Life care plans are not a prescription for a certain course of medical treatment. They are documents that attempt to ascertain and project the cost of a person’s injuries over the rest of their life. Life care planners investigate the…

Now Rule 702 is one step closer to a big change—its first in over 20 years. Last week, the Committee on Rules of Practice and Procedure voted unanimously to pass the proposed Rule 702 amendment. The proposed amendment clarifies the…

Expert witness depositions are a great way to gain insight into how to best combat the opposing party’s expert and their opinions. If done correctly, a deposition can create a strong foundation for future voir dire, evidentiary challenges, and other…

Common Mistakes in Expert Witness Research Omitted or perfunctory research can often be prevented by accounting for the most common reasons it occurs. Proper preparation can ensure your team has the time and resources necessary to check your expert’s background…

Some medical malpractice case evaluations can solidly distinguish slam dunk cases from completely meritless ones. But, more often than not, most cases do not fall within the two extremes. Oftentimes, an expert’s review of records can result in a “borderline”…

Time is money, and few professionals are more aware of this than attorneys. For lawyers, time can affect the availability or quality of evidence and the ability to handle a case effectively. Several tools allow attorneys to reduce the time…

It’s essential to understand your jurisdiction’s standards for expert qualification—typically Rule of Evidence 702 and admissible scientific testimony. If you’re an expert, the opposing party may challenge your testimony or qualifications. If you’re an attorney, you must establish that the…

The Slip and Fall Case: Malcolm v. Regal Ideas, INC. In Malcolm v. Regal Ideas, INC., the plaintiff alleged he sustained injuries while using a ladder sold by Regal Ideas, INC. While atop the ladder, the rungs broke beneath him,…

Whenever an attorney is litigating a case involving personal injuries, the case almost always needs a medical expert’s assistance. These cases include medical malpractice, product liability, or workers’ compensation claims, among others. Medical professionals are uniquely qualified to opine given…

For plaintiffs’ lawyers in Virginia, facing a medical expert hired by the defense’s insurer poses a number of problems. Among them is the application of Virginia’s Collateral Source Rule. This rule prohibits plaintiffs and their attorneys from discussing the defendant’s…