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ChatDid you know that working with expert witnesses may play a large role in the outcome of your personal injury case? Recently, I had the honor of presenting a 90-minute learning session to other members of the Rhode Island Bar Association.
From my presentation, I will share with you my 7 best practices in working with expert witnesses that can help you win your case!
At Bottaro Injury Lawyers, we have a track record of success in Rhode Island and Massachusetts personal injury cases. If you suffer a personal injury due to someone else’s negligence, call us. We are passionate about our profession and offer 24/7 free case reviews to our potential clients, like you.
Attorney Mike Bottaro with Attorney Sean Brousseau Presenting to Members of The Rhode Island Bar Association on October 20, 2023.
Can I Use Expert Witness Testimony in My Personal Injury Case? If So, How?
Yes. As a plaintiff in a pending RI or MA personal injury lawsuit, your personal injury lawyer is permitted to hire expert witnesses. In fact, it is your burden to prove the elements of your case and expert witnesses may assist you in meeting that burden of proof.
What Are 7 Best Practices in Using Expert Witnesses in RI and MA Personal Injury Cases?
There are numerous best practices that a personal injury lawyer should consider when working with expert witnesses. Since we are the firm with the 777-7777 phone number, I will mention 7 tips here. But as our client, know that this is something we speak to you about as your case progresses to ensure a customized legal strategy in your case.
1. Brainstorm.
First, there should be time set aside to brainstorm at the outset of your case if using expert witnesses is appropriate, and if so, what type(s) of field of specialty could benefit your case. Not every case requires or benefits from expert witnesses and they are expensive and time consuming to employ. Further, under the Rules of Civil Procedure, you have the option to determine whether you simply wish to hire a “consulting expert” versus a “testifying expert.” Your personal injury lawyer can review these options with you.
2. Prepare Before You Engage the Expert(s).
Second, the best personal injury lawyers understand that they themselves need to prepare and understand the evidence and expert issues before approaching a potential expert witness. What are the potential issues and evidence that are relevant? At our personal injury law firm, our lawyers take the time and effort to analyze, research, and organize these topics before we approach any potential expert witness.
3. Retain a Compelling Expert.
Third, whether it is a car accident, nursing home wrongful death case, or other type of personal injury case, the best lawyers work hard to hire a compelling expert witness. This starts with the lawyers knowing the case and then taking time to interview potential expert witnesses.
4. Work with Your Personal Injury Expert(s).
Once you settle on a personal injury case expert or experts(s), there is much work ahead of you. This includes collaborating to ensure you are effectively communicating and sharing information, testing theories, and otherwise understanding the nuances of your case. Every case has strengths and weaknesses, so be sure to dig into the issues. For example, it is essential that your personal injury attorney works with the expert in preparing for written discovery and fact depositions.
5. Finalize the Disclosure or Report.
As fact discovery in your case winds down, it becomes time to make sure that you have supplemented all evidence to your expert and are working to finalize the final opinions and bases thereof, in compliance with Rule 26.
6. Review Your Opponent’s Expert.
At this stage of your case, your opponent may also disclose their own expert witness(s). When this occurs, your lawyer should share such reports and information with your own expert. In doping so, we are looking for ways to discredit or minimize your opponent’s opinions and highlight why your expert is more credible.
7. Prepare for Expert Depositions and Trial.
As we continue down the chronology of a personal injury lawsuit, we come to the grand finale – expert depositions, and if necessary, trial itself. There are many best practices in this arena. Indeed, experts have written books about each of these topics. Two best practices to highlight include: (1) ensuring that you set aside a maximum amount of time for each of these events and (2) round tabling your case not only with your expert, but also to others such as focus groups.
Thanks for reading today! I hope you can see that my team and I are passionate about working for you, our injured client! If your client, yourself, or another loved has suffered personal injuries, we want to be your lawyer… We will fight for the settlement that you deserve to be compensated!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we handle all types of personal injury cases, every day. We pride ourselves on our honesty, integrity, and results. Our experienced legal team is here to fight for your rights. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form.
