Expert witness testimony and voir dire in a Florida bad faith case

Expert witness testimony and voir dire in a Florida bad faith case

Though expert witnesses and voir dire are important in other cases, the key to a successful bad faith case is probably the expert witness testimony. Though some practicing attorney’s all have their own opinion, the expert witnesses provides the jury with hands on experience and will normally be the only qualified witnesses. Typically, attorneys and adjusters serve as expert witnesses in bad faith cases. Depending on when the bad faith occurred, the plaintiff’s attorney will decide who to present as the expert witness. The purpose of the expert witness is to have the insight of someone trained in properly executing the duties that arise out of insured-insurer relationship, and who can give the jury a pinpoint analysis of the bad faith issues. Typically the plaintiff’s witnesses will testify as to certain matters such as:

• The foreseeability of the excess verdict;
• The nature of the conflict of interest on the part of the insured’s and insurer’s attorney in the original tort claim;
• The nature of a fiduciary duty and the nature of that obligation imposed on the insurance company and the insured’s attorney;
• The insurance carrier’s knowledge and understanding of important principles and obligations involved in the case;
• The effect of a judgment in excess of the policy limits on the insured;
• The nature and process of evaluation of personal injury cases and verdict ranges;
• The expert knowledge of the insurer as opposed to the lack of knowledge and experience of the insured; and
• The power of trial judges and appellate courts in Florida to reduce or set aside verdicts that are excessive and not in accordance with the evidence.

The voir dire (legal term used when attorneys select/reject jurors) process is also another important part of the bad faith case. The plaintiff’s attorney must ensure that the jurors are educated about the legal use of bad faith in the context of insurance claims, rather than the layperson definition. The legal use constitutes a breach of the insurer’s obligation to the insured, while the layperson may associate bad faith with fraud, cheating, or deceitful conduct. Your Palm Beach County accident attorney should also use voir dire to find out whether jurors have ever served in a fiduciary role (i.e. trustee) or in a position that created a conflict of interest. To have jurors that are more sophisticated and intelligent (business owners/executives) will be advantageous to a plaintiff in a bad faith case because this type of case is extremely complex and these types of jurors typically understand the obligation owed by the insurer.