Experts in Personal Injury Cases

• Author: Larry Booth/Roger Booth
• Pages: 81-92

1A-1 (Rev. 2, 11/13)

Chapter 1A

EXPERTS IN PERSONAL

INJURY CASES

I. OVERVIEW

§1A:01 The Role of Experts

§1A:02 Why Experts Are Needed Early in the Process

II. SECURING THE RIGHT EXPERTS

§1A:10 Where to Look

§1A:11 Experts to Avoid

§1A:12 What Subjects to Cover

III. PREPARING YOUR EXPERT TO TESTIFY

A. What to Give the Expert to Review

§1A:20 Why Experts Want Everything

§1A:21 Why Experts Don’t Need and Shouldn’t Be Given Everything

§1A:22 Hypothetical Questions as Alternative

§1A:23 When Expert Needs Lots of Material

B. Prepare, Prepare, Prepare

§1A:30 Begin With Retention and Continue Throughout Litigation

§1A:31 Review and Discuss All Material Written by Expert

§1A:32 Cross-Examine Expert

§1A:33 Make Sure Expert Understands Scope of Testimony

§1A:34 Review Expert’s File

§1A:35 Avoid Expert Report Unless Required by Court Rules

C. Effective Techniques for Your Expert to Use During Cross-Examination

§1A:40 Expert Must Understand Role as Advocate for Own Opinions

§1A:41 Decide Which Point to Concede in Advance

§1A:42 “Not Necessarily” and “It Doesn’t Matter

§1A:43 Dealing With Hypotheticals Containing Contrary Facts

§1A:44 Dealing With “Is it possible?” Questions

§1A:45 Keep Strongest Points and Supporting Facts in Mind

§1A:46 Opinion Based on Experience