{"id":5531,"date":"2011-05-01T14:05:18","date_gmt":"2011-05-01T20:05:18","guid":{"rendered":"https:\/\/www.textrial.com\/daubert-proofing-experts\/"},"modified":"2019-03-07T17:17:04","modified_gmt":"2019-03-07T17:17:04","slug":"daubert-proofing-experts","status":"publish","type":"post","link":"https:\/\/www.textrial.com\/es\/daubert-proofing-experts\/","title":{"rendered":"Daubert- Proofing Your Experts"},"content":{"rendered":"
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  1. Introduction<\/strong><\/li>\n<\/ol>\n

    Experts are one of the most valuable and difficult tools in a litigator\u2019s arsenal.\u00a0 Preparing your expert for pre-trial challenges is imperative to any complex litigation.<\/p>\n

    Experts are expensive.\u00a0 After an expert is retained, briefed, prepared, designated, and deposed, they can cost several thousand dollars.\u00a0 It would be a financial drain to have the expert disqualified just prior to trial and could spell disaster for a client\u2019s case.<\/p>\n

    An attorney who hires an expert must attempt to determine the admissibility of that expert\u2019s opinions.\u00a0 This paper will examine how the trial and appellate courts have recently treated experts in various types of cases.\u00a0 It will also explore strategies for using experts in identifying potential parties, developing theories of liability, and through the discovery process. Finally, the paper includes a discussion on general strategies for keeping and excluding experts.<\/p>\n

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    1. Hiring Experts<\/strong><\/li>\n<\/ol>\n
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      1. Deciding to Hire an Expert<\/strong><\/li>\n<\/ol>\n

        Because retained experts are expensive, it is necessary to consider the overall potential cost of the expert when compared to your client\u2019s potential recovery.\u00a0 They should only be used when the value of their opinions is compared to the damages alleged.\u00a0 Also consider whether individuals who already have personal knowledge of the incident or unretained experts may be used instead of paying for a retained expert.\u00a0 Sometimes treating physicians and first responders (i.e., law enforcement) may have the requisite knowledge, skill, and expertise to provide expert testimony about the issues present in your case.<\/p>\n

        Finally, consider the nature of your case and the complexity of the issues at hand. The cost of an expert may not be justified when the issues before the potential jury are not complex.\u00a0 Remember, the rules of evidence set standards for expert admissibility \u2014 one of which is helpfulness to the jury.\u00a0 So, consider whether the issues in your case are ones a lay person could understand when presented with a clear presentation of the evidence.\u00a0 If there are complexities regarding policy, design, medical causation, or other areas outside general public knowledge, you probably need an expert.<\/p>\n

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        1. So You Decide You Need an Expert \u2014 Who do you get?<\/strong><\/li>\n<\/ol>\n

          Once you decide you need an expert, you will need to determine what type of expert you need.\u00a0 To do this you will need a clear understanding of exactly what issues you are seeking expert testimony to prove.\u00a0 Once you have that understanding, start thinking about the educational skills, experience, and training an expert in that particular area would need.\u00a0 Remember, experts must be qualified by education, training, skill, experience, or knowledge in the area you seek to admit their testimony.<\/p>\n

          There are multiple places to locate experts and multiple things to consider when deciding who to hire. Some ways to locate potential experts include:<\/p>\n