Expert Witness Blog

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

If you feel you have a marginal case, an expert can assist you in framing the issues and facts. A qualified expert will possess the industry experience to instantly spot where industry standards and practices have been violated and can explain why these departures are important for your case. The expert has likely also seen and participated in similar cases so he can translate evidence into causation. You may lose this very valuable assistance if an expert is retained late in the process.

Another detrimental aspect of retaining the expert too late is retaining him or her after the discovery period is closed. A qualified expert can tell you exactly where to look for potentially damaging evidence on your adversary, which may support your position. What may not seem important or relevant may in fact be the smoking gun you are looking for. Attorneys know the law and are experts in the law. They often do not know the intricacies, nuances, and particulars of specific industries such as heavy or site-work construction methods, means and industry standards that apply to them.

In Working with Experts Part I, accident investigation expert witness R. Craig Jerner, PhD, PE, writes:

..Put your expert on board EARLY. Don’t wait until literally “the last minute.” How many times have I heard, “Dr. Jerner, I need your help; these are the facts; can you help me? I have to designate an expert today or tomorrow!” Attorneys who wait until “the last minute” are shortchanging themselves and their clients by not utilizing an expert’s years of experience….Some, but certainly not all of the advantages of getting your expert “on board early” are:

1. Early examination of evidence might confirm (or deny) that viable litigation exists.

In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

Today, more than at any other time, many cases are settled, won or lost based on the testimony of the expert witness. The real difference between an expert who will help make or break your case is the depth and range of the expert’s experience within the industry involved in the litigation.

I am often asked in an initial interview “How many times have you testified at trial?” I have been involved in many cases. I am proud to say, however, that very few have gone to trial, but instead have been settled in my client’s favor, commonly after submitting my expert report, supplementary expert report or rebuttal reports. The point is that the right expert is not necessarily the one who has gone to court the most. No expert can turn a case without warrant into a success, but the right expert can highlight the strong parts of your case with enough credibility to produce a beneficial outcome.