In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:
Today, more than at any other time, many cases are settled, won or lost based on the testimony of the expert witness. The real difference between an expert who will help make or break your case is the depth and range of the expert’s experience within the industry involved in the litigation.
I am often asked in an initial interview “How many times have you testified at trial?” I have been involved in many cases. I am proud to say, however, that very few have gone to trial, but instead have been settled in my client’s favor, commonly after submitting my expert report, supplementary expert report or rebuttal reports. The point is that the right expert is not necessarily the one who has gone to court the most. No expert can turn a case without warrant into a success, but the right expert can highlight the strong parts of your case with enough credibility to produce a beneficial outcome.
If you feel you have a marginal case, an expert can assist you in framing the issues and facts. A qualified expert will possess the industry experience to instantly spot where industry standards and practices have been violated and can explain why these departures are important for your case. The expert has likely also seen and participated in similar cases so he can translate evidence into causation. You may lose this very valuable assistance if an expert is retained late in the process.