Articles Written by Expert Witnesses

Expert witness testimony is often crucial to enlightening a judge or jury of certain matters or removing confusion about a case or claim with numerous or confounding factors. There are several ways that improving the testimony may provide a better picture of the matter or increase the chances of success in either a criminal or civil case.

Our sense of smell is alerted when molecules of a particular odorous substance travel into the nose. Receptor cells within the nasal cavity become stimulated and take hold of the odor molecules. The interaction generates electrical signals, which are shuttled to the brain by nerve cells. The brain perceives odors and often accesses memories to remind us about people, events and places associated with the sensations.

Lawyers and courts turn to expert witnesses to provide triers of fact with explanations of aspects of a case that are not commonly known. It is the subject matter expert’s education, experience, and skill in a particular area that will help the triers of fact to reach a well-informed conclusion/decision.

Rising healthcare costs, the increasing complexity of plan administration under state and federal rules, and differing interpretations regarding reimbursement rates are resulting in increased litigation. “Out of network” disputes are a prime example. These disputes are often between the institutional medical service provider, such as a hospital, and a health insurance company, a self-insured employer, or a third-party administrator.

Social workers have a vital role as expert witnesses in certain types of cases and using such professionals in the courtroom or behind the scenes is essential. The claims of domestic violence, child abuse, sexual assault or battery and issues with custody or guardianship are all important subjects that a social worker may become necessary.

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.

The expert witness has several duties to perform before he or she will testify in the courtroom before a jury or a judge, and some of these duties involve the testimony review before the courtroom event. Some experts may need to create a report that the judge or opposing legal counsel will have access to before the trial starts.

A forensic accountant expert witness may become necessary to unravel a confusing issue with a claim or case within a company such as when the bookkeeper or accountant hired for the business engages in illegal activity either alone or on behalf of the owner. Through the professional’s specialized experience, it is possible to understand and determine if a claim is valid or has sufficient evidence.

The Americans with Disabilities Act may involve a person with low vision in a claim or case where an expert witness is necessary to help the courtroom understand why the person needs assistance. If the person faces discrimination, injury or a lac/k of benefits due to his or her condition, the expert may need to explain the matter through medical and disability details.

Challenges to the testimony of an expert witness occur often when the opposing legal team wants to try to disqualify the expert for the case, and in bankruptcy litigation, this is often important for the company. However, the rules work primarily the same for each case where the expert must have relevance in the subject matter and reliability in testing methods.

When a plaintiff in a personal injury case puts an aspect of his or her physical or mental health at issue, such as by claiming disability from an injury or claiming emotional distress, the defendant will most likely and to obtain medical or psychiatric evidence to challenge those claims.expect?

An expert witness may become part of a school shooting case to help remove confusion about the evidenced or reconstruct the incident, so a criminal case may progress or a lawsuit for compensation may happen with a clearer understanding of the circumstances. Through his or her experience and knowledge, testimony about the case may hold less fear and lack of comprehending.

Evidence collection, handling, transportation and laboratory analysis in any fire and/or explosion plays a critical role in all aspects of an investigation and litigation. Ensuring the quality of evidence collected and analyzed in the laboratory is essential for origin and causation determination and also in litigation and case strategy.

In insanity pleas, a medical expert witness may need to explain and discuss mental illness with the courtroom to remove doubt or confusion about the matter and how the brain’s effects may cause criminal activity. In usual circumstances, the expert’s knowledge of behavior and the brain may assist him or her in detailing what the illness causes and how it affects the individual.

A financial expert witness in a money laundering case may provide the best details and explanation of accounting and financial books for the prosecution in convicting the defendant of these criminal acts. However, for an expert to remain within the case, he or she must possess certain requirements in his or her credentials that prove he or she is up to the case.

Communications, drafting, reviews and expert reports may all consist of attorney work product, but this could depend on a few different factors and may affect lawyer and client privilege. Knowing what work product protections cover may help the those involved understand better everything that may remain safe between the professional confines.

Dental malpractice cases often involve negligence. This factor is difficult to prove in a lawsuit without the use of an expert witness or other corroborating evidence to point to the defendant as responsible for the injury. With the help of a professional in the claim against the dentist, it is possible to show the judge or jury that the patient has an entitlement of compensation for the incident.

