Expert Testimony Building Blocks

Attorneys practicing personal injury or products liability law frequently employ technical experts to assist with the engineering and scientific issues of their cases. Knowledge of what the expert does can lead to much more effective development and use of the expert’s testimony.

Expert Testimony Building Blocks is designed to for new attorneys to help describe in detail the steps and procedures an expert follows. A solid understanding of these steps and procedures, and the information needed by the expert, can lead to more effective communication with the expert, as well as more effective development and use of the expert’s testimony.

Objectives
1. Describe steps followed in an investigation
2. Develop an understanding of the procedures used by an expert
3. Understand how the evidence is developed
4. Provide a lead-in to ìPart 2.† Efficient Use of Expertsî
Point of view
Model for the presentation
1. Vehicle accident reconstruction
2. Covers general procedures
3. Why should you hire an expert?
Major steps an expert follows
1. Collection and review of basic case information
2. Gathering of data needed for subsequent steps
3. Analyses and tests
4. Communication of results
Expert testimony building blocks — a conceptual view
Collection of basic case information
Initial review and identification of issues
Initial meeting between attorney and expert
Data gathering
1. Information searches
2. Accident site inspection
3. Vehicle and vehicle component inspections
4. Complaint and interrogatories
5. Depositions
Analyses and tests
1. Site reconstruction
2. Dynamic analyses
3. Vehicle and component testing
4. Interaction with other disciplines
  1. Human factors
  2. Injury and biomechanics analyses
Communication of results
1. Oral or written reports
2. Charts, graphs, drawings
3. Physical models
4. Engineering animation
5. ìMulti-mediaî presentations
Conclusions