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Sample Actuary Expert Witness Cross-Examination

By Kelly Wilbur, Esq. Actuaries often serve as expert witnesses.  Below is an example of a cross-examination of an actuarial expert witness. This case involved an actuary testifying as to economic damages suffered by a plaintiff.  The expert witness in actuarial science is challenged on a number of areas including qualifications, being a hired gun, bias,… read more

Example of an Accounting Expert Witness Cross-Examination

By Kelly Wilbur, Esq. Accountants often serve as expert witnesses.  Following is an example of a cross-examination of an accounting expert witness. This case involved an accounting expert testifying as in loan loss litigation resulting from the 2008 financial crisis and real estate development.  The accounting expert witness in the following sample transcript is cross examined… read more

2021 Expert Witness Fees – How Much Should an Expert Witness Charge?

According to SEAK’s 2021 Survey of Expert Witness Fees: The median hourly fee for file review/preparation for all experts responding is $400/hour. The median hourly fee for depositions for all experts responding is $475/hour. The median hourly fee for testifying in court for all experts responding is $500/hour. 66% of experts responding require retaining counsel… read more

Sample Accident Reconstruction Expert Witness Cross-Examination

By Kelly Wilbur, Esq. Accident reconstruction expert witnesses commonly testify in civil and criminal trials involving motor vehicle accidents.  Below is a sample cross-examination of an accident reconstruction expert witness.  The cross is fairly brief and focuses on how the analysis was done, what computations the expert failed to do, the fact that the expert… read more

Sample Affidavit of Merit

By Kelly J. Wilbur, Esq. Medical malpractice actions are unusual in that many states require patients (i.e. plaintiffs) to demonstrate that they have expert witness support for their medical malpractice allegations before suit is filed. Such requirements are grounded in either state statutes or regulations. These rules are designed to discourage frivolous malpractice lawsuits and encourage pre-suit… read more

Sample Cross-Examination Questions

The below is an instructive example of cross-examination questions posed to a pediatric neurology expert witness in a medical malpractice case.  An issue in the case is the cause of hypoxic-ischemic encephalopathy (HIE) in a newborn. The pediatric neurology expert witness retained by the defense has opined that the injury to the infant was due… read more

Courts Employing Virtual Litigation

Steven Babitsky, Esq. State and federal courts are encouraging and, in some cases, requiring litigants to proceed with virtual litigation. Hearings In Madonna Ciccone v. One West 64th Street Inc., the Supreme court New York County 6514748/2016 9/4/2020, the court required, due to Covid-19, that a fee hearing must go forward by videoconference. Bench Trials… read more

Conflict Check For Expert Witnesses: What Can Go Wrong

Conflict Check For Expert Witnesses:What Can Go Wrong By Steven Babitsky, Esq. Expert Witnesses who do not have a robust  conflict of interest protocol that they follow in each case are risking serious consequences. At SEAK we speak to many expert witnesses each year about  issues or  vexing problems they are facing.One problem that keeps… read more

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