Commonly Used Experts

AuthorDavid J. Galluzzo
§500 Expert Document Examiners
§510 Expert Appraisers
§520 Construction Experts
§530 Medical Experts
§540 Transportation Experts
§550 Economic Experts
§560 Experts as to Physical Facts
§570 Engineering Experts
§580 Insurance Experts
§590 Psychological Experts
§600 Experts in Criminal Trials
§610 Experts in Employment Litigation
§620 Linguistic Experts
§630 Experts in Legal Malpractice
§640 Experts on Elder Law
§650 Statistical Experts; the Frequentist and Bayesian Varieties
§500 Expert Document Examiners
§500.1 Introduction
§500.2 Locating Expert Document Examiners
§500.3 Handwriting Experts
§500.4 Nonhandwriting Expert Document Examiners
§510 Expert Appraisers
§510.1 Valuation of Partial Interests
§511 Residential Real Property
§512 Commercial Real Estate
§513 Unimproved Real Property
§514 Value of Businesses
§514.1 Type of Expert
§514.2 Valuation of Tangible Assets
§514.3 Methodology
§514.4 Challenges to Business Valuation Expert Testimony
§515 Personal Property
§520 Construction Experts
§521 Architects and Engineers
§521.1 Negligence of Architects and Engineers
§521.2 Mold Litigation
§522 Contractors
§523 Material Suppliers
§530 Medical Experts
§530.1 In General
§530.1.1 Medical Experts in Mass Tort Litigation
§530.2 Checklist and Sample Questions for Qualification
§530.3 Checklist and Sample Questions for Presentation of Testimony
§530.4 Cross-Examination of Medical Experts
Sample: Cross-Exam re Bias
Sample: Cross-Exam re Lack of Qualification
Sample: Cross-Exam re Inconsistent Statements
Sample: Questions re Exaggeration
Sample: Questioning re Lack of Basis for Opinion
Sample: Cross-Exam re Concessions
§531 Personal Injury Actions
§532 Expert Witnesses in Medical Malpractice Actions
§532.1 Demonstrative Evidence in Medical Malpractice Cases
§532.2 Disclosure Requirements
§533 Experts in Elder Abuse Cases
§540 Transportation Experts
§541 Accident Reconstruction Experts
§541.1 Qualifications of the Accident Reconstruction Expert
§541.2 Basis for Opinion
§541.3 Presentation of Opinion
§541.4 Demonstrative Presentations
§542 Air Crash Experts
§543 Railroad Experts
§544 Maritime Experts
§545 Tire Defect Experts
§550 Economic Experts
§550.1 Accountants as Economic Experts
§551 Personal Injury Litigation
§551.1 Economic Damages Generally
§551.1.1 Choosing Between an Economist and an Accountant
§551.1.2 Basis for Opinion
§551.1.3 Presenting Testimony
§551.1.4 Computer Programs
§551.1.5 Challenging Experts
§551.1.6 Effect of Inflation on Awards for Future Damages
§551.1.7 Structured Settlements Experts
§551.1.8 Valuing Household Services
§551.1.9 Experts on Life Expectancy
§551.1.10 Economic Experts in Punitive Damages Claims
§551.1.11 Future Damages Reduced to Present Value
§551.2 Hedonic Damages
§551.2.1 Introduction
§551.2.2 Establishing Claim
§551.2.3 Proof
§551.2.4 Challenges to Expert
§552 Contract Litigation
§552.1 Experts in Stock Brokerage Litigation
§553 Business Valuation
§553.1 Introduction
§553.2 Selecting Experts
§553.3 Valuation Methods
§553.3.1 Asset Valuation
§553.3.2 Formula
§553.3.3 Comparable Sales
§553.3.4 Price Earning Ratio
§553.3.5 Earning Capacity
§553.4 Basis for Opinion
§553.5 Challenging Opposing Expert
§553.6 Patent Litigation
§554 Experts in Accounting Malpractice
§555 Experts in Class Action Litigation
§556 Financial Damage Experts
§560 Experts as to Physical Facts
§560.1 Introduction
§560.2 Attributes of Experts Relating to Physical Facts
§560.3 Utilizing Physical Facts Expert
§560.3.1 Use of Demonstrative Evidence
§560.3.2 Computer Models
§560.4 Challenging the Opposing Expert
§560.5 Physical Facts Experts in Environmental Litigation
§560.5.1 Introduction
§560.5.2 Types of Experts Required
§560.5.3 Selection of the Expert
§560.5.4 Using Expert Testimony
§560.5.5 Challenge to Expert Testimony
§560.6 Physical Facts Experts in Fire Cases
§560.6.1 Introduction
§560.6.2 Selection of the Expert
§560.6.3 Spoliation
§560.6.4 Establishing the Cause of a Fire
§560.6.5 Effect of Daubert on Fire Experts
§560.6.6 Computer Modeling
§561 Experts in Crashworthiness Cases
§561.1 Admissibility of Evidence of Concurrent Cause
§561.1.1 Unintended Acceleration
§561.2 Examples of Typical Crashworthiness Cases
§561.3 Potential Types of Experts
§561.4 Expert’s Resources
§561.5 Examination of Experts
§561.6 Demonstrative Evidence
§570 Engineering Experts
§570.1 Human Factors Experts
§580 Insurance Experts
§580.1 Experts in Coverage of Mass Torts Involving Continuous Tortious Conduct
§580.2 Insurance Experts in Catastrophic Losses
Sample: Questions for an Insurance Expert
§581 Custom and Practice
§582 Bad Faith Claims
§582.1 First Party Bad Faith
§582.2 Third Party Bad Faith
§590 Psychological Experts
§591 Types of Psychological Experts
§592 Qualification
Sample: Questions re Qualifications
§593 Presentation of Psychological Testimony—Basis for Psychological Opinion
§593.1 Personal Injury Psychological Testimony
§593.2 Emotional Distress
§593.2.1 Discovery of Psychiatric Expert Records in Emotional Distress Claims
§593.3 Challenges to Psychological Experts
§594 The Use of Psychological Tests
Sample: Questioning re Psychological Damage
§595 Brain Injury Claims
Sample: Questions re Intellectual Impairment

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