A party seeking to initiate legal proceedings or defend against them is often required to obtain an expert opinion in order to substantiate their claims. As a general rule, when a litigant seeks to prove assertions that are not merely factual observations, but rather assumptions or conclusions derived from certain facts, such claims must be supported by an expert opinion prepared in accordance with applicable legal requirements.
This raises the question: what kinds of conclusions must be proven through an expert opinion?
Generally, the guiding principle is that information which cannot be directly perceived through ordinary human senses is considered a conclusion requiring expert analysis. For illustration, let us consider a case — not uncommon in our field — involving the failure of a steam boiler. The mere occurrence of the failure, the root cause of its formation, the failure mechanism, the feasibility of repair, and the associated repair costs are all matters that only a qualified expert can properly determine.
It should be emphasized that a person lacking expertise in this field cannot reliably determine such conclusions, and it is equally clear that a court would not accept testimony on these matters from a non-expert witness.
Who Is Considered an Expert?
An expert is generally a person possessing formal education and professional experience in the relevant field.
In many cases, an expert opinion is required even before legal proceedings are initiated, in order to establish the legal basis of the claim. In some matters, a lawsuit cannot even be filed without attaching the relevant expert opinion.
Frequently, the defendant chooses to submit a counter-opinion in response to the plaintiff’s expert opinion. Such counter-opinions often contradict, to varying degrees, the conclusions presented by the opposing expert.
Courts often appoint, in addition to the experts retained by each party, an independent court-appointed expert who also prepares an opinion regarding the disputed matter. The purpose is to assist the court in deciding between the conflicting expert opinions presented before it. In many cases, courts adopt the opinion of the court-appointed expert, based on the assumption that such an opinion represents the most objective assessment of the dispute.
It should nevertheless be clarified that courts are not obligated to accept the contents of any expert opinion, including those of a court-appointed expert. Courts retain broad discretion and may accept an opinion in full, in part, or reject it entirely.
Professional Expert Opinions by Aewics
Aewics Engineering Services, by virtue of its many years of industrial and engineering experience, together with the legal knowledge of its managing director, possesses extensive expertise in preparing professional, well-founded expert opinions in the format required by Israeli courts.
Among the principal fields in which expert opinions are provided are:
- Pressure equipment
- Welding
- Natural gas systems
- Israeli and international standards
- Import procedures and goods inspections according to Israeli standards requirements
- Product inspections במסגרת Israeli Standards Mark certification programs
- Inspections carried out by inspection bodies, including the Standards Institution of Israel
