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Trial Preparation  

https://zalma.com/blog

After completion of investigation, written discovery, oral depositions,  and retention of necessary expert witnesses, the trial preparation part  of the case begins.  The defense attorney\\u2019s response should include the settlement value, or  range of values, he or she places on the case.  After reviewing the report, the adjuster should confer with the attorney  to discuss strategy in depth. They should agree on the cost of a  potential settlement versus that of an actual trial. If they decide that  settlement should be attempted, the adjuster should give the attorney  settlement authority within the agreed-upon range.  Use of Experts  The qualification and reliability requirements of Evidence Rule 702 are  distinct. Because even a qualified expert is capable of rendering  scientifically unreliable testimony, it is imperative for a trial court,  as gatekeeper, to examine the principles and methodology that underlie  an expert\\u2019s opinion. Ohio and federal rules require that the trial judge  must assess whether any and all scientific testimony or evidence  admitted is not only relevant, but also reliable. It is that  determination that ensures that the testimony will be helpful to the  trier of fact.  Even when there is ample evidence in the record to support a trial  court\\u2019s decision that an expert is qualified and his or her testimony is  reliable, it is left to the discretion of the trial judge whether the  expert should be allowed to testify. Whenever an insurance coverage or  insurance claims handling expert is called it is essential that a record  be made at trial as to the expertise of the witness and that the expert  will provide testimony that is truly expert and neither elementary nor  simplistic and will help the jury or judge understand the custom and  practice of the insurance claims industry which information is not  within the knowledge or experience of a lay jury.  \\xa9 2021 \\u2013 Barry Zalma  Barry Zalma, Esq., CFE, now limits his practice to service as an  insurance consultant specializing in insurance coverage, insurance  claims handling, insurance bad faith and insurance fraud almost equally  for insurers and policyholders. He also serves as an arbitrator or  mediator for insurance related disputes. He practiced law in California  for more than 44 years as an insurance coverage and claims handling  lawyer and more than 52 years in the insurance business. He is available  at http://www.zalma.com and zalma@zalma.com.  Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE  Legend Award.  Over the last 53 years Barry Zalma has dedicated his life to insurance,  insurance claims and the need to defeat insurance fraud. He has created  the following library of books and other materials to make it possible  for insurers and their claims staff to become insurance claims  professionals.  Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma;  Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library \\u2013 https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/  podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4A  site for the insurance claims professional and anyone who wants to know  something about insurance, insurance claims, insurance coverage, and  insurance law.