Cutty Expert Courtroom Witnesses
If you are an attorney handling a case that involves accident fraud, you have your work cut out for you. This is a very specialized body of investigative analysis. The typical case investigator may not necessarily be up to the job. It’s not like there are existing web directories that specialize in this type of investigation. While there is no shortage of former insurance claims adjusters and accident investigators, accident fraud is a more specialized field. There are less service providers in this sub-niche. It can’t be said that just because an investigator has experience with studying car accidents that their skill sets will automatically carry over to insurance fraud. There are all sorts of documentary trails and tell tale signs that may not be obvious or clear to the typical run of the mill insurance or accident investigator. This lack of focus and experience can have a serious negative effect on the quality of the testimony of your expert in court. Needless to say, the more specialized the experience of the expert you present in court, the more likely your side will prevail.
This is why it’s important to size up an accident fraud expert the right way. Your case might just hang in the balance. Even if a lot of the material information in your case is convincing, if it is not put in the proper framework and supported by the right expert’s testimony, your case might unravel. You might not meet the minimum threshold to win your case.
If you want to be extremely persuasive, make sure that there are no loose ends. Know how to properly appraise an accident fraud expert. When presenting an expert’s testimony, here are some factors that you need to consider. The list below is not an exhaustive or complete list. However, they will give you a right start. You just need to do further investigation after using the factors below.
Solid academic credentials
Experts are only experts if juries believe that they are experts. This is the bottom line. If you’ve handled and litigated many cases before, you would agree with this. It all boils down with believability. This is why you are looking for an expert to present in court.
It helps tremendously if that person has solid academic credentials. This person should have some structured training in his or her field of expertise. A person who doesn’t have an academic credentials or background is a red flag. The absence of such credentials tends to erode the overall credibility of the witness you are presenting.
Long history, providing testimony in accident fraud cases
Make sure that the accident fraud expert you present has a long history of testifying in court regarding accident fraud. This person should not just have a long history of providing testimony in court. This doesn’t move the ball forward. What’s important is that this person has consistently testified throughout the years about a particular narrow field of inquiry: accident fraud cases.
The more specialized this person is, the more likely the jury will find this person a true expert. They are more likely to listen to this person’s opinion. However, if this person has no history of providing testimony, then this person’s word has less weight. This doesn’t mean this person has absolutely no credibility. Nonetheless, this person’s word carries less weight. This is in comparison with somebody who has a long history of sitting in front of a jury and giving testimony regarding accident fraud cases.
Experience in handling the specific type of accident fraud you are litigating
This is a bit of a moonshot. If you can find such a person, then you are definitely good to go. Look for somebody who has experience presenting expert testimony regarding the specific type of fraud your case revolves around. If you are able to find this person then you have an expert for your case who fits like a glove.
This is a moonshot because in many municipal areas in the United States you’d be lucky to find a general accident fraud expert. It would be too much of a stretch to find somebody who is well versed and experienced in the specific type of accident fraud you’re litigating. Still, if you can find such a person, then get hold that person and reserve him or her as an expert. His or her testimony carries a lot more weight than that of a general accident fraud expert.
High ratio of case victories
This is not to sound mercenary, but you would really be irresponsible if you overlook this factor. The whole reason why you are bringing in an expert to give testimony is because you want to win. You want your client to prevail. Accordingly, you need to make sure that your prospective expert has a high ratio of case victories.
It’s important to note that this is presented in terms of ratio. This is because there is no such expert that has 100% victory rate. Let’s just say that such person is very rare indeed. Expect the typical accident fraud expert to have lost some cases. This is why you should consider an expert’s victory rate in terms of ratios. How many victories did this person engage in compared to losses? That should give you a clear point of comparison when looking up other experts in accident fraud.
Diverse, past-client base
Your prospective expert should also have handled different types of clients. Maybe this person has given testimony involving corporate defendants. Maybe this person also gave testimony involving plaintiffs. The more diverse this person’s client base is, the less likely this expert would be painted as biased. Depending on whether you are representing the plaintiff or the defendant, keep in mind that biased issues or insinuations of bias can be a factor. Make sure this is preempted by looking for experts with diverse, past-client bases
Keep in mind the tips above if you are serious in finding the right accident fraud expert. You might be thinking that your case is going to stand on its own merits. Nonetheless, considering the competition in today’s litigation landscape, every little bit helps. Make sure you get only the most qualified and effective expert witness.