Determining Whether You Need a Damage Expert Witness

You are facing a legal situation that may lead to litigation in the near future. Perhaps, you are already in the middle of a litigation.Of course, the first person you are going to meet is your attorney. The next person you usually look for is an expert witness. If you are a plaintiff and intend to claim damage compensation, then you could be seeking an expert to ascertain your damages and quantify them, so that you can claim appropriate compensation. On the other hand, if you are a defendant, then you might be seeking a damage expert witness to assess your liability or help you with the case. But, do you really need a damage witness expert? In a lot many cases, the attorneys are perfectly capable of handling the entire case. So, here are some points to consider whether your case requires the assistance of a damage expert witness.

Do You Understand All the Facts of Your Case?

Some litigations are pretty straightforward. Prima facie, it is immediately clear who is in the wrong and who is on the right. A typical example is a case of property trespassing. If you have the necessary evidence, then there is not much an expert can add to it. However, sometimes, the facts of your case are complex to understand, and requires the expertise of a subject specialist like a banker, a scientist, a patent officer, etc. In such cases, you might need the assistance of an expert.

For instance, if you are facing a service denial lawsuit, then you will need a legal expert to help you figure out whether you have the right to deny service to someone. If yes, then when is it legal and when is it discrimination? Do racial discrimination laws apply to your case? Do consumer protection laws apply to your case? If you happen to lose the litigation, then what is the potential damage claims you are looking at? Would it make better sense to expose your business to public censure by continuing with the litigation, or to just go for out-of-court settlement? All these questions are not simple to answer and a damage expert witness will help you understand where exactly you stand in all of this.

Do you Need Technical Expertise to Present Your Position to the Court?

In many lawsuits, either you, the judge, or the jury are not familiar with the technical aspects of the case. Take the example of patent infringement for instance. Do you have the necessary expertise to check whether the patent in question has truly been infringed?What are the considerations that go into determining whether your product or service makes use of the same technology as the patent in question or a different technology? These questions are something that are extremely technical in nature. Unless you are in this field, you quite possibly have no idea what this is all about. And the worst part is neither do the judge and the jury.

During these times, a parent expert can come to your rescue. They will conduct independent and thorough investigations into the matter and explain to the court and you in detail and simple terms their position on the matter. If the patent has been infringed, they will explain how. Further, they will also share the ideal damage claims that the plaintiff should get due to patent infringement. If the patent has not been infringed, then they will establish the facts supporting their position. Their testimony can help your case meaningfully.

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