Articles Written by Expert Witnesses
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.
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.
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.
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.
Data security is crucial in both keeping information safe and running a business that relies upon online and networked transactions. As more companies are progressing forward through the future in the electronic age, data security and information systems become the most important aspects of a business.
In some situations, an employee may complain of sexual discrimination that is not necessarily sexual in nature. An employee may not be being harassed for sexual favors. Instead, he or she may be harassed because of gender bias or stereotypes. This type of discrimination is also illegal.
Fraud is a serious crime that often affect multiple persons simultaneously. When someone’s personal information has been stolen and used in this manner, he or she may find credit being used, bank accounts empty and numerous other concerns that may alter the life of the victim.
Construction defect claims increase due to defective parts, materials, substances and similar concerns and have been on the rise since 2012. When the goal of the construction project is speed, there are many shortcuts taken that lead to injury and death for workers and those involved in the situation.
Airbag defects in vehicles that collide with others may lead to severe injury or death. This may be due to the untimely deployment or the lack of the airbag coming out of the compartment. Other complications arise when the airbag is not created correctly, has materials that are harmful or substances that leak and various other concerns.
Pension plan participants are gradually shifting savings into target date funds (“TDFs”) designed to match their age and investment needs with their ultimate retirement savings goals. Almost one fifth (18.4 percent) of defined contribution assets in the largest 1,000 retirement plans are now invested in target date funds, according to a recent survey published by Pensions & Investments.
Construction sites and projects are fraught with potential risks to the health and safety of workers at the site. These dangers are numerous and often occur swiftly with little warning. This may even affect flammable materials and substances. When on the roof, there are several different items that may have the capacity to start a fire. When mixing tools that heat up and electrical equipment, an employee for a construction company may find himself or herself in imminent danger if something lights on fire.
Inclement weather is often difficult to survive, and the more severe it is, the more complicated its issues are to resolve. Many that are not affected by hurricanes, tornados and floods do not understand how assistance and compensation are needed when insurance and other help are not received when they are needed the most.
The testimony of an expert witness is often important to the case, and in some circumstances it is enough to lead a jury or judge to side with the plaintiff. However, there are in many situations certain objections that are made to these professionals for various reasons.
You have a case in litigation and think you want to hire an expert witness. Before doing so there are some questions you may want to consider before hiring, and once hired, how to deploy the expert witness for your case.
Confined spaces are dangerous to many individuals for numerous reasons, but when the individual is trapped and unable to exit the location, he or she may become injured or suffer oxygen deprivation and other complications. Industrial and construction areas are frequently full of hazards that could confine a person in a small space if he or she is not paying attention to his or her surroundings.
The future has arrived, and it is showing the public that it includes vehicles that drive themselves. However, there are various issues that these cars may raise because of injuries, accidents and similar concerns. Many problems with these types of advancements in the world deal with how technology keeps outpacing the law, law enforcement and keeping legal matters settled.
Injuries and cases of slips, trips and falls are prominent in certain industries and with the elderly. It is important to understand how to avoid these complications, and why those harmed in the process need certain compensation. Many slips and trips occur in building with floor hazards, but these may occur at home due to wires, carpets and obstacles.
It is often essential to have an expert witness in conjunction with a lawyer for many different types of cases. These professionals are fundamental to assisting in successful claims and in defending accused persons of crimes. The possible insight these experts have in their field is invaluable in helping legal representatives in proving or disproving certain aspects of the subject.
Trends in workplace litigation have been going through increases and decreases based on the year and certain relevant factors. Since changes were implemented in 2016 and 2017, the litigation involving employment has been altered drastically by the United States Supreme Court.
It’s not nearly as difficult to be a great marketer when you are the big fish in the little pond or when in comparison to your competitors, you have unlimited resources at syour disposal. Unfortunately, for the vast majority of law firms – that is simply not the case. Being a great marketer requires doing more with less, finding ways to extend your various initiatives cost effectively and determining the optimal marketing mix.
Litigation due to patent infringement is an ongoing problem, and it tends to rise during certain periods over time. Since 2012, the amount of lawsuits over these issues has been the highest in several decades due to various individuals seeking either the same patents or attempting to reproduce the items of a currently patented creation.
It is important to understand what the use of an expert witness is and how best to use these professionals. However, before they may be utilized in court, the lawyer that hires them must carefully choose the right expert to represent an aspect of the case that is relevant and reliable.
Before the use of expert witnesses changed to the standard that is known in the electronic and computer age, Daubert had to go through a case with the Supreme Court. This eventually led to the way expert witnesses are used and how their testimony must be presented.
There are many dangers in childbirth, but there are none greater than when the baby is harmed during the process. This may occur with various tools, methods or if there are complications that arise in the middle of the procedure.
When a Daubert challenge is presented in opposition to an expert witness, his or her entire testimony may be excluded from being giving in court. The time, energy and money spent in hiring the individual would be lost if the challenge succeeds, and without seeking additional support, the case may be weakened by this action.
Criminal defense cases often need an expert witness to verify facts, reconstruct a crime, explain how certain injuries were caused by the actions of the perpetrator and similar concerns. There is even the need when someone commits financial crimes such as fraud or theft. Some experts are forensic accountants, fraud investigators and professionals that have extensive experience in tax fraud, money laundering, bribes or corruption in financial markets, instances of embezzlement and investment concerns.
Litigation is often messy, complicated and difficult to get through for all parties concerned. There are procedures, processes, stages, officials and documentation that all demand perfection or else they could be thrown out.
Defects occur in almost all manner of products, materials and structures. These problems may exist in designs, a product line or only a batch. However, various defective items cause injuries if the issues pose a risk of danger to someone that is using the object in a standard manner.
Dangerous substances have a variety of effects and hazards to those exposed to them. This could occur through inhalation, skin contact, ingestion and even burns through contact on clothing. To understand how these issues harm the victim and what consequences arise through these materials is important.
When someone owes money to a debtor, this account is often referred to a debt collector. Debt collectors must follow federal law and state law when attempting to collect this debt. If the debt collector does not follow applicable laws, it may be liable for violations.
Fraud is often a very damaging crime to those affected. The theft of information or funds from a company tends to harm multiple persons, and it may lead to a continued problem for the business. When certain information is taken, it may be highly injurious based on who is involved and how much is stolen.
Small businesses operate under the fear that they will one day be sued. Today, someone can sue a company for nearly anything. Even if the plaintiff sues a business and does not prevail, there can still be a significant impact to the business that must defend against the claim. Often, significant economic damages may be alleged that rival the damages lodged against big businesses.
Defamation may not always be applied to business transactions, clients or customers, but even companies may be affected by false statements. When a single person is the victim of defamation, he or she may have his or her reputation negatively impacted. In some situations, this may lead to economic and financial difficulties.