The Pitfalls of the Expert Search

August 3, 2020

Yes, knowing that you need an appropriately qualified expert is the first step in properly investigating the merits of your case, and connecting with the right expert is an investment that pays off starting with record review, all the way through to trial. Let Saponaro, Inc. assist you from the beginning, so you avoid these common mistakes.

Waiting until the last minute. Cases requiring experts can be very complicated, and if you do not plan ahead with scheduling of reviews, you can find yourself running out of time and not thoroughly evaluating the complete details of your case. When multiple experts are required, the organization needed to make sure you do not miss a crucial aspect of your case is critical, and sometimes you do not know all the different experts a case will require until the investigation begins. Therefore, although the need for working under time constraints does happen, do not do so because you are trying to find experts on your own. If you do, it is a roll of the dice that you will find the expert best-suited to assist on your case or you simply have to choose whoever is available.

The pursuit of malpractice and personal injury cases can be very expensive, so it is essential that you hire the right expert initially, who can guide you through facts and provide you with well thought out opinions, without risking missing details that can end up making or breaking your case.

Sourcing the wrong expert. Until case documents are reviewed by a specialist, you do not know exactly where the details will lead you. Especially in complex situations, such as some medical malpractice suits or personal injury matters, you may be overlooking an aspect of the facts that can make or break your case. Choosing the right expert for the initial investigation is crucial, and you need to have a trusted resource you can discuss your case with, so you can obtain an objective direction to pursue evaluation. For instance, an expert you contact directly may not provide you with the guidance you need, because they have incentive to review your case and charge you accordingly. Therefore, you need to consult with someone whose main goal is to provide you with the best information to determine the direction of review. Once we have had this important discussion, we search for an expert with appropriate expertise in the care in question; we confirm that the expert properly understands the issues to be evaluated; we check for any potential conflicts that the expert may have; and we explain to the expert that we need someone available to support opinions through deposition and/or trial, if indicated. Let us have this customary communication with the expert, so we can help you take the guessing out of this critical decision.

Delegating responsibility to someone who does not know how you like to manage your cases or understands the specifics of your case. The law is often a team sport. However, not all teammates are created equal. Therefore, do not hand off expert witness selection to someone that does not have proven background as a hardworking and diligent team player. When you do, the process of obtaining the right expert will suffer, and can cost you the game. Let us coach you through the expert witness process, and recommends experts that are the consummate team players and who will give your case the winning edge.

Relying on a standard online database. The Internet has streamlined the process of locating expert witnesses, but there is more than meets the eye when you plug in your requirements and a database spits out a list of matching results. Easy, right? Free, excellent! Best for your case, not so fast! Many expert witness websites are pay to advertise, and the site does not necessarily challenge the accuracy of the expertise claimed in the brief history. This is not a vetting process, so you cannot always be sure which expert is best-suited to assist on your case and has the best-interest of your client in mind when reviewing the matter. Without a comprehensive vetting process, you are not privileged to the past experience of the expert, and if the expert will be a true advocate for your client. Online solutions for finding expert witnesses are available, but you need to look beyond the data to find the appropriately qualified expert for your case, and we handle this aspect of the expert witness selection, so you do not have to take the time, and risk, in doing so!

Types of experts we can refer:

• Medical and Healthcare: Used to testify to the cause or seriousness of an injury, or to the standard of care that the defendant health care provider was obligated to meet.
• Psychiatry/Psychology: Used to testify to the validity of claims of pain and suffering, emotional distress, and other noneconomic damages.
• Scientific/Engineering: Used to testify on highly technical scientific or engineering matters, such as whether a consumer product was defective or unreasonably dangerous, or that a working condition was unsafe and led to the accident suffered by your client.
• Life Care Planners/Vocational rehabilitation/Economist: Used primarily to testify to the extent of damages suffered by your client, such as the amount of future lost earnings and future care that will be required as a result of the injury.
• Accident reconstruction: Used to reconstruct the sequence of events that led to an accident and to a claim of damages (traumatic brain injury, for example.)

Let Saponaro, Inc. remove some of the potential “pitfalls” you face when hiring an expert witness, and let our service navigate you through the challenges you will face in cost-effectively investigating your case with prospective specialists. We listen to your needs; we discuss the proper direction to pursue your case; we reach out to experts that have the right qualifications to be authoritative with their opinions; and we are able to expedite our services to meet your needs. Plus, we are able to do this work for a flat fee, and you pay the experts directly for their time involved in assisting on your case, and their fees are provided upfront. Additionally, we replace an expert in that specialty, for any reason, at no further referral cost.

We’re one phone call away for all your expert needs, and the peace of mind that your case will be handled in a professional and accountable fashion, by a firm with the experience to lead you through your case requirements.

Need a medical expert for your case? Contact us today.