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September 24, 2011

Biomechanical experts are often involved in civil litigation injury lawsuits, to provide scientific and analytical evaluation of injuries to determine causation. For example, if the cause or mechanism of an injury is not known, is not understood, or is in dispute. The dispute, so to speak, is usually created when the defense raises the issue in the course of litigation. Thus, expert opinion is often necessary to answer whether the injuries were caused by the event, and whether they are consistent with the case evidence. Put another way, could the claimed injury have occurred as claimed? Going further, the expert might be asked what specific object, condition, or series of events could have caused the injuries. Further still, could the plaintiff’s injuries have been prevented? Similarly, and most often in motor vehicle crash cases, expert opinion is sought to analyze whether the claimed injuries were pre-existing. And, for product liability and/or medical malpractice cases, we might seek the opinion of a biomedical engineering expert to answer this query: Was there a defect in the design, manufacture, or installation of a medical device that caused injury? Labor law injuries, construction accidents and motor vehicle collision cases might need an answer to the following question: Would the use or function of protective equipment/restraints have influenced the nature of the injury? Experts are expected to perform comprehensive analyses of our clients’ traumatic injuries related to slips, trips and falls; vehicular/motorcycle/boating collisions; sports and recreational activities; injuries or assaults; occupational or workplace claims; and failed products such as medical implants, assistive devices, orthotics, or consumer products. As can be seen, retention of an expert or experts is often necessary to properly litigate significant injury lawsuits.


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