Sometimes You Need An Accident Reconstruction Expert Witness

post by: Lucas M.

Regarding vehicular accident reconstruction, by definition, this is the process of investigating using available evidence and knowledge to determine how and why the vehicle accident took place.

An accident reconstruction expert witness dedicates their efforts into the reconstruction of vehicle accidents. These not only include cars and trucks, but also trains and even airplanes – any vehicle that is involved in an accident will be studied by an expert in that specific field and category not only to determine what caused the accident, but ideally, to come up with ways to prevent it from ever happening again. These studies can be reached through a classical approach (that is, gathering physical evidence and/or performing physical tests) or through a more modern approach, such as computer simulation.

During an accident reconstruction, the Expert Witness might evaluate steering angles, braking, speed, and functionality of the ABS system among other factors. These Accident Reconstruction Experts serve as witnesses in trials as well as forensic consultant in legal matters, thus providing of crucial information to lawyers, attorneys, insurance companies, government agencies, or whichever party hired the specialist.

Accident reconstructions occur in most cases when there has been an accident that involves fatalities, or when there has been a personal injury. These are examples of when the information gathered might be taken to court. However, other than this, the studies and the analysis performed by the expert can be put to another use, that is, to develop recommendations to increase the safety of the roads and vehicles.

Sometimes You Need An Accident Reconstruction Expert Witness

Your Friendly Neighborhood Banking Expert Witness

post by: Lucas M.

Expert witnesses are used rather frequently when regarding a trial or court settlement. A Banking Expert Witness could provide his/her services either in a civil lawsuit or criminal case.

As is the case with other areas of expertise, the qualifications, credentials and licenses required may vary from one jurisdiction to another. Those qualifications would be product of the formal education of the individual.

This, complemented by the experience gathered by the person would provide a high level of expertise in the subject. Not only does a Banking Expert need field education and experience, but also an established reputation among his/her peers. Once the individual has acquired the necessary education and experience working in the banking business, preferably with experience in the corporate level of the banking industry, and then this person would be eligible to become an expert… this selection process if done by the court on a case-by-case basis.

At a civil trial, it is common that an expert in this field provide insight as to policies and procedures in common practices, loans, mortgages, as well as testifying in regards to a specific bank account and transactions involved here at a divorce settlement. A Banking Expert may also assist in a criminal trial providing information as to transactions suspicious of money laundering for example, or other criminal charges.

The different sub-areas of expertise include, but are not limited to, banking practice and operations, corporate lending, residential loans, debt recovery, trade finance, and investment / merchant banking.

Your Friendly Neighborhood Banking Expert Witness

The Much Needed Patent Infringement Expert Witness

post by Lucas M.

Patent Infringement Expert Witnesses are lawyers who specify in the infringement of right involving patent registration. A patent is an element that provides the right to produce a certain invention and ban others from doing so… this right is given to the holder of the patent.

Depending on the patent and the invention involved, this patent will have an “expiration date”; during the period of time that it is valid, only the original inventor is allowed to manufacture the product.

These experts, as previously mentioned may be hired by either party at the trial. As an expert in the area, he/she has a complete and utter understanding of the regulations involved and knows how and where to perform the necessary research to advance in the process. This expert is hired by the lawyer representing either party. The reason is that as a Patent Infringement Expert Witness, he/she has a superior knowledge, more complete understanding and grander experience in that specific field than the defending or prosecuting attorney; and as such, will present and thorough, complete and simple to understand testimony to the jury. It is common to hire an expert in the field to demonstrate that the technology or product marketed by the defense is different from that patented. In this particular field (as in the trial in general) many law-related terms are used, and the need to simply language for the jury arises… the Patent Infringement Expert satisfies these needs.

The Much Needed Patent Infringement Expert Witness

What Is An OSHA Expert Witness?

post by: Lucas M.

OSHA stands for Occupational Safety and Health Administration, which is an organization within the US that assures a safe and healthy work environment in companies and businesses along the country.

Their laws cover a broad spectrum, from the handling if innocuous chemical products to what shall be done when exposed to body fluids. These laws apply to many businesses along the nation, as previously stated, and the consequences that follow from a breach in the compliance of the laws may be fines to the business.

OSHA laws are mostly required in hazardous industries, that is, those that due to the activities performed or chemicals handled or riskiness of the operation present an elevated risk of injury or death to the workers. Some of the most common laws applied involve those that provide procedures as to how to handle body fluids and injuries…the reason is the easy spreading of numerous diseases.

