or expert witnesses if the crimes issued are not similar.
In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person soliciting the sale of securities or investment products not approved with the broker is affiliated without prior written consent. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person.
Hiring the right expert witness for the case is imperative when certain aspects must be explained in a way that the lawyer is unable to do so for the judge or jury.
Experts hired for a case generally provide a report of the incident that includes their conclusions, opinions and different stages of the issue based on evidence and testimony of others. That means that the value of these reports must be great and the quality should be above reproach.
Finding the right expert witness is important for cases that have a need for details, connections from evidence and even when the evidence supplied is confusing or is hard to associate with certain aspects of the claim.
When hiring an expert witness, the lawyer knows that the other counsel may also have an expert witness to counter his or her expert’s claims. Even with scientific data backing the opinion of the professional, there are other methods that may reach a different conclusion.
Disqualifying the opponent’s expert witness is often necessary when the case demands progress and additional assistance. However, doing so may be complicated and difficult depending on various factors such as a credible individual with extensive years of experience and knowledge.
Drivers that get behind the wheel while intoxicated may run the risk of being pulled over by law enforcement officers. When charged and convicted of these crimes, they have driving under the influence offenses on their record. For many states, the more of these on a person’s record, the worse the penalties become as they progress.
Investigations into construction incidents are important. When, where and how someone is injured or killed in an accident determine how much compensation, what penalties and who may be responsible.
Expert witnesses are used for a variety of reasons, but they are usually part of a claim or case that needs expertise in a specific field of study or subject where their experience and knowledge aid in determining how to proceed in a case. When they initially join the proceedings, they start with compiling data and processing methods to discover what occurred during an incident.
When persons are working on the roof, there are many risks to the health and various dangers that could lead to either serious injury or death. If the individual falls through or off the roof, he or she could break bones, suffer soft tissue damage or worse. This could be a wrongful death or liability issue if the person dies or the injuries are extensive enough to need compensation.
Many individuals believe that an expert is behind every door. Each professional may be used as an expert in almost any case. However, cases are varied, and hiring an expert is an extensive process that requires research and time. Ensuring that an expert is right for the claim and may work well with a lawyer demands a lengthy interview, several questions asked and answered and a rapport between the two parties.
Defects in products are a serious problem when entire batches or the design are affected. This could means standard use of the item may lead to injury or even death. When the defect causes an object to tip over, this may cause catastrophic damage. These situations are exacerbated by certain factors and situations.
Cases of asbestos exposure may be complicated due to how long the material has been in the building, who put it there, why it was there and how the exposure occurred. This means that the responsible party for the claim may not exist any longer, or there could be more than one person or company accountable for the physical injury or damage to the home.
Consumer data is available almost everywhere online. Anyone that visits almost any website leaves a trail of information in his or her wake. However, there are methods employed to collect these details that are considered illegal.
There are many federal regulations that require the assistance of a professional that understands what these are, how they apply to a situation and why they are used. Additionally, there are certain requirements necessary for an expert witness to be used for a case that involves federal regulations.
State legislators successfully passed a comprehensive pension reform in Pennsylvania in early June. The new law aims to shift risk away from the taxpayers when it comes to state-funded pensions.
Patent evaluations are important to ensure the applications is unique and not the same as previous patents that already exist. This is because a patent for an invention gives the applicant the ability to use it exclusively with a process, product or similar item.
There are various types of damages that may be awarded to the victim in a claim for compensation. When the case involves an injury or incident that caused damage of some sort, there are monetary payouts provided to the plaintiff party when the court case is successful.
Many accidents that harm persons when working or performing job duties may be severe. This often depends on the industry and the equipment or tools used. For railroad workers, these incidents could end in death with the heavy and sharp items most readily available.
Real estate matters are important to those that are either selling and buying or seeking investment opportunities. This means that an accurate evaluation or determination of the value of the property must be completed.
Construction litigation is rife with complications, difficulties, risks and numerous types of investigations. These may be more in number when involved with commercial constructions projects, and injuries are often possible during these incidents.
Drones usually defy privacy, as they are able to fly into the private and persona property of another individual. This means that if the drone is equipped with cameras or a recording device, the conversations of a person over the phone or with another and even groups may be intruded upon.
For years, a huge part of marketing for law firms and other businesses has included short blogs that were intended to help their readers/clients/potential customers gain insight and provide answers or information about a particular issue or topic. Well, in recent months, it seems that times have changed with regard to what type of content is more effective from a marketing standpoint.
Tree failures can have severe consequences. Unfortunately, evidence is often cleaned and removed from an accident making forensic analysis difficult if not impossible. That is why taking effective photographs of a tree failure may provide valuable evidence for forensic analysis to determine the cause of the failure.