Have you ever been put in danger because of someone’s negligence or perhaps someone has made a claim against you? In either case, you may be asking yourself a lot of questions especially to prove your innocence. Some of these questions may be “do I need expert witness testimony?” or “are there benefits in hiring an expert witness?” If you want to know the answers to these, read on.
What is an Expert Witness?
The term “expert” has a broad meaning in the law, and it can be used to refer to any person who possesses specialized knowledge that will assist you or your attorney in understanding the facts of your case.
An expert witness may have experience with similar cases, or he or she may have special training that allows them to understand the issues involved in your particular case.
For example, if you are suing for injuries caused by a defective product, then an expert on products liability would likely be helpful to you.
In addition, experts often testify about medical matters such as whether a patient suffered from a disease before his death, or whether a doctor properly performed surgery. Experts also offer testimony regarding scientific evidence, like DNA analysis, which requires specialized expertise.
All in all, an expert witness is a person who provides testimony regarding their expertise in a particular field. They may be asked by a lawyer to testify in court regarding a certain topic.
What is the Role of an Expert Witness?
An expert witness plays a key role in litigation because they provide information that helps the jury make decisions based upon fact rather than emotion. An expert witness’s testimony can help the jury decide what happened during the incident at issue in your lawsuit. If you hire an expert witness, you will pay them to provide this type of testimony.
Who Should be My Expert Witness?
When people think of expert witnesses, they usually think of lawyers, doctors, and other professionals who testify in court. However, there are other types of experts who can help you win cases.
Here are some examples of expert witnesses who can help you win your case:
1. Medical Experts
These professionals usually have advanced degrees in medicine, nursing, dentistry, pharmacy or psychology. They can give opinions about how a patient was injured or treated after an accident.
2. Scientific Experts
These professionals typically hold advanced degrees in science, engineering, mathematics, or chemistry. They can explain technical aspects of a case, like the design of a car, or they can describe how a chemical works.
3. Forensic Experts
Forensic experts are sometimes called crime scene investigators. Forensic experts analyze physical evidence found at a scene of a crime, accident, or other event. These scientists collect samples from the scene and perform tests to determine how the evidence was obtained. They also compare those results to known standards to determine whether the evidence matches up to the standard expected for that kind of evidence.
4. Business Experts
Business experts can provide testimony about business practices, marketing strategies, and corporate structure.
5. Technology Experts
Technology experts can provide testimony about computers, cell phones, video games, and any other technology used in everyday life.
6. Construction Experts
Construction experts can provide testimony about construction methods, materials, and safety measures.
7. Financial Experts
Financial experts can provide testimony about financial transactions, insurance policies, mortgages, and other forms of debt.
8. Historian
Historians study past events and cultures. They gather facts and details about important historical events.
9. Economist
Economists study money, prices, production, and distribution. They also investigate ways to allocate resources efficiently.
10. Patent Attorneys
Patent attorneys can provide testimony about patent law, licensing agreements, and intellectual property rights.
What are the Requirements That an Expert Witness Must Meet?
The first requirement for expert witnesses is that they must have sufficient education and experience to form an accurate opinion and to be able to give a reliable testimony. Some examples of educational backgrounds and professional experiences that could lead to an expert qualification include:
- Doctorate degree in medicine, nursing, or pharmacy
- Master’s degree in any field
- Bachelor’s degree in a scientific field
- Professional certification
- Professional membership
- Continuing education
- Experience with similar cases
The second requirement for expert witnesses is to demonstrate that they have applied the correct methodologies as based on based upon sufficient facts or data when forming their opinions.
For example, if a doctor testifies regarding a patient’s injuries, they would need to apply the appropriate standard of care in treating the patient. If a doctor is testifying about the safety features of a product, they would have to use the appropriate testing methods to reach conclusions.
How Can I Find Experts in My Case?
A lawyer can help you find an expert witness by reviewing the records and interviewing witnesses in your case. They will interview potential witnesses and determine their qualifications.
Your lawyer should also review documents related to your case, including police reports, accident reports, medical records, insurance policies, depositions, and other relevant materials. This process allows your lawyer to identify possible expert witnesses and evaluate them against the criteria listed below.
What are the Benefits in Hiring an Expert Witness?
