1. It is impossible to know which cases will settle before trial and which will not.
2. If the attorney does not demonstrate seriousness in properly preparing the case, the insurance company on the opposing side will not make a fair settlement offer to resolve the case.
Sometimes trial preparation requires the securing of expert witness testimony. First, let’s define the term. Idaho Evidence Rule 702 provides the following definition of expert testimony:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
A classic example of an expert witness in a personal injury case is the physician who treated the injured person. She can inform the jury of her diagnoses of the plaintiff’s condition, and the fact that it was caused by the injury sustained in the motor vehicle collision.
The insurance company is also permitted to hire a physician to examine the plaintiff, and that physician may testify that the injured person’s condition is not so severe, or perhaps testify that the malady is caused by a pre-existing condition unrelated to the collision.
The attorney hired by the insurance company may up the ante at trial by hiring an accident reconstruction expert to testify concerning how the collision occurred, perhaps assessing blame on a defective road surface, and not due to the negligence of the defendant. To respond, the plaintiff’s attorney may feel the need to retain his own accident reconstruction expert to rebut this testimony.
Each of these experts typically charge thousands of dollars for their services. Such costs are reasonable in very severe injury cases such as paraplegia or limb amputation cases. However, in smaller cases these costs can devour a large portion of the money recovered for the injured person at trial.
It is for this reason that an experienced Idaho personal injury attorney will work closely with his client to develop a sensible litigation budget when it comes to retaining expert witnesses.