Why Did My Lawyer Hire an Expert?
An expert is used by your lawyer in an attempt to make an argument stronger or prove something. Based on training, education, and experience the expert can provide opinions if appropriately qualified. In Kentucky we need experts to get testimony admitted at trial so they are helpful to hire in the right circumstance. Experts are expensive so it must be the right case.
Products Liability Expert in Louisville
I recently hired an expert in a products liability case. My client is a four-year-old Louisville girl who injured herself with an elastic band necklace. The necklace had a pendant on it. She was trying to take the necklace off when it stretched and the pendant came back and hit her eye.
The package did not have a warning, but the product was marketed to children. I wanted to know how fast the pendant on the end of the necklace was traveling when it slingshoted into my client’s eyeball. A professor at the University of Louisville Applied Sciences Division set up an experiment with a bunch of the same necklaces to tell me the pendant was traveling approximately 22 miles per hour when it hit my client’s eye. This allowed me to argue with the insurance company that the product should have had a warning on it. The case resolved in part because my expert showed the other side what was wrong with their product.
Given my clients damages it made sense to spend a few thousand dollars getting the professors opinion. If/When this case went to trial I would be able to show a jury what happened with the necklace. This, in turn, could assist the jury in determining the necklace should have had a warning.
Speed Expert in Kentucky Motorcycle Crash
I also hire experts on car crash, motorcycle crash, and truck crash cases. One of my ongoing litigation cases involves a motorcyclist who was killed when a FedEx truck took a left turn in front of his path. A witness, who didn’t see the crash, stated my client was traveling fast a few miles back from the crash. She didn’t see my client before the crash. The other side initially was zoned in on the witness statement.
I wanted to know how fast my client was traveling, not a few miles back, but at the time he saw the FedEx truck and laid the motorcycle down. Evidence showed 131 feet of skid marks. Based on the skid marks and the impact an accident reconstructionist was able to tell me my client was going between 50-60 miles per hour when the truck took the turn. The speed was within the limit. Without the help of this expert a judge might allow a jury to speculate how fast my client was traveling. Guessing and speculation isn’t as helpful to a jury as proof. And in this case the accident reconstructionist expert will assist the jury in fact finding.
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