There are many benefits to hiring an expert witness to help you win your case, including:
1. Experience
Experts have years of experience in their fields. This means that they understand how things work and how to present themselves in court. They know what evidence is necessary to prove their claims and how to explain it to a jury.
2. Knowledge
Experts have vast knowledge in their fields and knowledge that is not available to most people. They may have studied at prestigious universities, attended conferences, published papers, or worked in laboratories. They may also have studied the same subject area for several years or decades. Experts also often have specialized training and certifications. Additionally, they have knowledge of the law and how it applies to cases like yours.
3. Reputation
Expert witnesses are well known in their fields. Their reputation precedes them, so clients hire them because they trust them. The same goes for their peers who may look to them for advice. Experts also usually have a good track record of success in previous cases.
4. Credibility
Experts are credible because they know what they are talking about. They have been trained and educated to provide sound information. They are also objective, which means they do not favor one side over another. They base their opinions on fact rather than emotion.
5. Professionalism
Experts are professional because they dress appropriately for court appearances and act with dignity. They treat each client with respect and make sure that all parties involved feel comfortable during the proceedings.
6. Ethical
Expert witnesses are bound to Code of Ethics respective to their profession. If in any way they do not follow this code or breaks its rules, it is highly likely that they will not simply be charged in the court of law, they might even end up losing their license. Because of this, expert witnesses will usually make sure that they will be ethical.
7. Communication Skills
Expert witnesses are able to communicate effectively because they speak clearly and concisely. They use simple language and avoid jargon even when what they are sharing is based on their specialized knowledge. They also listen carefully to ensure that they fully understand the questions being asked so they can provide accurate answers.
8. Time Management
Expert witnesses are efficient time managers because they plan ahead and prepare thoroughly before appearing in court. They also take notes and write down important details as soon as they hear something new. This helps them remember everything they need to say later.
9. Understanding of Legal Issues
Experts understand the laws governing their area of expertise. They know what evidence must be presented in order to support their claim. They also know how to argue their case in front of a judge or jury.
10. Availability
Expert witnesses are available whenever you need them. They work around your schedule and are willing to travel long distances if necessary.
With all these benefits, hiring an expert witness can help you win your case. Nonetheless, most of the time, the result of your legal battle will still depend on other things including your lawyer’s abilities to persuade the jury.
How Much Does it Cost to Hire an Expert Witness?
It depends on what kind of expert witness you need. There are different costs associated with each type of expert witness.
You should also take into account the amount of work involved. Some experts require less work than others.
You should talk directly to the expert witness you are hiring to know their rates.
How Do I Select a Lawyer Who is Experienced with Expert Witnesses?
When selecting a lawyer who specializes in expert witnesses, you should look for someone who has handled numerous cases involving expert witnesses. This includes cases where the plaintiff was injured and needed to call an expert witness to prove negligence. Also, it helps to find a lawyer who has worked with experts before.
Ask the lawyer if they really specializes in this type of work, ask them how much experience they have had with expert witnesses.
Ask the lawyer what types of cases they have handled. Then, ask the lawyer whether they have ever been involved in a case where an expert witness testified against their client.
What Should You Expect From Your Attorney During Trial?
Your attorney will interview each expert witness prior to the trial. They will also prepare questions for the expert witness during the trial. Your attorney will make sure the expert witness knows the rules of evidence so that they do not violate these rules.
Your attorney will also talk to opposing counsel about the expert witness. This way, your attorney can avoid surprises from opposing counsel.
During the trial, your attorney will cross-examine the expert witness. Cross-examination is questioning the expert witness about their qualifications, methodology, and opinion. Your attorney will try to show that the expert witness is biased or has made mistakes.
After the trial, your attorney needs to file all necessary documents with the court. These include motions to exclude the expert witness, motions to admit the expert witness’s report into evidence, and any other motions that may be filed.
Contact Us Today!
If you have been injured due to someone else’s negligence or you have been accused, you may qualify for expert witness testimony. But before you go that route, consider contacting a personal injury attorney first. They can provide valuable advice and guidance on how to proceed.
Oxner + Permar specializes in personal injury law. Call 1-800-319-9000 to speak with one of our attorneys today.
