A person who wishes to initiate legal procedure or to defend himself against one, is required not once to obtain an expert opinion in order to prove his claims. The rule is that a party seeking to prove his claims, which do not constitute facts, but are considered theories or conclusions concluded from certain facts, must prove them using expert opinion prepared in compliance with the lwa regulations.
The question is what are those conclusions which must be proven by expert opinions?
In general, the main idea is that the information that a person cannot absorb in his senses considered as a conclusion which require an opinion. Let us imagine for the purpose of illustration case of steam boiler's failure, situation which is not uncommon in our world. The failure itself, the source of creation, failure mechanism, the possibility to be repaired and its cost, are considered conclusions that only an expert can determine. Note that anyone who is not an expert in this field cannot determine these conclusions, and certainly clear that the court would not accept his testimony on the subject.
So who is an expert?
Expert is usually a formal high educated and experienced person in the relevant field.
Sometimes the opinion is required before taking the legal process, in order to establish the claim, and the claim cannot be presented without attaching the expert opinion.
Often, the defendant chooses to present against the opinion submitted by the plaintiff, a counter-opinion that generally, contrary to some extent, to the opinion presented by the plaintiff. Court often appoint, besides each party expert, an expert on his behalf who also present his opinion about the matter at issue, in order to assist the court to decide between two opposing opinions. In most cases, the Court adopts the expert's opinion on his behalf, based on the assumption that the opinion is most objectively reflects the subject dispute.
Note that the court is not committed to accept the aforementioned opinion presented by a particular party or by the court's expert appointed by it. Court has wide judgment in this matter, and it may receive what is said in the opinions in full, in part or even reject them entirely.
AEWICS company, which has many years of experience in the industry and many engineering fields, and based on legal knowledge of its leader, proficient in providing professional expert opinion, in the format required by the courts.
The main issues for the provision of expert opinion include:
- Pressure equipment, welding, natural gas
- Israeli and international standards
- Import procedure and testing of goods according to Israeli standards requirements
- Testing of goods as part of Israeli Standard's Mark
- Tests carried out by inspection bodies, including the Standards Institution of Israel