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Proving MTBI Part III
Manage episode 185238012 series 1530160
In today’s podcast, Richard L. Duquette discusses the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3. Tune in to help you decide how to proceed with your case!
Providing Evidence to Trial
Proper evaluation can help support a case. As discussed in the previous episode, this can be done through diagnostic tools and neuropsychological tests.
Brain injury cases can be costly as it can require experts and specialists to provide a reliable testimony. In this, the plaintiff has the right to secure his own specialists.
Acquiring necessary evidence gets the ball in play. Defense will then just have to react or settle the case.
Factors in Getting an Opinion
CA Evidence Code 800, 801, etc. provide a legal standard for admitting evidence. In accordance, an opinion has to be sufficiently beyond common experience.
“You don't need a weatherman to know which way the wind blows.” -Bob Dylan
Another factor is that opinion or information provided has to be based upon the witness’ perceived expertise or personal experience, or upon the matter “made known to him at or before the hearing.”
Basic Principles
Federal Rule of Evidence 702 provides standards to admit expert testimony. Basic principles are:
- Expert must have sufficient knowledge, skill, experience, training, and education
- Testimony is based on facts or data
- Testimony is the product of reliable principles and methods
- Expert must reliably apply principles and methods
(Consider: Federal Law Case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993))
To hear about the the evidentiary issues and codes in Proving Mild Traumatic Brain Injuries Part 3, download and listen to the entire episode.
If you are short on time, here are the highlights of Proving Mild Traumatic Brain Injuries Part 3:
Providing evidence to trial? (1:27)
Factors in getting an opinion? (2:58)
Basic principles in admitting expert testimony? (4:27)
Factors in admitting novel or scientific methods? (6:17)
Legal thongs / essential elements of defense? (7:10)
Concluding thoughts (8:33)
Connect with Richard L. Duquette at the following links:
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© 2016 Law Firm of Richard L. Duquette
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