An OSHA Expert Witness is a specialist on these laws and their implementing… most often the cases brought to trial involve an accident that may have occurred to a worker, thus initiating the trial process. This OSHA Expert Witness will evaluate the accident, performing all necessary research and investigation along with the gathering of evidence, and based upon the laws and regulations will reach a conclusive argument. This is to be exposed in court as a testimony presented to educate the jury and judge and reach a fair determination.

What Is An OSHA Expert Witness?

Mortgage Expert Witness In Court

post by: Lucas M.

A Mortgage Expert Witness must have a current and up-to-date knowledge of the industry around mortgages, considering areas of regulations, accepted standards, normal practices and operations performed. It is crucial that he/she dominates this information and just as important to convey it in a compelling and easy-to-understand manner.

The purpose of the testimony is to educate the jury and general audience at the court, therefore, must not only be thorough as to details and explanations given, but also, clear and to elucidate in a simple manner.

It is highly important that the individual not only relies on education but also personal work experience, field experience.  It is very useful that this individual will be a real estate attorney, since will be able to provide insight on real estate and mortgage topics, but will also understand court talk. The most common practice is that the witness provides a written testimony (in a clear, compelling manner) and also an oral testimony at the stand, in a persuasive style.

A Mortgage Expert Witness shall have the skill to provide forensic studies into loan audits; this will assure a complete gathering of information, in order to assemble a complete and thorough report. It is important to understand that, just as any other witness, he/she will be exposed to an increased amount of pressure while at the stand, and it is crucial to find a mortgage expert witness that can endure this kind of stress.

Mortgage Expert Witness In Court

Why Use A Medical Malpractice Expert Witness?

post by: Lucas M.

To begin with, Medical Malpractice is professional negligence involving a medical treatment and the consequences on the patient. This could be through act or omission and has a negative effect on the patient’s life, either causing serious and/or permanent damage or even death. It is commonly presented by mistakes made by an attending physician, most often in treatments and surgery.

Whenever the procedure that takes place fails to meet the norms and is below the accepted standards, it could be considered malpractice. It has become a common practice that physicians hire insurance against malpractice suits.

Specifically speaking, a Medical Malpractice Expert Witness is a professional that will provide a professional opinion or testimony at court in order to educate the people present in the matter. Since the cases that require the presence of these experts are medical cases and contain highly technical information, the need for an expert to be present arises. They might share the court room with a Health Care Expert Witness.

A Medical Malpractice Expert Witness necessarily is a health-care provider, most frequently a physician. Therefore, he/she must go through a minimum of four years of medical school and then, the specialization of roughly another three years (the specialization requested will depend on the case treated at court). This may, however, vary depending on the jurisdiction. Additionally to the education, medical field experience is required, and it shall be specific to the case where he/she will testify.

Why Use A Medical Malpractice Expert Witness?

Our Legal System: The Machine Design Expert Witness

post by: Lucas M.

An Expert Witness in Machine Design is dedicated to bring a testimony to court, regarding the operation of a given machine, if it was satisfactory and met the standards, or it if had flaws and presented some problems or issues. Another key issue would be the possible damage inflicted to those that operate the device.

This could be the case when a party (an individual or even an entire company) sues another for the (negative) consequences upon operating a given machine. The expert’s responsibility is to educate the jury and judge in order to arrive to a prompt and fair decision. The testimony is elaborated upon previous investigation, testing, and gathering of information. It is important to keep in mind that the expert not only has obtained a certain level of education, but also field experience over time and a good reputation among peers. These are all factors considered when approving said candidate as a machine design expert witness in court.

Generally this expert has a degree in Mechanical Engineering, and it would be highly important to have a Master’s Degree. Additionally, it would be required some sort of specialization in that specific type of machine… for example, one cannot compare the performance of a helicopter with that of an automated robot in a vehicle assembly plant or a personal computer… these are all different types of machines that may present flaws of design or operation, and a machine design expert specialized in each of them is to be required.

Our Legal System: The Machine Design Expert Witness

Slip and Fall Expert Witness

post by: Lucas M.

A Slip and Fall Expert Witness is a person qualified to provide testimony at a trial… educate the jury and people in general at the court; often (but not always) this person would be an Engineering Expert.

