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Insurance attorney and bad faith expert witness Steven Plitt is the current author of Couch On Insurance 3d. His expert practice involves the analysis of complex insurance coverage and bad faith claims in both the 1st party property and 3rd party liability contexts.

COUCH ON INSURANCE 3D is the authoritative source for expert guidance on almost any insurance law question. It provides coverage on virtually every type of insurance in every phase of insurance law: substantive and procedural, state and federal, case and statutory. The treatise series contains 23 substantive volumes and also is supplemented with COUCH ON INSURANCE FORMS 3D which contains nearly 1,000 forms for insurance litigation in the business of insurance. The Couch treatise has been cited thousands of times by attorneys and courts each year as being the authoritative source of insurance law.

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An expert witness’s qualifications to testify may be challenged when the witness is qualified as an expert in one area, and the attorney asks for the expert’s opinion in a related area. The closer the new area of inquiry is to the area in which the witness is clearly qualified as an expert, the more likely the judge will allow the witness to give an expert opinion. For example, a nursing home expert witness may be able to testify regarding assisted living, geriatrics, etc. Professional degrees, training, and education are not necessarily required. Practical experience may be equally suitable. Since judges have leeway in making evidentiary decisions, best arguments in the case should be made in the trial court. There is little chance of reversal on appeal for errors concerning an expert’s qualifications.

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In What is a Physiatrist? Board Certified Physiatrist and Independent Medical Examiner J. William Wellborn, M.D, tells us that a physiatrist (fiz eye’ a trist) is a medical doctor who after medical school attends a 3-4 year residency in Physical Medicine and Rehabilitation. Physiatry is a non-surgical specialty treating musculoskeletal and neurological conditions. Wellborn, an independent medical examinations expert witness, also writes:

Physiatrists treat a variety of medical conditions and injuries including catastrophic injuries such as spinal cord injury, traumatic brain injury and amputations….Physiatrists may treat sports injuries, occupational injuries and many conditions involving the spine. Their expertise often allows patients to avoid surgery. They are frequently asked by other physicians to perform electrodiagnostic studies (EMG / NCS) to evaluate such conditions as carpal tunnel syndrome, pinched nerves in the neck and back and other nerve and muscle conditions. They may also treat chronic pain syndrome and provide therapeutic injections to the spine and extremities.

For more, see http://www.physmedexpert.com/index.htm.

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There can be advantages in using an expert witness who has never testified at trial before. Juries may respond positively to an expert who avoids the “hired gun” or “professional witness” label. Whether auditioning the expert who has never testified or the seasoned expert, it is important to determine whether the expert can respond well to instructions, has jury appeal, and can stand up well to cross-examination. When hiring an education and schools expert witness, for instance, can they explain their areas of expertise such as special education, school districts, staff dismissal, and staff hiring, clearly to the jury?

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Hiring the child abuse expert witness early on in your case will benefit you in several ways. These include:

1) The expert can advise you of past or pending cases with similar issues involving the physical, emotional, or sexual mistreatment of children.

2) They can put you in touch with the attorneys and witnesses from those cases.

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Retain your expert witness as early as possible. The first advantage is that the expert can help you decide if the case is questionable or a no-merit case before you have spent time and money on it. If that determination is made, defense counsel will gain strength in their argument for summary judgment or a lower settlement.

The expert can also educate you to gain a working knowledge on an esoteric subject. For example, a weather and meteorology expert witness can supply books and articles for you to get an understanding of aviation meteorology, air dispersion, air visibility, and satellite imagery analysis, as well as other topics.

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When hiring an expert witness, contact the expert personally. Determine that there is no conflict of interest and that they have the expertise necessary for your case. Also take into consideration that expert witnesses may be hired as consultants. For example, a toxicology expert witness can help you evaluate your case, assist in developing the case, educate counsel, and suggest experts to be hired to testify. They will be knowledgeable and can opine regarding toxic chemicals exposure, asbestosis, benzene, carcinogenesis, chemical burns, and chemical spills as well as provide reports on chemical toxicology, drug toxicology, and forensic toxicology.

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Since jurors sometimes give more weight to expert witness testimony than to lay opinions or closing arguments, finding topics in your case that are sufficiently beyond common experience will permit expert testimony. You may need to be imaginative in coming up with ideas for expert testimony. For example, industrial hygiene expert witnesses can be used in many ways. They are prepared to opine and write reorts on chemical hygiene plans, environmental management systems, industrial accident reconstruction, industrial chemicals, industrial chemical toxicology, industrial cleaning, industrial exhaust systems, industrial hygiene engineering, and industrial toxicology, among other topics. If your expert is not allowed to testify, be prepared with other testimony or evidence. It may also be possible to include the information in your closing argument.

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Plastics expert witness Dr. George Pasternack has this to say on coatings for web form plastic films:

The rapid cure speed of UV curable coatings has enabled manufacturers of CDs and DVDs to maximize manufacturing line speed (~ 3 to 4 seconds per unit). Two different types of UV materials are used in the manufacture of CDs. First, a UV abrasion resistant clear coat is spin coated onto the metal reflective layer. The protected metallized surface is then screen printed with a UV curable ink. In the case of DVDs, a UV curable adhesive is used to bind the protective polycarbonate layer to the metallized polycarbonate layer. The viscosity of the CD clear coat varies between 10 to 100 cps at 25o C, and the viscosity of DVD adhesives is less than 1,000 cps at 25o C.

For more see http://mysite.verizon.net/mb.pasternack/

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Dr. George Pasternack, paints and coatings expert witness, writes this on safe handling of UV/EB curable coatings:

Acrylates are considered to be skin irritants and skin sensitizers. Therefore, as with any other liquid chemical, it is important to prevent skin and eye contact when handling UV/EB curable coatings. Wearing chemical resistant gloves, safety glasses or goggles, and a work uniform or protective apron are required to safely handle UV/EB curable coatings. Clothing soiled with acrylates should be removed immediately to prevent skin contact. Washing hands routinely with lukewarm water and a mild soap is also advisable to remove any undetected acrylate that may have come with the skin. Depending upon the situation, wearing a plastic bootie over shoes may be advisable. The skin and eye irritation and sensitization hazards are eliminated once the coating is fully cured. Instructing employees in the safe handling of UV/EB curable coatings should be part of an employee-training program.