Defective products harm clients and customers alike and understanding the factors that lead to these incidents is important and also where the expert witness becomes invaluable in clearing up confusion and providing the necessary details. Through his or her testimony, it is possible to demonstrate to the courtroom why compensation is important and why the defendant is responsible.

Sometimes, a lawyer has the opportunity to hire the opposing expert witness for his or her case when the professional is no longer part of the process. However, these situations must involve certain circumstances before the expert may change lawyers that generally includes any lack of conflict of interest and knowledge of the opposing lawyer’s case.

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.

In the fall of 2017, a social media campaign swept the nation which forever changed the perspective on sexual harassment in the workplace. This viral campaign included the stories of countless individuals who shared their personal stories of sexual assault, harassment and other misconduct. The #MeToo campaign helped break the silence on this proliferate misconduct.

When there is a problem with an expert witness such as a conflict of interest or he or she loses qualification as a designated expert witness in the case, the professional’s replacement must occur. This could happen with the previous expert as a consultant to assist in discovering the next best fit for the case in the courtroom before the trial begins.

Patent applications and processes are sometimes confusing and complicated situations with one person needing to hire an expert witness for the claim against a company or individual that violates the stipulations of the patent owner’s claim on the item or design in question. Additionally, it may require the knowledge or experience of an expert to clear up any confusion about eligible patent protections.

Employment litigation is often complex. Expert witnesses are often put on retainer to assist with these types of cases. Understanding the role that these experts serve is important so that you can see if you need an expert in your case.

When someone drinks before or during a drive, his or her blood alcohol level tends to rise. It is when it is above the legal limit of .08 percent that the person may be expecting a driving under the influence violation when pulled over.

When an expert witness becomes part of the courtroom proceedings, he or she may need additional technology to explain the issue to the judge or jury panel, and this could lead to unorthodox processes. When these items become necessary to demonstrate certain issues, the professional may need permission from the courts to accomplish this feat.

Every fire and explosion scene has the potential to contain crucial evidence that is hidden or elusive. This evidence may be physically hidden under debris and ashes, or may be masked in the samples taken for laboratory analysis.

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.

When cryptocurrency is part of a claim either for illegal activity or to when the plaintiff needs compensation for online transactions, an expert is necessary to explain what this type of online currency is and how it affects the case. The role of this expert witness often has a greater impact in clearing confusion about what and how cryptocurrency is and works.

Two recent court rulings addressed fiduciary requirements relating to the Employee Retirement Income Security Act (ERISA).

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.

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.

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.

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.

Proper evidence gathering, documentation and sample preservation is critical to a successful fire/explosion investigation.

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.

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.

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.

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.

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".

Sampling procedures, collection procedures and testing procedures should all be evaluated when there is a question in the results.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Spinal injuries during car accidents occur with frequency when the body movements force the back and neck in one direction quickly or in opposite directions simultaneously. These incidents lead to the need for hiring a spinal surgery expert to explain the complications and possible malpractice or the difficult problems that arise in the accident.

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.

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.

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.

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.

Experts hired for accidents often reconstruct the incident from the beginning to the end where the collision occurred. There are various factors evaluated during these processes which assist in understanding how the collision occurs, and the expert is able to connect certain elements to the defendant or plaintiff to assist in proving the need for compensation.

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.

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.

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.

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.

When a person has created a will, there are often challenges to the document and terms and conditions held within by family or other dependents. However, an expert may be needed in the event that the plaintiff was left out of the will when the estate owner that has died was not of sound mind in finalizing the clauses and persons to inherit.

The report that an expert witness is tasked with creating provides the court with various details, processes and information about the evidence and incident. Through his or her knowledge and expertise, the expert is able to recreate, reconstruct or better understand the activity that lead to the injury and then places this data in the report.

Negligence cases often involve some form of negative conduct on behalf of a professional that may lead to the injury, and this then progresses through the courts for compensation. When the claim becomes complicated or confusing, the expert steps in to unravel the problem and explain certain elements and aspects for better clarification.

Various procedures depend on the expertise and knowledge of a medical expert witness when they go to trial such as incidents of medical malpractice and negligence. When working with the plaintiff, these professionals explain treatment, how an action caused further injury or if the negligence of a doctor led to the death of the patient.

Experts are often the best way to mitigate damage to a case and prove certain aspects that may ensure success for the client in receiving compensation. However, if there are multiple experts added to the claim, this could prove either beneficial or they could severely cause negative consequences which may end in failure.

