Legal News

Subrogation and the Admissibility of Expert Testimony


By: Gary L. Wickert 

The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. The same holds true for subrogation files in which the subrogated carrier must invest in an expert to assist in meeting the plaintiff’s burden of proof. Experts can be expensive, so it is best to pick and choose an expert who will be able to withstand judicial scrutiny under the fast-changing laws of evidence regarding the admissibility of expert testimony. A subrogated carrier has saved little it if pays fees to an expert who is later barred from testifying. At the same time, subrogation is only successful if it is cost-effective. No carrier can spend itself into a successful subrogation program....

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