Expert Witness

Zach Barreto, Director, Expert Institute

Expert witnesses can make or break a case—but only if they’re brought in at the right time. When attorneys wait too long, they risk missing key facts, weakening their strategy, and losing valuable opportunities. Getting experts involved early helps build a stronger, more focused case from the very start.

Setting the Right Strategy from the Beginning

In the early stages of a case, attorneys often face tough questions. Is there enough evidence to move forward? What are the risks? What kind of damages can be proven? An expert witness can help answer these questions.

By reviewing records, identifying industry standards, or analyzing events that led to harm, experts help shape the foundation of a case. This guidance is especially important in technical areas like medicine, engineering, or finance. Without expert input, the case may be based on assumptions rather than facts.

Early expert involvement can help attorneys:

• Spot weak points before the other side does
  
• Focus their claims around provable facts
  
• Avoid wasting time on unsupported arguments
  

Experts don’t just support a case—they help build it.

Guiding Discovery and Evidence Collection

Starting discovery without an expert’s help can lead to missed opportunities. If key documents aren’t requested, or evidence isn’t preserved, the case may suffer. Experts can explain what to look for and how to find it. Their guidance helps attorneys ask the right questions and make the most of limited discovery time.

In cases involving defective products, for example, an engineer may recommend asking for specific design files or manufacturing records. In medical malpractice, a physician might point out what treatment notes are critical to the claim.

Acting early also protects evidence. Physical damage, digital records, or environmental data can disappear if not preserved quickly. With the help of an expert, attorneys can set up proper protocols before anything is lost.

Improving the Chances for Early Settlement

When one side has strong expert support early on, it puts pressure on the other side. They see the claim is serious, backed by clear data and expert opinion. This often leads to faster settlements—or even keeps the case out of court.

For plaintiffs, an expert’s report strengthens a demand letter. For defendants, early analysis may show that a claim has no clear support, helping guide motion practice or push for dismissal. Either way, the presence of expert input helps both sides assess risk more clearly.

Key benefits of early expert reports:

• Encourage realistic settlement talks
  
• Help both sides understand strengths and weaknesses
  
• Avoid costly, drawn-out litigation
  

Saving Time and Legal Costs

Some attorneys delay hiring experts to save money, but that often backfires. Without expert guidance, they may waste time on broad discovery or pursue the wrong strategy. This leads to added costs and delays later in the process.

Experts brought in early can help:

• Narrow down the key issues
  
• Identify unnecessary or repetitive discovery
  
• Assist with visuals, timelines, or models for trial
  

In large, complex cases—especially mass torts or multidistrict litigation—early expert involvement is even more important. Judges and coordinators often expect expert guidance from the beginning to move the cases forward efficiently.

Boosting Trial Readiness and Expert Credibility

Experts who join late often don’t have time to fully understand the case. They may struggle to explain their opinions clearly or respond to challenges from opposing counsel. This can hurt their credibility and weaken their impact at trial.

Early involvement allows experts to become familiar with the facts and work closely with the legal team. Their reports are stronger, their testimony more convincing, and their opinions better aligned with the overall case theme.

Judges are also more likely to accept expert opinions when they’re based on solid methods and consistent work. Giving experts time to prepare reduces the risk of exclusion under standards like Daubert or Frye.

Conclusion

Getting expert witnesses involved early gives attorneys a major advantage. It helps shape the case, guide discovery, improve settlement chances, and strengthen trial preparation. Waiting too long risks missing critical steps and weakening the case. In complex litigation, expert insight from the start isn’t just helpful—it’s essential.