Considering that there are many types of injuries that may occur to a person, there are many expert witnesses, depending on the situation. Nevertheless, in every case, the expert witness must have the qualifications to perform as such. The qualifications include studies, education, and work experience.

Slip and fall is an injury caused by tripping and falling. This may occur in public spaces, work environments or just about any other place. Depending on the location of the incident and the action at the time, this may become a work related concern, or may turn into a suit directed to the government (city government for instance). One key item is the effect that this slip and fall has on the individual… it must be proven that there has been medical damage inflicted. In order to achieve this, Slip and Fall Experts come into scene, performing the pertinent investigations and dealing with gathering the necessary information. By witnessing, he/she becomes crucial to the suit, providing testimony and information to educate the audience present (jury, attorneys) in order to reach a fair outcome of the trial.

Slip and falls can result to be very serious, mainly for the elder. Depending on the severity of the injury, the recovery costs will vary… it is not the same a minor injury than a more delicate one that even requires time hospitalized.

Slip and Fall Expert Witness

The Essential Insurance Expert Witness

post by: Lucas M.

An Insurance Expert Witness is an individual with broad experience, knowledge and education of the insurance field, and is called upon to testify at a trial serving as an Expert Witness.

As is the case for other expert witnesses, they are used to provide information, insight and a clear education in order to be able to educate the audience, composed of the layers, judge and jury. In addition to the individual’s education and training, the hiring party does seek for field experience; it is recommended that the expert has built a reputation and credibility upon him/her, through papers published, studies, investigation and peer recommendation.

One common reason to hire an Insurance Expert Witness is simply to explain facts regarding an insurance related matter at court. Additionally, we can find these experts providing insight as to policies and procedures followed, regulations that apply to a company, to the insurance policy. When, for example, there is a case of an individual suing an insurance company for not providing reparations regarding an accident that may have occurred, the expert will evaluate the valid insurance policy and provide a testimony explaining points of it and reasons behind the company’s decision.

As is the case for other Expert Witnesses, these can be cross examined by the opposing counsel; it is rather common that the opposing party’s lawyer attempts to undermine the insurance expert witness’  testimony relaying on the circumstance that it is mere opinion and not fact.

The Essential Insurance Expert Witness

Cases Where A Medical Expert Witness Can Help You

post by: MV M.

A medical expert witness is an expert in medical field, who gives his expert opinion, on medical related issues in a case in court.

Following are five types of cases, in which a medical expert witness can help you.

1. Murder Trials

A forensic medicine expert can investigate a murder case, and can collect evidences and submit in the court, and give his expert opinion in the court. He can visit the crime scene and collect valuable evidences like fingerprints; blood samples, hair, or any other things left by the culprit and can match them with all suspects to confirm who the culprit is.

2. Medical Malpractice Cases

When a physician or surgeon does something wrongful, intentionally or out of negligence, which results in an injury to the patient or worsens his condition, it is malpractice. A medical expert can study the patient’s medical reports thoroughly, and find out what the actual condition of patient was and what procedures were done by the doctor in question. And then using his expert knowledge in the field, he can find out whether any malpractice was done by the doctor.

3. Medical Insurance Cases

A medical expert witness can study a medical insurance claim thoroughly, to find out whether it is a genuine claim. He can go through the patient’s medical reports, and can personally examine the patient to find out, whether, what he claims is true or not.

4. Accident Cases

Accidents can leave a person dead or make him seriously injured, such a way that his normal life is affected, either temporarily or permanently, depending upon the level and seriousness of the injury. A medical expert witness can study the case thoroughly and find out the level of injury, and corresponding economic loss, to the person injured. He can determine the amount spent on treating the injury, and loss of income, because of not able to work. By considering his expert opinion, court can decide on the compensation amount.

5. Injuries Resulting from the Use of a Product or Service

Sometimes injuries can happen while using a product or service. Examples are food products. You may get affected by food poisoning while using a food product which is contaminated. This may lead to either minor or major problems. A medical expert witness can study the case, using samples of the food product used and find out whether that was the actual reason, for the claimant’s medical condition, and get him compensation from the manufacturer of the product.

A medical expert witness is a very important person, in today’s legal world. He can be of great help to legal professionals, by giving his expert opinion, on medical related issues, in cases, and thus helping to solve the case and make the judgement.

Cases Where A Medical Expert Witness Can Help You