Expert opinions are crucial to obtaining a favorable outcome in a case. A party should ensure that the expert’s opinions are reliable under Federal Rule of Evidence 702 and Daubert to avoid any evidentiary issues at trial.
Spoliation of evidence generally involves the destruction of evidence that is relevant to a civil action that results in harm to a party’s case. Some states recognize it as a separate cause of action, which means that it can be a claim separate from the underlying case.
A claimant should keep in mind that it may have a product liability case even when damage to the product is too severe for the claimant to be able to pinpoint a specific defect within the product. Claimants can present circumstantial evidence to establish that a product was defective.
This article will assist investigating this type of claim to determine if there is subrogation potential and how to go about prevailing on a claim against the owner and/or keep of the animal.
There are several reasons spoliation is immediately claimed by an adverse party of an insurance carrier. Some of the major reasons can be easily avoided.
There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how...
Currently, the admissibility of photographic evidence is based on two different theories. These two theories represent a departure from earlier requirements, which required authenticating testimony from the photographer and/or an expert witness regarding the reliability of the recording process.
Most automobile accidents that end up in litigation are disputed liability. These accidents sound like this: the subrogated carrier’s insured is adamant that he had the green light; or, the other driver defendant is adamant the insured merged into his/her lane. Of course, the other driver defendant disputes the insured’s...
A picture truly is worth a thousand words. A thoroughly documented sump pump file can also be the difference in thousands of dollars in recovery. When in doubt, more is better. These suggestions will provide the subrogation professional, expert, and counsel with tools to prepare the file and maximize your...
We occasionally see some misinterpretations of the law or expectations regarding what will happen at trial. We have a few tips you should keep in mind regarding witnesses and defenses.