Are you representing a plaintiff in a disputed liability case? Or is a colleague? Every attorney wrestles the merits of a liability case and wonders if the case can be won. Read how to have a better understanding of the facts. It makes economic sense to consult a forensic liability expert who can tell you if undertaking the case is throwing good money after bad.
A case evaluation
Candid assessment is often not available in smaller firms, so a fresh perspective from someone in a particular forensic field is invaluable. A forensic early opinion can save an attorney money and reveal new facts that prevent inadvertent misrepresentation. A qualifying expert witness is a likely bonus if the case has merit.
Forensic consultant Donn Peterson’s reconstruction experience over 30 years ranges from low-speed-impact simulation to multiple impacts, whiplash/G-Force assessment, spinout dynamics, biomechanical forces and what Peterson calls “the sequence leading to slip-trip-miss-and-fall.” You could consult him early on to effectively leverage facts you didn’t even know you had. He’s willing to give you 15 minutes of analysis before his time goes to chargeable fees.
Attorney Michael Bryant, president of the Minnesota Association for Justice said, “Donn Peterson is a very plain-spoken forensic consultant who tells you it like it is. That’s what you want from an expert. Someone who says, ‘Look, you don’t have a case.’ Or, ‘Here’s where your problem is.’ Experts are expensive, but experts can save you money so that you stay out of a case that wouldn’t turn out very well.’”
According to Bryant, whose firm in Waite Park, Minnesota, employs 20 people, Peterson discusses sophisticated points of fact that are not intuitively obvious, yet are capable of quick implementation. “Donn has worked on many cases for me and I am always interested in how he looks at a problem. Donn’s perspective is engineering that both supports my case and is outside a lawyer’s realm.”
John Raboin, who manages a two-attorney firm in Baxter, Minnesota, has called Donn Peterson for both highway accident reconstruction and low-speed impact simulation. Raboin has found Peterson’s well-thought-out mathematical work to be commensurate with good outcomes in determining fault.
The underlying fact
An expert’s report that comes back labeled “unable to determine” may suggest that the expert has insufficient depth of science. Someone sensitive to what the professional needs may be a better choice. Raboin said, “You need someone like Donn to answer the questions. In my first case with Donn, my client had entered the main street and had been hit in the intersection by someone who was speeding. In Minnesota, speeding can forfeit the right of way, but how do you determine that?
Donn used engineering equations to determine the defendant’s speed. I’m on a listserv along with some of the top plaintiff’s lawyers in Minnesota and Donn Peterson’s name has come up a number of times as being good at this.”
Bryant described a liability resulting from crumbled curbing where Peterson’s unexpected finding contributed to the successful direction of deposition against the defendant.
“Donn was able to go to the scene and show me how the curbing differed. It became apparent that the defendant was replacing curbing over time in sections. We took depositions and were able to show that if they’d repaired it completely this never would have happened.”
Since increasingly clients who press on to court are coming away with less money than had they settled, a second opinion might even be a means to shake a client off a self-defeating posture. Jeffrey J. Rachlinski, a law professor at Cornell University quoted by The New York Times, blames some kind of miscalculation for such cases. 1
Even when
There are some situations where the attorney may think that the case is very obvious. But even in these cases, a litmus test of a consultant will corroborate the reasoning. Bryant said, “Having the report is that extra safety with a reason why the defendant is at fault.”
Peterson, who in September spoke at the Minnesota Association for Justice, may have become synonymous with a good settlement. He is rarely deposed any more -- which not only saves money, but illustrates his significant impact on others. “He’s known,” said Bryant. “They know he can testify. He’s experienced. His reports are well written. And I think that definitely has an effect on settlement.”
Summary
So, it seems that calling in an expert early provides an advantage and time-and-money saving. In their respective areas of working with Donn Peterson -- whether highway accident reconstruction or slip and fall -- John Raboin and Mike Bryant agreed. It’s impossible to find a more knowledgeable and qualified expert than Donn Peterson.
Call Donn N. Peterson, PE, D-IIFES, for a brief discussion to determine case alignment with his expertise. Or, refer a colleague. Learn more at http://www.donnnpeterson.com/ Donn Peterson has served on standards-writing committees of ASTM (American Society for Testing and Materials) and is a member of several professional organizations including The American Society of Mechanical Engineers and The Society of Automotive Engineers. Contact: 218-765-3556, or donnnpeterson@aol.com
1 “Study Finds Settling Is Better Than Going to Trial.” The New York Times. 2008. [Of the 3993 Minnesota personal injury cases actually disposed of in 2008, only 5.8% were not settled out of the courtroom.]
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