expert-evidence-a-matter-of-opinion

 

Every case depends on evidence. The foundation of that evidence always consists of the fundamental facts of the case, including all of the unique and personal distinctions and subtleties that make one case different from another. The work of winning a case, therefore, always starts with a complete and exacting investigation of the facts.

Sometimes though, even with the most timely and exhaustive investigation, questions remain and explanations are required.

Winning cases depends on evidence, with no gaps or holes. So, as important as it is to complete a thorough investigation of the facts, it’s equally important to recognize when the facts are not self-evident — especially when questions and explanations must be addressed by the specialized knowledge and experience of an expert witness.

At Kelly + Kelly we hire the best expert witnesses so that your case is thoroughly understood, with no unanswered questions and no missing explanations.

The Role of the Expert Witness

Expert witnesses are people with specialized knowledge and experience, who are therefore qualified to provide opinion evidence that is considered in the resolution of a case, or at trial in Court.

In all kinds of personal injury cases, whether car accidents, motorcycle accidents, bicycle accidents, or other kinds of negligence involving injuries, expert witnesses are required to provide opinions addressing a variety of subjects, including:

  • physics and engineering: why an accident happened, the forces involved, how the accident could have been avoided
  • medical science: cause and diagnoses of physical and non-physical injury and impairment, analysis of rehabilitative progress, prognosis and probable future outcomes
  • occupational therapy: measurement of day-to-day functional impairments, functional recovery guidance and future care cost projection
  • vocational capacity: pre-accident and post-accident employment and earning prospects
  • economic and actuarial analysis: calculation of past and future economic losses

The success of any case depends on the quality of the evidence relied upon to prove it. So, expert witnesses must be knowledgeable, experienced, smart, energetic, conscientious, fair and balanced in their approach and completely independent. In short, the best expert witnesses are special people with excellent reputations.

Choosing the Expert Witness

At Kelly + Kelly we know and rely upon a network of proven expert witnesses in all areas of knowledge and experience.

When we choose an expert witness we take a close look at his or her reputation so that we are sure that his or her opinion will be accepted and believed not only by us, but by the insurance companies, other lawyers and decision makers that may have to consider that evidence in the resolution of your case, and by the Court.

The best expert witnesses must not only be found, but they must be willing to take on the task. In most cases, we are able to hire and rely upon the best expert witness because we have hired that expert before. That expert is willing to take on the task of your case, confident in the knowledge that he or she will be provided with all of the facts so that he or she can provide an independent opinion that is informed and credible.

And, the best expert witnesses always pursue a thorough understanding, with a keen interest in the facts and the analysis. So, we choose experts that are communicative and co-operative, who do not take short cuts, who insist that they have all of the information required to form a solid opinion. This process requires close contact with the expert. The result is that the expert opinion that is provided is the best that it can be.

Choosing the best expert witness is another way to benefit from a close look.