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BRIEF GUIDE TO EXPERT WITNESSES IN LITIGATION

4/4/2024

What Is A Litigation Expert Witness?
An expert witness is a professional who provides specialized knowledge and expertise in a particular field during lawsuits. These experts play a crucial role in court cases by offering opinions and analysis based on their experience and qualifications.  Expert witnesses are typically active practitioners in their field of expertise and can range from doctors to nurses, other medical professionals, life care planners, accident reconstruction, building inspection, and damages/cost experts.
Expert witnesses can be retained to offer expert opinions on such things as the standard of care, causation, or damages.

Why Are Expert Witnesses Important?
Litigation expert witnesses can help judges and juries understand complex technical or scientific information that is relevant to a case.

Additionally, some types of cases require expert witness testimony on the standard of care, such as medical negligence/medical malpractice claims when the negligence is not obvious or beyond the knowledge of an average juror.  States like Michigan and Arizona have special requirements for disclosing preliminary expert affidavits with the Complaint or initial disclosures when expert testimony is required.  These are referred to as preliminary expert certifications or affidavits of merit to support a medical negligence or other type of professional negligence claim.

How To Select An Expert Witness
When searching for a litigation expert witness, it's important to consider the expert’s qualifications, experience, and expertise as well as their history of providing expert testimony.  It can be beneficial to retain experts who are active professionals, and who testify for both sides as opposed to the “professional expert witness” or the "hired gun" expert witness who only testifies for the plaintiff or the defense.

In addition, some states, like Michigan and Arizona require a standard of care expert to have “matching credentials,” i.e., to be the same level medical practitioner in the same specialty as the defendant(s) and to be an active practitioner or instructor in the same field of expertise.

The Role Of An Expert Witness
During a lawsuit, a litigation expert witness may be called upon to testify, present evidence, and provide expert opinions on the case.  The expert witness will typically prepare an expert report, and sometimes a rebuttal expert report. Expert witnesses can also give deposition testimony and testify at trial. The expert witness’s primary duty is to assist the court and/or jury in understanding complex issues to help the trier reach a fair and just outcome based on the facts presented.

Benefits To Hiring An Expert Witness
As noted, some types of cases require expert witness testimony.  Even if your case does not require expert testimony, you should consider whether hiring an expert witness can help your case. A knowledgeable expert witness can help provide a competitive advantage, enhance the credibility of your case, and could increase the likelihood of a favorable outcome for your case.

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OUT OF STATE ACCIDENTS INVOLVING MICHIGAN INSUREDS

4/3/2024

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LAWSUITS INVOLVING MICHIGAN INSUREDS AND OUT OF STATE AUTO ACCIDENTS

If you are a Michigan insured and you get into an accident in another state, there are potential issues you should be aware of if you sue the at-fault driver.

For accidents occurring in Michigan, Michigan law generally permits you to maintain an action for non-economic damages against the at-fault driver if you suffer “serious impairment of body function,” and “permanent serious disfigurement.”  In this circumstance, your PIP insurer is not ordinarily permitted to seek repayment of amounts you may receive in that lawsuit.

However, for accidents occurring in another state, your PIP insurer may be entitled to some of the proceeds of a lawsuit against the at-fault driver.

Under Michigan law, MCL 500.3116(2) permits a subtraction from, or reimbursement of PIP benefits paid or payable, for accidents occurring out of state.  However, MCL 500.3116(3) precludes such subtraction or recovery from a recovery for non-economic losses.

Is The Recovery For Non-Economic Damages vs Economic Damages?
The statute is not a model of clarity, and your PIP insurer may claim that some of the recovery is for non-economic losses.  Therefore, it is important to understand the purpose of MCL 500.3116 and how this can affect a third-party lawsuit for an auto accident occurring outside of the State of Michigan.

Cases applying MCL 500.3116 have recognized that the purpose and intent is to "prevent double recovery of economic loss." See, e.g., Hanover Ins. Grp. v. Hernandez, Case No. 19-cv-13486 (E.D. Mich. Dec 01, 2020) Allstate Ins Co v. Jewell, 452 N.W.2d 896, 899 (Mich. Ct. App. 1990).

There are some important considerations.

Has there been serious impairment of body function, or permanent serious disfigurement?
Although you may not be required to meet this threshold in another state to recover non-economic damages, doing so lends credence to the nature of any recovery as non-economic damages?

Do you seek non-economic damages and economic damages?

Is there sufficient insurance coverage/ability to recover damages?

It may be beneficial to reach out to your PIP insurer to notify the insurer of any lawsuit in the event of a dispute regarding the proceeds of any such recovery.  Working transparently and in good faith can go a long way. Your PIP insurer may not seek recovery against any such proceeds based on the facts and circumstances (e.g., recovery of non-economic damages), or you may be able to negotiate a settlement with your PIP insurer of any lien/subrogation interest to the extent the proceeds are for economic damages.

If you are involved in an auto accident out of the state of Michigan, you should speak to a knowledgeable auto accident attorney to help protect your interests in any recovery of non-economic damages.

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MICHIGAN AUTO ACCIDENT LAW

BRIEF GUIDE TO EXPERT WITNESSES IN LITIGATION

OUT OF STATE ACCIDENTS INVOLVING MICHIGAN INSUREDS

LAWSUITS INVOLVING MICHIGAN INSUREDS AND OUT OF STATE AUTO ACCIDENTS

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