If mediation does not resolve the case, then usually the next step is for any designated experts to be deposed. The hiring and deposing of expert witnesses is a very costly part of the entire litigation process which is why both sides try to avoid doing this if at all possible. It's always a balancing act between spending enough money to position your case for a good resolution and not spending so much that it makes resolution impossible. An experienced attorney is good at balancing this expense issue and always keeps the end goal of maximizing the client's recovery front and center. Expert witnesses are often needed to offer their expert opinions on both liability and damage issues. For instance, if a case involves a complicated truck wreck, an accident reconstructionist may be hired to develop a theory on the cause of the accident. Other cases may require a medical expert to testify as to the future medical needs of an injured party.
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