The Right Expert Witness: Pay a Little, Save a Lot
The right expert witness can significantly reduce litigation cost and risk by identifying root causes early, shaping legal strategy, and preventing weak or unnecessary claims. Technical experts with industry and project execution experience often uncover critical issues faster than legal teams working alone.
Key takeaways
- Litigation costs escalate quickly without early, technically grounded expert insight.
- Expert witnesses with industry and project execution experience can identify root causes faster than legal teams alone.
- Early expert involvement can prevent weak recovery claims and unnecessary legal expense.
- Independent forensic and procedural analysis can significantly influence settlements and liability outcomes.
Why the right expert witness matters
It’s always important to rely on expert advice when you buy anything, from a new car to a widescreen TV. Normally, there are many sources of information to help you determine which products and services provide the best value, reliability, and longevity. But what do you do if you’re involved in a lawsuit and need expert advice? In order to assure a favorable outcome at the lowest possible cost, it’s important to engage the best experts available.
Lawsuits are extraordinarily expensive. Legal rates are high and cases can drag on for months or even years. The number-one rule in minimizing the cost of a lawsuit is to avoid it altogether. This can be accomplished with strong standards for projects and equipment, effective oversight during project execution and commissioning, and assurance that employees are well versed in procedures and safety requirements.
Despite these safeguards, your company may still have the very unpleasant experience of being sued. Becht has worked on many lawsuits where projects went bad simply because the owner hadn’t properly defined the scope, budget, or work direction, or executed the appropriate oversight. Major projects are sometimes handed to contractors with limited involvement from the client: “Build us a plant and we’ll touch base in two years.” We see the same issue with lawsuits related to accidents and equipment deficiencies. Problems are turned over to law firms with minimal direction or ownership. In both scenarios, the result is often a high-cost disaster, a plant that doesn’t meet expectations, or an unfavorable judgment.
The right expert witness, with knowledge of project management and cost control along with experience in the relevant industry, can help minimize cost and support a favorable outcome. These skills supplement the specific expertise needed for the case, such as metallurgical analysis, machinery, chemical engineering, or another specialized discipline.
How expert analysis shapes litigation outcomes
The following case histories illustrate how a qualified expert witness can clarify root causes and help drive a more efficient, lower-cost resolution.
Rapid technical insight that shifted litigation strategy
A Becht employee was interviewed for an expert witness assignment on a case involving a fatality, injuries, and impact to property and personnel outside the fence line. The attorneys were representing a number of lawsuits related to this incident. The potential expert was familiar with the event and knew the failed part had the wrong metallurgy for the service. During discussions with the attorneys, the process flow diagrams were reviewed, and the expert immediately recognized that the process design was poor and could significantly overpressure the part that had failed. The attorneys said, “We worked on this case two years, and what took us two years to figure out you saw in 20 minutes. You’re hired.” Our subsequent work, including expert and rebuttal reports as well as deposition testimony, led to a favorable outcome in minimal time. Becht’s analysis also matched the Chemical Safety Board’s evaluation of the accident, issued well after the assignment was completed.
Expert guidance that could have prevented a failed recovery claim
Becht partnered with a highly respected construction cost analysis and litigation company on a lawsuit involving a heat recovery project in the Gulf Coast. The plant was estimated to cost about $65 million, but ended up at $110 million. They wanted their money back; however, they had contracted engineering and construction separately and purchased all the major equipment themselves. This approach requires strong manpower and controls that weren’t in place. As a result, the project suffered significant engineering delays, late equipment delivery, and poor supervision of the construction contractor. After analyzing the situation, we jointly advised the client that the chance of recovery was slim and the lawsuit should be abandoned. They didn’t accept this advice and proceeded. As predicted, they were unsuccessful and wasted millions in legal fees and other costs. The situation should have been treated as a lesson learned to improve future processes.
Root-cause analysis that protected multiple stakeholders
A two-person Becht team worked on a fatal explosion involving drying specific chemicals. We represented the site landlord and a resident company whose equipment had been damaged in the incident. The experts quickly found evidence proving that the wrong equipment had been selected for the process and failed catastrophically the first time it was used – findings that matched the Chemical Safety Board’s later evaluation. Our work absolved the site landlord of any liability, obtained a major settlement for the client with damaged equipment, and contributed to a multimillion-dollar settlement for the family of the deceased employee.
Procedure review that resolved a liability dispute
A three-person Becht team was engaged in a case involving an explosion and injuries to two contract employees. We reviewed the circumstances – including a site visit, review of plant procedures, and accident reports – and determined that the contract employees had violated two life-critical procedures that resulted in the accident. The experts’ in-depth knowledge of plant operations and industry safety standards quickly resolved the lawsuit, which was dropped.
Forensic engineering that improved an insurance settlement
Becht engineers served as experts on an insurance dispute following a fire at a plant in the Gulf Coast. Several insurance companies were involved in a settlement for the damage, and they took the position that a large number of vessels damaged in the fire could be reused without complete inspection or repair. The experts determined through forensic analysis and review of the fire damage that several vessels required replacement and others needed detailed inspection and repair. Our assessment resulted in a settlement more than $500 million greater than the insurers’ original proposal.
Expert witness services for litigation support
Many organizations find value in talking through complex technical questions before a dispute progresses further. Becht provides access to more than 1,000 seasoned professionals with litigation experience across refining, petrochemicals, power, and related industries. We’ve supported cases involving fatal accidents, fires, explosions, crane incidents, patent disputes, tax matters, equipment deficiencies, and other complex challenges.
If you need independent expert advice for a legal matter, please reach out to Rick Hoffman, Becht’s Manager of Litigation and Due Diligence Services, by filling out this form or calling +1 970-389-9950.
