Cross-examining an expert witness is one of the most challenging and exciting things we do as trial lawyers. Nothing is more rewarding than to sit down after an effective examination with the feeling that you have neutralized the opposing expert and by doing so greatly helped your case. But in order to obtain that level of satisfaction there is much work to do in preparation and developing an effective strategy.
In analyzing the challenge we must be honest with ourselves that no matter how smart we are or how much we study we are not going to be able to match the expert’s level of knowledge in his or her field of expertise. But that does not mean we are not going to try to educate ourselves to the maximum extent possible in the narrow area of medicine, engineering or whatever the specialty is regarding the relevant scientific topic. For medical witnesses we can read all of the most relevant medical literature articles on the narrow area involved in the case as well as obtain background knowledge from textbooks to help us understand those articles. We also have our own experts to help us understand complex scientific topics. Using these resources we can prepare ourselves sufficiently to attack the weak points underpinning an expert’s opinion. More…
Posted by Matthew F. Belanger, Partner, Faraci Lange
Statutes of Limitations are legally binding rules that establish time periods within which a lawsuit or claim must be filed. They are generally bright lines that once passed will forever bar even a clearly meritorious lawsuit. That said, there are certainly valid policy reasons for the imposition of time periods for the initiation of legal proceedings. The statute of limitations embodies the principles that the value of evidence diminishes over time and that parties to a dispute need closure, so fairness dictates that the person bringing the lawsuit act with speed and efficiency to preserve these principles.
Of course, fairness is a two way street: the time periods are generally crafted to give the party bringing the lawsuit sufficient time to learn they have been harmed. Indeed, in many States, the time periods do not begin to run until a person knows or reasonably should know that they have been injured. It is in this regard that the New York statute of limitations in medical malpractice cases is so unfair. More…
