Picking a good expert is important for your case. It serves two purposes, for your adversary to evaluate your damages before trial, and for you to prepare for trial. A good expert will help settle your case. Experts will typically be in opposition to one another. It is always best to get an actual treating expert doctor in your medical malpractice or personal injury case. They are far more convincing to a jury.
Once your law suit is begun you as the injured party will have to attend an independent medical exam. Believe me there is nothing independent about it. The insurance company or municipal entity paid for, is advised by, and often uses the same expert time and again. In fact many defense experts make the vast majority of their living doing these so called: “independent medical exams.” They have no responsibility for the care and treatment of the injured party. Their job is to minimize the damages in your case, under a specious air of so called objectivity.
You know differently. You as the injured party know the nature and extent of your own suffering. This is why you alone are in the best position to determine the value of your damages with the advice and consultation of your lawyer. Picture yourself, in one, five, ten or twenty years and what you need and what you can expect a jury to award.
You may feel pressured by a series of unpaid bills. You may feel pressured by not being able to work. You should be patient. The case may be premature for settlement. The Defense firms may try to file a motion seeking summary judgment, and will not consider settlement of you case, until they can see if they can get the case dismissed on their lack of culpability or fault.
This type of motion only comes long after the discovery phase of the case has begun. Near the end of all matters before the trial has begun. Once the motion is submitted then a judge can take two or more months to decide your motion. It may be sooner if the Court will hear your motion in oral argument and make a decision based on the arguments that recites the contents of the motion as they follow along while seated on the bench. Believe when I say judges do not have time to waste, if you go into some courtrooms you will see how many trees attorney can kill, with all the stacks of paper. A-lot…
In this case if the Defendant wins the case during this motion then the issue is dispositive to dismissal. That is why they call a summary judgment motion a dispositive motion. It could potentially end the case. If not, it only means the case now proceeds to a trial by jury.
You need a relevant expert who writes up an expert report or medical narrative that is exchanged with the Defendants and vice versa. These expert reports can range from about one thousand dollars to as high as five to ten thousand dollars or more, depending on the complexity of the report. For example, if it is a psychological report, then likely there was some degree of testing (if there is an allegation of a disability), and or a time consuming evaluation of the injured person.
The expert doctor report should be affirmed under penalties of perjury, while a radiological report can come in without a doctor affirmation, the same is true of all expert reports that should be notarized as a document that is now admissible in a dispositive motion.
Along with the expert report will be a CV Curriculum Vitale, which is a fancy way of saying the expert’s resume. It may include a long list of publications and or education and experience of the professional. They attorneys may go through these reports to determine if there is some argument they can make in their favor and that contradicts the expert report as submitted and exchanged.
Here are some examples of experts:
Expert Doctor
Expert Psychologist
Expert Psychiatrist
Expert Orthopedic Surgeon
Expert in Economics
Expert Life Care Planner
Expert Engineer
Expert Architect
Expert Toxicologist
Expert in Police Procedures
Expert in Security
Expert K9 Trainer
Expert Radiologist
Expert Neurologist
Expert Neurological Radiologist
Expert in Vocational Rehabilitation
Expert Plastic Surgeon
Etc….
This list is by no means comprehensive, far from it…There are experts in many disciplines, and any expert who can base their report on a scientific theory and have specialized training, knowledge, and experience in the expert field could have the potential to qualify as an expert. They may be an auto mechanic or brain surgeon. The expert should have a scientific basis for their opinion or measurement or standard of the discipline in which they have their specialized, training, knowledge, and experience for a medical doctor board certification is important.
An attorney may challenge the validity of the expert’s report. This could be done outside the hearing of the jury. With only the judge and the lawyers asking questions to see if the testimony of the expert is admissible before a jury. If an expert is not permitted to testify, either because the testimony was not in their report or the expert does not qualify as an expert for the particular facts in the case, this can be very disappointing.
Much time, effort, and energy (not to say money), was spent on procuring the expert, and their report, and for their time appearing at trial. This is why the selection of your expert is critical, and is a costly mistake that you do not want to make. The use of an expert will help your lawyer to evaluate the damages of your case, and do what non-experts often cannot. Paint an accurate description of an injury or event; the prognosis for recovery; cost of medical treatment; nature and extent of a physical or mental disability; recreate an accident, and explain the basic science that is strong and powerful evidence for the jurors.
Nothing in this blog is meant to be formal legal advice, seek the advice of a lawyer who can understand your case and the specific facts involved.
Manuel Moses, Esq.
236 West 26th Street Suite 303
New York, New York 10001
(212) 736-2624 x11
Picking a good expert for trial in your personal injury or medical malpractice case. was originally published on Manuel Moses Law Office – New York, NY | Personal Injury Attorney | Free Consultation (212) 736-2624 Ext. 11