If One Side Disagrees With The Expert’s Findings Can They Look For A Second Opinion?

Each side will have their own experts. Very rarely will the plaintiff’s experts and the defense’s experts agree on anything. You are almost always certain to have differing opinions. One opinion will be the defendant’s and one opinion will be the plaintiff’s. However, either side could hire an expert solely for consultation to better understand liability or damages issues in the case. This consulting expert’s opinion will not be presented to the jury.

You should then designate a different expert. Now, you have some idea of what an expert is probably going to conclude without sharing some of the work product that you did with the consulting expert.

Am I Guaranteed A Larger Recovery If I Go To Trial And Win Or Could I End Up With Less Than What Was Offered During Settlement?

No, you are not guaranteed a larger recovery. For instance, a defense might offer the client $100,000 and after attorney’s fees, case costs, and medical bills, the plaintiff might end up with only $35,000. The plaintiff might decide to go to trial instead. Their case damages are assessed at $120,000. The plaintiff might end up with even less than $35,000 once deductions for attorney’s fees, case costs, medical bills, and experts costs are made. The cost of an average personal injury trial in California with experts can range between $50,000 to $80,000.

There is also the possibility that the jury could disagree with your evidence and case during a trial. If that happens, you could end with zero.

Another possibility is that the defense could offer the plaintiff an amount to settle the case under Code of Civil Procedure section 998. If the plaintiff goes to trial and gets a verdict that is less than the defendant’s 998 offer, the client is required to pay certain defense case costs (including experts).

A large portion of an attorney’s job is doing a risk assessment and risk management. Even though we talked about economic and non-economic damages, the reality is that the only recovery for any of the injuries you can make is money. All of the available remedies are monetary. That means you have to analyze the risk associated with going to trial or not going to trial. And you have to manage that risk appropriately.

It takes a skilled and experienced attorney to analyze properly, and this is why most cases settle because settlement provides certainty. The purpose the legislature enacted the Code of Civil Procedure section 998 was to place some of the risks on the plaintiffs themselves. Without that, far more cases would go to trial.

{The goal of the legislation has been and continues to be and will continue to be keeping people out of the court system and specifically keeping them out of trial. The barriers that are put up for your average American citizen to be able to go to the courts and seek a remedy from the court via a jury trial has year by year, gotten more difficult and more expensive and more prohibited for individuals to exercise their right to have a recovery for their damages.}

What Are Some Mistakes That Injured Parties Make That Are Detrimental To Their Claim?

Credibility is critical. When injured parties are inauthentic, unlikable, or dishonest it can be detrimental to their claims. Juries will not compensate people they do not like, trust, or believe. Additionally, clients often put too much information on social media that can make their cases vulnerable.

For more information on Retaining Experts In A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you seek by calling (855) 675-2901 today.