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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.

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Trucking industry experts witnesses may consult on issues involving interstate motor carrier operations, trucking and transportation rules and regulations, and more.

In the news last week, Los Angeles and Long Beach ports terminal operators have reached a settlement with the California Attorney General over diesel emissions. AG Kamala D. Harris alleged the terminals violated Proposition 65.

Read more: truckinginfo.com.

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Disability insurance expert witnesses may opine on disability income insurance, and disability insurance claims, among other topics. Insurancelocal.com reports:

Nearly 40% of working people have disability insurance while 70% have life insurance. For many Americans the thought of a long term disability seems much less likely than death. However, the facts show that one in five people between the ages 35 and 65 will become disabled for at least five years. We are three times more likely to become disabled during this time than to die, yet most still don’t have disability insurance.

Read more: insurancelocal.com

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In Another Example of the Importance of Experts, Michael J. Sacopulos, Esq., writes:

Earlier this month a Galveston County Texas Judge dismissed a medical malpractice claim against Mainland Center Hospital. The malpractice action had been brought by Jim Howard, III. Howard alleged that the emergency room staff at Mainland Center Hospital broke his femur in March of 2009. Howard’s action was originally filed on June 13, 2010. The Court ordered Howard to present an expert report that supported his claims of professional negligence within a 120 day time frame. That time frame ended February 23, 2011. Counsel for the defendant notified the Court that an expert report had not been filed and requested that Howard’s action be dismissed. Approximately 13 months after the initiation of the litigation, the suit was dismissed by the Court for Howard’s failure to provide an expert report.

At this time, Howard is incarcerated in the Texas Department of the Criminal Justice System for intoxicated manslaughter and intoxicated assault. This case underscores several important facts about medical malpractice litigation. First, it is easier for a patient to bring a suit than it is for a defendant to have the suit dismissed. Secondly, an expert witness is a critical component to medical malpractice actions.

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Property insurance expert witness Burl Daniel, CPCU, CIC, CRM, writes that business owners require customized property insurance for:

* Buildings and Business Personal Property * Construction projects (Builders Risk, Inland Marine, Equipment Floaters)

* Cargo in transit over land or sea (Ocean and Inland Marine, import / export, offshore drilling rigs)

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In Are You Waiting Too Long To Hire An Expert?, construction site expert witness William Gulya, Jr., President & CEO, Middlesex Trenching Company, writes:

What an expert does not know can and likely will hurt your case. It is widely accepted knowledge that a good lawyer never asks a question to which they don’t already know the answer; so it is with an expert. By withholding facts or materials that you think are not relevant or may not enhance your case, you run the risk of allowing your expert to be ambushed, surprised and/or embarrassed. Expert witness testimony is invaluable and can be summed up in one word — credibility. You are better served by providing the expert everything.

The experienced and ethical expert is not interested in running up unnecessary bills to the client. They are concerned about having all the information, being kept informed about developments, and having access to the attorney or attorneys on the case. An open line of communication builds confidence for both the expert and the client and enables your expert to reach out to you with new ideas, discoveries and materials that provide for the best possible performance at depositions and trial. New technologies such as online meetings improve collaboration and reduce cost for travel.

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In Executive Protection & Travel Security, risk assessment expert witness Ira S. Somerson, CPP, CSC, writes:

An executive protection program could involve the delivery of concise briefing statements to executives traveling abroad,

or having a crisis management response to the abduction or assassination of a key executive. The key is to assess the degree and nature of risks that affect strategic executives and, consequently, their organization. The goal is to prepare a reasonable and effective program to deter, deny, detect,

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Trucking accidents expert witnesses may opine on qualifications of truck drivers, and federal motor vehicle safety standards, as well as related issues. In Driver Distraction Countermeasures, The American Transportation Research Institute writes:

As a follow-on to FMCSA-sponsored research that quantified and analyzed the role of cell phones in the trucking industry, ATRI is now participating on an FMCSA-sponsored research study to identify and assess different driver distraction countermeasures with an emphasis on technology-based distraction. The assessment will include the identification and efficacy of both existing and emerging countermeasure tools.

Read more: atri-online.org.

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In Fraud Prevention & Ethics Programs, risk management plans expert witness Ira S. Somerson, CPP, CSC, writes:

The vast majority of organizations do have an ethics policy. But if you ask the employees of these organizations if they have read this policy, they will reluctantly confess that they did not even know that one existed! Fraud is preventable and the critical potential from this risk can be mitigated. Federal corporate sentencing guidelines specifically advise that the presence of a workable and active crime prevention program within the organization will bear significantly upon the verdict and size of penalty. An ethics policy and its procedures must be something that employees can rely upon on a day-to-day basis. The ingredients include providing employees with the capability to anonymously report concerns, giving employees availability to advice when concerned with ethical decisions, and providing awareness and orientation programs to new and existing staff. Of course, senior executives set the tone for this objective and their awareness of how they are perceived is critical to the message delivered. Fraud prevention is also a matter of defensive strategy. Specific audits or risk assessments that identify serious potential fraud may assist in narrowing defensive strategy focus.