The expert should be qualified in the area to which he is testifying. For example, a neurosurgeon would not be a good witness in a medical malpractice concerning cardiology. The expert's statement as to the cause of the injury will be a large factor in deciding whether or not to file suit. Filing a Suit and Litigation Filing a suit is a technical process. Once the suit is filed, the litigation process begins.
Litigation is expensive and time consuming.
It is also emotionally exasperating on all parties involved. During litigation, the parties file documents with the court and present their theory of the case. The next step of the litigation process is to research the facts surrounding the case. Once the facts to support the competing legal theories have been discovered, the trial begins.