Expert Witness Blog

Disability insurance expert witnesses may write reports and opine on managed care, HMOs, and insurance claims. Medical expert Richard N. Podell, M.D., M.P.H. explains that for someone with fibromyalgia, it’s a difficult step to apply for disability and upsetting if an insurance company representative appears not to believe that they are actually very ill. He says the patient can improve their fibromyalgia disability claim by imagining themselves in the medical insurance examiner’s place.

Medical Expert Witness Issue #1:

Your insurance company isn’t allowed to assume that you are telling the truth just because you say so. Insurance companies have learned by hard experience with other forms of illness that a few individuals exaggerate their symptoms. Therefore, a disability insurance company has not only the right, but an obligation to satisfy themselves that the claims they pay are, in fact, valid.

Media analysis expert witnesses may write reports and testify on mass media and related topics. In What the #$%& is Social Marketing?!! Media Communications Association- International member Susan Solomon writes:

Relationships begin with conversations. With the advent of social marketing, technology has shifted the power away from editors, publishers and the establishment to the people.

According to a recent Edelman Trust Barometer survey, people are saying, “I can no longer rely on a single source of information. The omniscient, all-powerful, single source – whether it’s a news anchor, doctor, CEO or government is gone.” One of the most trusted sources of information is word of mouth, from friends and family. When you develop a social marketing strategy for your product or service, think of it as a conversation – not a campaign. This second of our 2-part series will cover the broad functions of MySpace, Twitter and You Tube, within the social marketing landscape.

Insurance claims expert witnesses may opine on insurance companies, bad faith, liability insurance, and related topics. In When Insurers Hide Behind their Experts in Texas, Sergio V. Leal, Esq. writes:

The Texas Supreme Court stated that an insurer’s reliance upon an expert’s report alone will not necessarily shield the insurer from liability if there is evidence that the report was not objectively prepared or the insurer’s reliance was unreasonable. Overturning an intermediate appellate court decision, the Texas Supreme Court found that there was evidence to support the jury’s finding that the insurer denied the claim in bad faith because there was evidence from which the jury could infer that HAAG’s reports were not objectively prepared, that the insurer was aware of HAAG’s lack of objectivity, and that the insurer’s reliance on the reports was merely pretextual.

Nicolau reaffirmed the long-established idea that insurance companies cannot expect their experts’ reports alone to shield them from bad faith liability.

Water pollution expert witnesses may opine on soil contamination, sewers, sewage treatment, and related topics. On their website, Water & Environmental Technologies offers links to state and federal environmental agencies, organizations, and news.

See: http://www.wet-llc.com/links.html.

Wood expert witnesses may write reports and opine on lumber, plywood, saw mills, pressed wood products, and related topics. The Wood Shop Consultancy offers ways to avoid disputes in Wood: Avoiding the pitfalls – How a basic understanding of timber technology can help to avoid problems in use:

One other significant factor related to moisture content is the susceptibility of timber to decay. Wood destroying fungi, often responsible for timber decay in buildings and wooden structures, require timber to have a moisture content in excess of 22% for a prolonged period in order for them to become established and sustain their attack. However, a higher moisture content is one of the factors required by the fungi for optimum growth. For example, the true dry rot fungus, Serpula lacrymans, favours a moisture content of around 30-40%, while many of the wet rot fungi require a moisture content of around 50%.

Moisture content is of course just one factor when considering using timber. There is a wide range of industry standards and guidelines relating to timber specification to ensure that the correct timber is used in respect of durability, strength, appearance, movement characteristics etc.

In Understanding Copyright Issues in the Digital Age IP professor and copyright law expert witness Dr. E. Michael Harrington covers a broad range of topics relating to file sharing, copyright law, fair use, and the future of music. He gives a thorough explanation of what is considered fair use and what isn’t, and warns of the dangers of setting legal limitations on technology before it has had a chance to enter the marketplace. See: artistshousemusic.org.

In Public Safety Experts: No Longer “The Retired Cop,” emergency communications and 911 expert witness Charles D. Carter writes:

Just as in all other professions, emergency communications receives its fair share of lawsuits for negligence. Who will provide the attorney with the expertise to understand the “standard of care” within the emergency communications profession? Just as in other professions, experience as a member of the profession doesn’t qualify someone to educate the attorneys and a jury about the complexities of hiring, training, directives, quality controls, performance evaluations, and the phases of a 9-1-1 call and the potential for negligence within each phase. Nor will they be familiar with federal and state laws regulating 9-1-1.

The 9-1-1 litigation consultant should have experience working in an emergency communications center, training other employees, and managing the overall system. They should have experience in developing training programs, implementing those programs, and provide quality controls to ensure the programs are carried out by each individual as intended. They should be experienced in establishing hiring criteria and developing policies and procedures for emergency communications. The must be familiar with all federal and state laws that regulate 9-1-1 in their state. A bonus would to be a legislative consultant in 9-1-1 affairs.

Automotive braking expert witnesses may opine on brake failure, brake trouble, and related topics. In How well do you know your brakes? Peter D. duPre, iCARumba’s Content Editor, gives tips that will help you stop safely and alert you to possible brake problems:

Brake warning light — If the brake system warning light comes on while you are driving, it usually means you haven’t released the parking brake fully or have lost hydraulic pressure in one or both of the brake circuits. Check the parking brake first and if the light is still on, get the vehicle to a brake specialist quickly. I recommend slowing down, pulling over to the side, calling a tow truck.

Mushy pedal or no pedal — If the pedal feels mushy or falls to the floor, you’ve got a hydraulic problem that needs immediate attention. Don’t drive the vehicle. Call a tow truck and get the vehicle to a brake specialist immediately.

Insurance claims expert witnesses may opine on insurance companies, bad faith, liability insurance, and related topics. In When Insurers Hide Behind their Experts in Texas, Sergio V. Leal, Esq. writes:

In State Farm Lloyds v. Nicolau, 951 S.W.2d 444 (Tex. 1997) a homeowner filed a lawsuit against its insurer for foundation and other structural damage that resulted from a plumbing leak that introduced water into the clay subsoil. The insurer retained an expert, HAAG Engineering¸ to conduct a study on the homeowner’s claim. It was established in Nicolau that the insurer hired HAAG Engineering with the belief that HAAG Engineering generally believed that leaks beneath a house would not cause foundation movement. As expected, the HAAG engineer concluded that there was no damage near the leak, but evidence showed that his investigation was not thorough because: (1) he did not isolate the leak; (2) he failed to determine the leak’s severity; and (3) he did not take any soil samples. The HAAG report concluded that the plumbing leak had not caused the damage, and the insurer denied the claim based on the HAAG report.

Read more: http://www.propertyinsurancecoveragelaw.com/