On damages, expert testimony can make or break one's ability to contain or discount a case's value. Are the injuries reported causally related to the accident? What is the plaintiff's true physical capability? Are symptoms and complaints consistent with the accident? Is the economist credible in projecting a claimant's future wage-earning potential? In an insurance bad-faith case, experts weigh in on whether an insurer followed generally accepted claim practices in handling a coverage dispute. Hundred of thousands — perhaps millions — of dollars are at stake as experts tackle these issues.

Having the right expert can spell the difference between a defense verdict or a runaway jury award; between a deeply discounted settlement or an awkward conversation with your boss.

To manage case defense, here are 14 questions for risk managers or adjusters to ask (or to have their defense attorneys ask) their candidate experts:

How much of your annual income do you derive from testifying? Ideally, an expert will draw only a portion (less than 50 percent) of his annual income by being an expert witness. If the majority of income comes from expert witnessing, the opposing side can paint your person as a hired gun. Ideally, the specialist is gainfully employed in his relevant field and does expert witnessing only part-time.

What is your specialty? Beware of any expert who answers, “Everything.” How likely is it that you would find an attorney who specializes in all areas of the law? Slim! Consider insurance, for example. The field is so broad that it is virtually impossible for one person to be an expert on all kinds of insurance. Within insurance, you can find discrete specialties in issues such as interpreting the intent and meaning of the commercial general liability policy provisions, accepted claim-handling practices, sound underwriting procedures for fire insurance policies, actuarial techniques for rate-making, and interpretation of agent/company marketing contracts, to name but a few. Because the realm of insurance is highly specialized, any potential expert professing to be an authority on all topics should arouse immediate concerns.

How long have you been an expert witness? This is another indicator of the expert's experience. Would this case be the first for the expert, or is he a veteran who has testified for 15 years? The answer reflects the person's seasoning and helps you decide if he is right for your case.

What is your split of time between testifying for plaintiffs and testifying for defendants? Who is the expert's typical client? This points to the expertise and the general slant, orientation, or leanings of his prior testimony.

On what cases have you testified? If you get the case citations, you might then obtain deposition transcripts. With these, you can review and assess independently the strength and coherence of an expert's testimony and how nimble he is on his feet.

In how many trials have you testified and what were the outcomes? Many so-called experts have rarely seen the inside of a courtroom. This is not their faults. Most cases settle before trial; many that go to trial resolve during the proceeding. There is nothing like being “fire-tested,” in a courtroom, though, as a way to gauge the expert witness' effectiveness.

Have you ever been disqualified as a witness? Hopefully, the answer is “no.” Ask if the witness has ever been disqualified by virtue of opining on an area outside his realm of expertise. If this applies to your expert, your adversary will likely discover it. If this is the case concerning your adversary's expert, this knowledge will be useful in impeaching testimony.

Can you provide the names and phone numbers of three references? If the expert cannot, that is a red flag. Get the references' names and phone numbers and contact them. Were they happy customers? Did the expert add value to the case? Would they use the expert again? Were the costs reasonable?

What is your fee schedule? Costs add up! What is the hourly rate of the proposed expert? Does he bill for time spent in transit or just for time spent working? Can he provide an estimate or budget of the amount of time he expects to sink into the case? You and your client want to avoid nasty surprises later when you receive a bill with a whopping price tag.

Can you provide a budget or estimate of costs and expenses? Inability or refusal to do this is another red flag and could bring the process to a halt. Would you start a kitchen remodeling project at home without knowing the cost up-front? Get a written budget or estimate but do not view this as an ironclad contract. If he is hired, urge the expert to phone you immediately if it looks like he will exceed the budget for whatever reason.

Have you written or published articles? Has the expert written any articles that deal with the issues related to the case at hand? Published articles in respected trade journals reaffirm that the expert is an authority. The absence of any published material may indicate that the expert is a greenhorn. Another reason to ask is to make sure that the published views do not contradict the testimony or opinion that the expert might give in your case. Inconsistencies can be embarrassing. Better to learn about or rule them out at an early stage of the case instead of at trial or deposition. Opposing counsel also will likely Google any expert witness that you identify. You, your adjuster, or defense counsel also should do so and see what pops up.

Do you advertise? If so, where and in what publications or periodicals? It helps to know whether your expert is a heavy advertiser or not and where he advertises. Opposing counsel may highlight this to paint your expert as one who is constantly trying to generate business, with the hope that such inferences will turn jurors against the expert.

Do you have a web site? Most experts do, as do most law firms these days. Check it out and see if it projects a professional image. Compare the web site with those given to you by the insurance expert. Any deviations are red flags.

May I see a copy of your curriculum vitae (c.v.)? This should list all academic degrees, work history, published articles, monographs, books, etc. It should include past speeches, presentations, and might list prior cases involving the expert. Peruse this document carefully to determine if the expert might be suitable for your case.

Picking the right expert can be useful in successfully defending or pursuing a claim. By contrast, neutralizing an opposing expert can thwart a claim defense. Use these tips to choose wisely and separate true gold from fool's gold among experts. s

Kevin Quinley CPCU, AIC, ARM, is senior vice president of Medmarc Insurance Group in Chantilly, Va. He can be reached at [email protected].