The numerous processes needed to get through a case take more time than is frequently provided, and any saving time when selecting and hiring an expert witness is a blessing to the lawyer. There are various websites, other professionals and individual consultants that may provide a means to save time when selecting an expert witness, but each could either cut down or increase the time taken.

Cell phones tracking is not a common science, and various lawyers are unaware of how to proceed when facing these experts in a criminal case. The tracking and global positioning technology are known to electronic and telecommunications experts, but legal professionals have little access or understanding of what these methods entail.

Finding the right and most effective expert witness for a case is daunting and time consuming, and this leaves the lawyer often delegating the task to another person. Searching and communicating with various sources may require additional time and energy, but when the task has been efficiently delegated, the lawyer is free to perform other actions for the case.

The reports and testimony that an expert witness provides is crucial in construction site injuries where an employee or bystander harmed from the site presses a claim in civil court. The expert needs to explain to the judge or jury how the incident occurred, what injuries exist and why treatment requires compensation.

Litigation claims often are complicated, filled with confusing information and need the help of additional experts, and because of these issues, an expert witness becomes important. He or she may explain various issues to the judge or jury, and his or her testimony presents the courtroom with scientific data as well as understanding of various issues.

Expert witnesses hired for cases must pass the qualifications through federal law before testimony is admissible in a court of law. Even though many professionals claim to be an expert witness, they cannot pass the qualifications through a judge as based on the federal mandates, and this could lead to many claims with disqualification of the expert.

For various issues within or about a family, a lawyer may hire a family law expert witness to assist with explaining numerous complications and problems that are related to a case. The hiring of these professionals should be relevant to the incident, and this could lead to hiring a professionals with a different background than would be expected such as a psychologist or medical professional.

An agency may be utilized in hiring expert witnesses for a variety of reasons, and the lawyer may find this situation more beneficial than seeking each one out individually. The company that connects the professional to the lawyer does all the grunt and background work to provide the best experience for the pay given in exchange for the services.

Expert witnesses may need certification and additional training to keep up with the wants and needs of lawyers that hire these professionals for various cases. However, what is considered qualified to one lawyer does not necessarily follow to the next, and this could lead to problems with what types of certification is needed and which training should be pursued.

Plane crashes are extremely horrendous incidences where many individuals die, sustain injury or leave traumatized from the crash and events leading to it. Expert witnesses are hired to explain the causes and how the issue started which led to the eventual crash.

There are various pitfalls that exist when attempting to use an expert witness. These exist with both the lawyer and the expert, and both should become aware of what to look out for and how to ensure a lasting and beneficial relationship.

Gates and fences often cause accidents whether they are electric, slide open or require a key to open, and these barriers may harm a person to the point he or she must seek medical attention. When the gates or fences possess defects, a lawsuit may arise where damages are owed to the injured party through the use of a lawyer and expert witness.

Finding an expert witness that has experience and knowledge in the appropriate subject is often difficult for a lawyer not versed in the field of study. However, there are keyword searches and other methods available that assist these legal professionals to find the right fit so the case may proceed with all necessary individuals.

Opioids are the common thread in lawsuits where someone brings a case about physical harm due to medication such as pain relievers and pills. Litigation into these matters is frequently complicated and difficult to understand without the use of an expert witness, and these professionals present testimony about the drugs and their effects.

The lawyer and the expert witness often built a strong relationship to progress through the case and succeed with hard work and determination. However, when the professionals are unable to work together, the client may suffer, and the effect upon the case itself is often negative with severe consequences.

Expert witnesses with a background of accounting are needed when the issue in the courtroom deals with numbers, financial information and accounts at a company or small business. However, selecting the best professional for the entity is important so that the relationship between client, lawyer and expert are in sync for a more beneficial association.

The more complicated and complex types of injuries and medical conditions require the hire and use of an expert witness, and these professionals are able to explain and confirm diagnosis of these ailments. Joint injuries, diseases and medical complications necessitate additional experts that understand how the workings of the body lead to or are damaged by medical professionals.

When an expert witness is hired, he or she may have various tasks that must be completed before he or she becomes part of the courtroom and testifies on behalf of the plaintiff. If he or she is a psychologist, social worker or other person that is hired for the mental or physical health of the client, he or she may assess and help with the psychological or bodily harm caused by the defendant.