Carol Peters As an Expert Witness About Welfare Eligibility Benefit Determinations
Do you need an Expert Witness for Trial or an MSJ about Welfare Eligibility Benefit Determinations?
Carol Peters will frame the hypothetical question for your case’s critical point in time so that the Question – and its Answer – are understandable in plain English, and with relevant citations where necessary. To obtain a no-cost conflict check and copy of the C.V. used with success in Metz vs. Laridon (GC032834), send a request by FAX to 626-793-3552 or e-mail Carol Peters.
Points to Consider
- Early resolution of disputed Medi-Cal issues can avoid elder abuse &/or reduce legal costs!
- Education enables disputants (and their Attorneys) to simplify disputes about Medi-Cal Eligibility and/or Estate Recovery rules and/or their effect.
- Understanding how and when the LTC Medi-Cal rules work can enable the parties to agree on how to reach their desired outcome(s) so that they can move on. Or, if they are unable to move on, the parties can narrow the contested issues, or be better prepared for mediation and/or trial.
In mediation, a neutral facilitates the parties making their own decisions; at trial, a judge makes the decisions.
What Does an Expert Witness Do?
Expert witnesses educate the parties, their attorneys and the court. The trial court is the decider of fact.
Using a hypothetical question, an expert witness provides permissible opinion testimony to inform the court, so that the court can decide the facts and law.
An expert witness is not an ‘eyeball’ witness, and has no personal knowledge about the facts of a case.
What Are the Different Methods for Deciding?
MEDIATION: PARTIES decide: Guided by a neutral mediator, parties are often able to settle most, if not all, issues through their own mediation process. They make their own decisions about the process and issues to be resolved. Then they use their process to decide their issues and collectively make their written agreement with each other.
COURT: JUDGE decides: This costs more because the parties (and their Attorneys) must be prepared for trial. The attorneys must:
- Organize documents
- Identify exhibits
- Identify eyeball witnesses
- Engage expert witnesses
- Write trial briefs
- And do all the other trial preparation tasks necessary and/or appropriate to be ready for Court. This legal work is needed to inform the Judge, who makes the ultimate decision after hearing the witnesses and reading the papers.
An expert witness’ opinion may also be helpful to support a Motion for Summary Judgment (MSJ).
Expert witnesses can be used in either civil and criminal court cases, or both.