Experts in Natural Resource Damages and Toxic Tort Litigation

HTML  XML Download Download as PDF (Size: 296KB)  PP. 410-421  
DOI: 10.4236/jep.2016.73036    2,426 Downloads   3,156 Views  Citations
Author(s)

ABSTRACT

Expert testimony plays a critical role in environmental and toxic tort litigation [1]. While most litigation settles, the work of an expert should, from the outset, be prepared with trial in mind. First and foremost, an expert, using the appropriate expertise, must be able to resolve questions that will assist the trier of fact in making determinations necessary under the law applicable to the case. In addition, an expert must demonstrate a solid scientific foundation in all of his or her opinions. Once armed with the opinions reached in the case, the forensic expert should work with the trial team to simplify proof, clarify the presentation and integrate it with other trial proof and themes [2]. This effort should include the realistic identification of any perceived or real shortcomings regarding the information available, the approach taken by or conclusions reached by the expert. Ongoing communication between the trial team and the expert throughout the discovery and pre-trial litigation is essential.

Share and Cite:

Kanner, A. (2016) Experts in Natural Resource Damages and Toxic Tort Litigation. Journal of Environmental Protection, 7, 410-421. doi: 10.4236/jep.2016.73036.

Copyright © 2024 by authors and Scientific Research Publishing Inc.

Creative Commons License

This work and the related PDF file are licensed under a Creative Commons Attribution 4.0 International License.