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Occupational and environmental health expert witness Dr. David Egilman is concerned about two cases of Parkinson’s disease that he recently encountered in employees from one of the largest flavoring companies in the country. seattlepi.com writes:

It has been repeatedly documented that inhalation of vapors from diacetyl butter flavoring has destroy lungs of scores of workers at popcorn plants and in other industries involving flavoring agents…Egilman, who has served as an expert witness for many workers reportedly injured by exposure to diacetyl, says the Food and Drug Administration and the companies manufacturing, using and selling flavoring agents must be held accountable for exposing workers, and in some cases, the public, to toxic food additives that remain untested for adverse effects.

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Former NYPD detective James M. Gannalo is a forensic firearms consultant, firearms and ballistics expert witness and President of Stria Consulting Group. He describes aspects of firearms identification:

1) Microscopic Analysis of Ballistic Evidence – visual assessment of firearm related toolmarks using a comparison microscope to evaluate an agreement or disagreement of class and individual characteristics. Bullets, bullet fragments, cartridge cases and live ammunition can be examined and evaluated using this scientific method.

2) Shooting Incident Reconstruction – use of precise measurements, digital imaging, bullet damage assessment and crime scene sketches to reconstruct shooting incidents. This can be used by both the prosecution and defense in cases where questions are raised as to the actual location of the person discharging a firearm or when witness statements fail to coincide with the physical evidence.

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Insurance attorney and bad faith expert witness Steven Plitt is the current author of Couch On Insurance 3d. His expert practice involves the analysis of complex insurance coverage and bad faith claims in both the 1st party property and 3rd party liability contexts.

COUCH ON INSURANCE 3D is the authoritative source for expert guidance on almost any insurance law question. It provides coverage on virtually every type of insurance in every phase of insurance law: substantive and procedural, state and federal, case and statutory. The treatise series contains 23 substantive volumes and also is supplemented with COUCH ON INSURANCE FORMS 3D which contains nearly 1,000 forms for insurance litigation in the business of insurance. The Couch treatise has been cited thousands of times by attorneys and courts each year as being the authoritative source of insurance law.

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An expert witness’s qualifications to testify may be challenged when the witness is qualified as an expert in one area, and the attorney asks for the expert’s opinion in a related area. The closer the new area of inquiry is to the area in which the witness is clearly qualified as an expert, the more likely the judge will allow the witness to give an expert opinion. For example, a nursing home expert witness may be able to testify regarding assisted living, geriatrics, etc. Professional degrees, training, and education are not necessarily required. Practical experience may be equally suitable. Since judges have leeway in making evidentiary decisions, best arguments in the case should be made in the trial court. There is little chance of reversal on appeal for errors concerning an expert’s qualifications.

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In What is a Physiatrist? Board Certified Physiatrist and Independent Medical Examiner J. William Wellborn, M.D, tells us that a physiatrist (fiz eye’ a trist) is a medical doctor who after medical school attends a 3-4 year residency in Physical Medicine and Rehabilitation. Physiatry is a non-surgical specialty treating musculoskeletal and neurological conditions. Wellborn, an independent medical examinations expert witness, also writes:

Physiatrists treat a variety of medical conditions and injuries including catastrophic injuries such as spinal cord injury, traumatic brain injury and amputations….Physiatrists may treat sports injuries, occupational injuries and many conditions involving the spine. Their expertise often allows patients to avoid surgery. They are frequently asked by other physicians to perform electrodiagnostic studies (EMG / NCS) to evaluate such conditions as carpal tunnel syndrome, pinched nerves in the neck and back and other nerve and muscle conditions. They may also treat chronic pain syndrome and provide therapeutic injections to the spine and extremities.

For more, see http://www.physmedexpert.com/index.htm.

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There can be advantages in using an expert witness who has never testified at trial before. Juries may respond positively to an expert who avoids the “hired gun” or “professional witness” label. Whether auditioning the expert who has never testified or the seasoned expert, it is important to determine whether the expert can respond well to instructions, has jury appeal, and can stand up well to cross-examination. When hiring an education and schools expert witness, for instance, can they explain their areas of expertise such as special education, school districts, staff dismissal, and staff hiring, clearly to the jury?

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Hiring the child abuse expert witness early on in your case will benefit you in several ways. These include:

1) The expert can advise you of past or pending cases with similar issues involving the physical, emotional, or sexual mistreatment of children.

2) They can put you in touch with the attorneys and witnesses from those cases.

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Retain your expert witness as early as possible. The first advantage is that the expert can help you decide if the case is questionable or a no-merit case before you have spent time and money on it. If that determination is made, defense counsel will gain strength in their argument for summary judgment or a lower settlement.

The expert can also educate you to gain a working knowledge on an esoteric subject. For example, a weather and meteorology expert witness can supply books and articles for you to get an understanding of aviation meteorology, air dispersion, air visibility, and satellite imagery analysis, as well as other topics.

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When hiring an expert witness, contact the expert personally. Determine that there is no conflict of interest and that they have the expertise necessary for your case. Also take into consideration that expert witnesses may be hired as consultants. For example, a toxicology expert witness can help you evaluate your case, assist in developing the case, educate counsel, and suggest experts to be hired to testify. They will be knowledgeable and can opine regarding toxic chemicals exposure, asbestosis, benzene, carcinogenesis, chemical burns, and chemical spills as well as provide reports on chemical toxicology, drug toxicology, and forensic toxicology.

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Since jurors sometimes give more weight to expert witness testimony than to lay opinions or closing arguments, finding topics in your case that are sufficiently beyond common experience will permit expert testimony. You may need to be imaginative in coming up with ideas for expert testimony. For example, industrial hygiene expert witnesses can be used in many ways. They are prepared to opine and write reorts on chemical hygiene plans, environmental management systems, industrial accident reconstruction, industrial chemicals, industrial chemical toxicology, industrial cleaning, industrial exhaust systems, industrial hygiene engineering, and industrial toxicology, among other topics. If your expert is not allowed to testify, be prepared with other testimony or evidence. It may also be possible to include the information in your closing argument.