California civil trials can often hinge on the accounts of expert witnesses. Expert witnesses play a pivotal role in presenting evidence, resolving a case, and enhancing the legal strategy of a defense of the plaintiff. California civil litigation in a courtroom requires a thorough understanding of how an expert witness and their qualifications can benefit a claim.
What is an Expert Witness?
An expert witness is an individual with specialized knowledge, skill, education, or experience that goes beyond what is considered common knowledge. Examples of expert witnesses in civil cases include:
- Medical doctors
- Engineers
- Accountants
- Business evaluators
- Accident reconstruction experts
- Forensic scientists
- College Professors
- Nurses
The nature of the accident will usually determine what type of expert witness will be relevant in your case. An expert witness will have the crucial task of breaking down complex information and presenting it in a way a judge or jury can understand. The explanation of an expert witness involves explaining technical or industry-specific jargon, processes, or phenomena. For example, in a medical malpractice case, an experienced surgeon may be used to detail the nuances of a surgical procedure and the type of care a patient should receive.
What is a Daubert Challenge?
A Daubert challenge is a motion filed by opposing counsel ahead of a trial that questions an expert witness’s qualifications or methodology. Once a challenge is filed, the expert witness must establish their proper qualifications and how their professional opinion is accepted by the scientific community.
The term is derived from the 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc. The Daubert Standard is based upon the decision reached by the court in this case. The decision states that criteria must be provided so that the judge may make a preliminary assessment of the admissibility of expert testimony presented in the United States Federal and State legal proceedings.
What is an Expert Report?
An expert report is given by an expert witness that covers matters that will be discussed in court. This report must include the expert witness’s qualifications and the facts they have been provided to reach their educated opinion on the matter. Their duty when giving this report is to be impartial to either side in the case, regardless of which side has retained their services. Once an expert report has been given, both sides in the case are permitted to review it before it is used in trial.
For that reason, it is vital to select the right expert witness for your case, as their testimony will significantly impact the outcome. An expert witness must not only be an expert in their field, but they must be able to maintain consistency in their answers and withstand cross-examination during a trial. An effective expert witness should demonstrate a high level of detail and professionalism when communicating complex concepts on your behalf.
Jury Instructions for Expert Witnesses
Many state courts offer similar expert witnesses jury instructions after an expert witness has given testimony in court. According to the United States Courts for the Ninth Circuit, jury instructions go as follows:
“You [have heard] [are about to hear] testimony from [name] who [testified] [will testify] to opinions and the reasons for [his] [her] opinions. This opinion testimony is allowed because of the education of experience of this witness. Such testimony should be judged like any other testimony. You may accept it or reject it, and give it as much weight as you think it deserves, considering the witness’s education and experience, the reasons given for the opinion, and all the other evidence in the case.”
Contact a Personal Injury Lawyer in California
If you or a loved one has suffered an injury in California due to carelessness, recklessness, or an intentional act, the attorneys at Maison Law can help you get the compensation you need. Our firm understands the legal nuances of personal injury law and will utilize high-level expert witnesses to testify on your behalf if your case goes to trial. For expert legal counsel, contact Maison Law today for a free consultation and case evaluation. You are under no obligation to pay us for our services unless we win your case.
