12 Things To Look For WITHIN AN Engineering Expert WitnessPosted by Staal Vinter on March 23rd, 2021 In some legal cases an engineering expert witness may be critical to the success of one's case. In most cases, an engineering expert can assist by: Analyzing technical case facts Preparing an incident specific engineering expert report supporting the legal issues Being deposed Testifying at court An expert witness as defined by the dictionary is really a person who is really a specialist in a topic, often technical, who may present his/her expert opinion with no been a witness to any occurrence relating to the lawsuit or criminal case. It is an exception to the rule against giving an impression in trial, so long as the expert is qualified by proof his/her expertise, training and special knowledge. Civil engineers must use their education and training to plan, design, and oversee construction site projects in a variety of industries. A civil engineer must analyze, design, plan and help out with the implementation of every step of a construction site project. The engineer verifies that applicable rules and regulations are followed. The entire responsibility of the engineer as the project manager is to insure that the design plans are followed. The plans must have been designed using commonly accepted engineering standards and practices. A final report may be prepared that presents the way the project was actually built compared to the plans. A civil engineer can also be responsible for verifying the safety regulations are being followed at all times through the project. Civil engineers are essential to any construction project but may also be essential to any attorney that's need of a specialist witness. When trying to find an engineer to act as an expert witness, there are lots of factors that any lawyer should consider. Below are "12 Things You MUST Know When Selecting An Engineering Expert Witness": 1. Just how many years of experience does the expert witness have? Professionals experience, whether education or in the field, is the first important factor. It is important to your case for the expert to have relevant experience. The opposing side or the judge may feel your expert is qualified or not. You wouldn't desire to use valuable time for an expert who is not qualified. A newcomer engineer hasn't had enough time to mature and will most likely not have seen a variety of project situations. Also, education alone is not a sign of an excellent expert. On-the-job experience also needs to be a requirement for a specialist witness. 2. What is the expert's level of experience? Has the expert completed any training, licenses and/or certificates. If that's the case, in what areas and what states? The second factor in choosing a specialist is whether or not the expert has licenses and/or certifications in the field in which he/she will testify. If the government requires licenses (& most states do) it is vital for your expert to have the necessary license. Licensure being an engineer requires a certain degree of education (Bachelors as the very least) and at least 4 years of relevant experience before being allowed to sit for a Professional Exam. The expert will be able to clarify all types of licenses, certificates and the states he/she is licensed in. This will give your expert more credibility in court. Additionally, there are certifications that may be attained in different forms of engineering work. For example, an engineer who routinely does floodplain consulting might obtain the necessary training and certification as an avowed Floodplain Manager. 3. Does the expert have any teaching or speaking experience? The 3rd factor to consider is does your expert have teaching and speaking experience. This sort of experience is useful because it shows the expert has understanding of the industry and can speak in public. A specialist will have to be in a position to publicly speak in the event that your case goes to trial. This skill can be relevant for preparing his/her report. The expert must be able to explain industry terms and information clearly. Some teaching experience is helpful in that teaching requires the expert to be able to explain complex issues. 4. What is the area of law in which you will need an expert to testify? The next factor in deciding on a particular expert may be the area the expert will testify in. For a medical malpractice case you'll want a medical expert to testify. For a major accident related to a bridge collapsing you will require a structural engineer. For a construction accident you will need a civil engineer with construction experience. If you choose the wrong type of expert you will not have the ability to meet your objectives. Any engineer will be able to tell you what specific type of engineer and their specialization that you need for your case. 5. What is the expert's specialization? Once you understand which kind of engineer you need, another factor to consider is the area of expertise your selected expert works in. You should choose a specialist that works in the field and is ready to assist you with your case. It is important to find an expert that is currently dealing with the industry on a regular basis. Just because a person is licensed being an engineer doesn't mean they have expertise in all areas. The field of Civil Engineering is vast. Some of these areas are structural, environmental (large and small systems), surveying, hydrology, hydraulics, land development, geotechnical, safety, construction management, etc. 6. What's the percentage the expert has testified for Plaintiff? What percentage for the Defendant? The next factor in choosing a specialist is the expert's preference for doing work for the plaintiff or the defendant. It's important that an expert have experience with both plaintiff and defendant cases. An excessive amount of on one side can be interpreted to be prejudiced toward plaintiffs or defendants. sanitary engineering consultant , despite the fact that retained by one party, has a duty to provide professional opinions predicated on sound engineering judgment no matter who hired them. 7. What services does the expert witness offer? Do they consult and also prepare reports? Will they testify in a deposition or in court? Another factor to consider before choosing an expert is what services the expert provides. Think about what you need for the case - do you want documents reviewed, research and a written report? Verify with your expert that the necessary tasks can be completed. Also, it is very important give your expert enough time to examine the material. Your expert will not be able to execute a thorough job if the deadlines are unreasonable. Does the expert give deposition and/or courtroom testimony? While the majority of cases don't make it to court, you don't want to have to switch experts in the center of the case. 8. What is professionals current work load? If the expert is too busy to provide your case the eye it deserves, your case will suffer. Deadlines should be discussed in detail and the expectations which you have should be expressed in writing. If an expert report is necessary, the deadline because of this report also needs to be specified. You should get All the case materials to the expert immediately to insure time is enough for the report preparation. 9. Have any cases been lost due to the expert's work being questioned? Have they ever been disqualified to testify? Another factor to consider when choosing a specialist is includes a case been lost due to his/her work being questioned or being disqualified to testify. You will need to find an expert that may defend his/her answers by sound reasoning and evidence. For example, a safety engineer might use OSHA regulations as a resource. You would not want to retain a specialist that does not utilize the necessary resources at his/her disposal. Has the expert successfully stood up to a Daubert challenge? If not, you should have them supply you answers to questions likely to be asked in a Daubert challenge. 10. Does the expert have references? Some attorneys want an expert who has been successful on several cases and some may want a fresh expert. You may want an expert that has references in order to verify the expert's quality of work. Selecting a qualified expert irrespective of references is important to your case. 11. Has the expert testified in a deposition or in court? If that's the case, how many times? If a specialist has testified in court or in a deposition it will be beneficial to your case. This will inform you the expert can explain technical terms publicly. Should you have an expert which has experience with depositions and court they'll be more relaxed when your case goes that far. 12. What are the engineering expert's rates? Finally, you will have to know what your expert charges for his/her time. Is there a different rate for deposition or courtroom testimony? An obvious understanding with your expert on expert fees will prevent any problems at the time billing occurs. Additionally it is true an expert that charges properly has a clearer understanding of the scope of what he is expected to do in the case. The lowest hourly rate expert isn't always the best. To summarize, remember what of Francois La Rochefoucauld.Like it? Share it! More by this author |