SILICOSIS Article #5
When to Bring in the Expert – And What Happens If You Wait Too Long
By Gil Chotam & Greg Andrews | National Tile and Stone Authority (NTSA)
One of the most common mistakes we see in silicosis and construction litigation isn't about what a lawyer does, it's about when they do it.
Waiting too long to involve your technical expert doesn't just delay strategy. It limits your options, weakens your claims, and, too often, locks in a narrative shaped entirely by the other side.
Whether you're on the plaintiff or defense team, timing isn't a formality. It's a weapon. Here's why.
- The Best Evidence Fades Fast
In exposure cases, the physical conditions often change before a case even hits discovery.
- The shop where the dust exposure happened? Cleaned or remodeled.
- The saw used in fabrication. Discarded or upgraded.
- The jobsite logs? "Misplaced."
- The key photos or SDS sheets? Never taken or long forgotten.
An expert who gets involved early can flag what needs to be preserved, documented, or photographed, before it disappears. The longer you wait, the more you rely on memory, assumptions, or secondhand reports.
- The First Report Shapes the Narrative
If the other side brings in their expert first, they get to frame the facts. Your client is now in reaction mode, not strategy mode.
We've worked cases where opposing experts filed confident (and flawed) reports first leaving our clients to play catch-up. Even when we dismantled the findings, the momentum was already off.
In contrast, when we're brought in early, we help control:
- The causation timeline
- The scope of duty and standard of care
- How site conditions and practices are documented
- Who actually contributed to the failure or injury
This narrative sticks. And it puts your team on offense.
- Expert Input Can Shape Your Discovery Plan
Want the right documents? Ask the right questions. Want the right questions? Ask your expert first.
In cases involving silica exposure, installation failures, or toxic environments, we often guide attorneys on:
- What to subpoena (e.g. respirator fit test logs, tool specs, slab shipping records)
- Who to depose (e.g. shop foremen, site safety reps, vendor reps)
- How to interpret vague answers or partial disclosures
When you wait to hire the expert until after discovery closes, you've missed your shot to dig where it matters most.
- Last-Minute Experts Are Easy to Challenge
Judges and opposing counsel don't like surprises. Bringing in an expert, even if fully qualified, creates friction:
- Courts may limit their scope or deny their report
- Opposing parties claim they're a "hired gun"
- The expert has no chance to visit the site or verify claims
- You lose time for rebuttal if discovery is already closed
This isn't about fairness, it's about strategy. Experts should be part of case development, not a Band-Aid for trial.
- The Value Multiplies Over Time
When we're brought in early, we don't just write one report and disappear.
We help:
- Build timelines
- Track changes in site conditions
- Translate standards into plain legal language
- Flag contradictions in depositions
- Offer rebuttal language for motions or mediation
- Draft visuals or demonstratives that land with juries
In short, we don't just testify. We help build the case.
Final Thought: Early Experts Aren't a Cost - They're Leverage
Hiring the right expert early isn't about checking a box. It's about unlocking strategic tools that make your case stronger, clearer, and more resilient to attack.
At NTSA, we've seen what happens when experts are brought in too late—and we've seen how different the outcome can be when we're part of the first call, not the last one.
If you're managing a complex exposure or construction case and want to shape the facts, not chase them, bring us in early. You'll be glad you did.
PREVIOUS: SILICOSIS Article 4: How to Write an Expert Report That Withstands Cross-Examination
NEXT: SILICOSIS Article 6: How a Misunderstood Standard Can Sink Your Case
