How to defeat the use of a Biomechanical Engineer in your case

Biomechanical engineers have been hired by insurance companies and defense law firms to minimize an injured person’s case at trial.  They generally are hired many months or years after an accident and have minimal information to base their opinion.

Insurance companies use the phrase “low impact” to describe accidents that (in their opinion) could not have caused injuries to a driver.  If this evidence is admitted at trial, the consequences can be grave for a person’s case.

The Courts have defined standards regarding the use of biomechanical engineer reports and testimony.  These standards are set forth in  Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 584-587 on the federal level.  Basically The case of Daubert allows a judge to decide whether to biomechanical engineer’s testimony is reliable and should be admitted into evidence because it will assist a jury in making its findings.  The Court will analyze the scientific methods used, whether those methods are reliable, the margin of error, whether the findings have been published in recognized scientific journals, etc.

Your attorney is faced with the dilemma of persuading a judge that such so-called expert should be precluded from testifying versus taking the opportunity to show that such witness is a huckster, a sham, and is used to confuse the jury and to not focus on the issues.

We should always persuade a judge that the engineer’s testimony should no be admissible.  One less witness means that a jury have one less thing to debate.  Attacking the expert’s credentials, his methods, his failure to examine all of the physical evidence : these are ways that a good trial lawyer can diminish the capability of the expert.

If the court decides to permit the engineer to testify, you can use all of the same methods in persuading the jury that the expert is a huckster and a sham. Making that witness appear to be a “paid expert” whose role is to simply bolster the defense is the job of a good lawyer who does  personal injury.

You need an attorney with experience to understand these fine points that are used in a courtroom.  If you are injured in an automobile or other accident, it is wise to choose an attorney who has the many years of trial experience to win your case.  Charles DeStefano has 27 years of trial experience and he is a wise choice for injured persons seeking compensation

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