Expert Witness Discovery in Personal Injury Litigation: Establishing or Challenging Admissibility of Expert Evidence

Tactics for Expert Designation, Cross-Examination, Deposition and Daubert/Frye Challenges of Liability and Damages Experts

A live 90-minute CLE webinar with interactive Q&A


Wednesday, August 23, 2017 (in 2 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide guidance to personal injury counsel on legal and practical tactics for managing expert witness discovery. The panel will discuss key considerations regarding the designation of experts, admissibility of expert opinions, deposition and cross-examination of experts, Daubert/Frye challenges, and more.

Description

Plaintiffs and defendants in personal injury litigation frequently hire expert witnesses, usually medical doctors, to testify about the physical injuries the plaintiff allegedly suffered. In matters involving premises liability, highway, construction and accident reconstruction, engineers are often retained as experts.

Pretrial discovery and depositions are opportunities for both sides to uncover evidence that will weaken the credibility of the opposing party’s expert.

To maximize the effectiveness of their own expert witnesses, personal injury counsel should carefully vet the expert and coach them through discovery, deposition and cross-examination. In addition, counsel must thoughtfully evaluate the weight of the expert’s testimony and take strategic steps to ensure the expert’s opinions will clear all evidentiary hurdles.

Daubert/Frye challenges are one of the most critical aspects of expert discovery because exclusion of an expert can effectively end a suit. A successful Daubert/Frye challenge can also put a party in a more favorable settlement position. Counsel should consider Daubert/Frye issues when retaining an expert, and in making strategic and tactical expert discovery decisions.

Listen as our authoritative panel discusses strategic considerations and best practices for personal injury plaintiff and defense counsel when managing expert witness discovery.

Outline

  1. Designation of experts
  2. Admissibility of expert opinions
  3. Cross-examination and impeachment of experts
  4. Deposition of experts
  5. Daubert/Frye challenges
  6. Motions in limine as recourse to challenge the admissibility of expert opinions

Benefits

The panel will review these and other key issues:

  • What factors should counsel consider when selecting an expert witness?
  • What strategies should counsel employ to increase the likelihood of admissibility of their client’s expert opinion?
  • What are some best practices when coaching an expert prior to deposition?
  • What are some best practices for challenging an opposing party’s expert during deposition and cross-examination?
  • How can counsel increase the likelihood of success when bringing or defending Daubert/Frye challenges?
  • How can motions in limine be leveraged to challenge the admissibility of expert opinions?

Faculty

Glenn M. Campbell, Esq.
William J. Ferren & Associates, Blue Bell, Pa.

Mr. Campbell has practiced in the areas of personal injury and property damage defense for 30 years, both in private practice and as staff counsel for Travelers Insurance Company. He predominantly handles construction injury and defect cases, products liability cases, and workplace accident litigation. He has considerable experience working with experts in trial preparation, trial examination and cross-examination.

David H. Fleisher, P.E.
Fleisher Forensics, Ambler, Pa.

Mr. Fleisher has evaluated litigation and claim matters involving premises liability, highway, construction and accident reconstruction since 1986. He has been qualified to testify as an expert in federal and state courts. Before founding Fleisher Forensics in 2002, he was Vice President of Consulting Engineers and Scientists, Inc. for 16 years, where he evaluated litigation and claim matters. He frequently presents to attorneys at CLE programs. 

Matthew J. Focht, Senior Counsel
Joseph Greenwald & Laake, Greenbelt, Md.

Mr. Focht is a trial lawyer in the firm’s Personal Injury Practice Group. He helps individuals who have been seriously injured in avoidable accidents recover the compensation they deserve in litigation before state and federal courts. He has deep experience in managing a broad range of high-stakes personal injury matters on behalf of victims and surviving family members, including auto accidents, wrongful death cases, and a variety of other serious accidents caused by negligence.


Live Webinar

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

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Customer Reviews

I liked the practical and specific tips.

Natalie Lyons

The Cannon Law Firm

The relevance of the material and impact on the PI practice area was greatly appreciated.

Derek M. Baroumes

Baroumes & Bruen

The webinar was well-presented, interesting and informative.

Randi Saul-Olson

McKinney, Wainwright & Saul-Olson

Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.

David Lawrenz

Hinkle, Hensley, Shanor & Martin

Great content, including everyday examples, provided by each speaker.

Tim Reed

Duncan Firm

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Capes Sokol Goodman & Sarachan

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Greenberg Traurig

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Akin Gump Strauss Hauer & Feld

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