When you’re proving your case in court, eyewitness statements and hard evidence are key components of your case. However, an expert witness is an essential tool experienced Personal Injury Lawyers use to prove their clients’ cases and achieve optimal results in court or during settlement negotiations.
Are Expert Witnesses Required in Personal Injury Cases?
While an expert witness is not required for a personal injury case, an expert witness can make or break a case due to their high level of knowledge and the weight their opinion can carry on a complex topic. So, it can help to have one on your side if you need to confirm your injury and the impact it will have on your life.
Courtrooms can be high-pressure environments where any mistakes will be highlighted and potentially used against you. An expert witness will be well acquainted with the courtroom environment and will have no problem testifying on your behalf.
How Expert Witnesses Can Strengthen Your Case
Expert witnesses can significantly enhance the presentation and understanding of evidence in personal injury cases, especially when evidence is being put in front of a judge or jury. An expert witness report will typically provide the following:
- Clarifying complex information: judges and juries will usually need help translating technical and medical complexities into understandable terms to understand the nuances of a case
- Establishing causation: expert witnesses can provide detailed analyses of the circumstances surrounding the accident, establish causation, and show how the defendant’s actions led to your injury
- Adding Credibility: the testimony of a respected expert can add significant weight to a case, lending credibility to your claim
- Facilitating settlements: expert assessments can help influence the negotiation process by providing support to well-substantiated claims and witness testimony
Choosing the Right Expert Witness for Your Personal Injury Case
Choosing the right expert witness is a critical point in any personal injury case. The following factors should be considered when appointing an expert witness:
- Relevance: an expert witness’s qualification and experience must directly relate to the case. They should also have a deep understanding of the subject matter before writing a report or speaking in court.
- Credibility: credibility is paramount for any expert witness. The expert witness you choose should have a strong professional reputation and can communicate effectively to a judge and jury. The expert witness should also not have a conflict of interest with anyone involved in the case to avoid any bias claims.
- Experience in court: an expert witness familiar with courtroom procedures and understanding of how to deliver a successful testimony can be a valuable asset in your case.
- Compatibility with your legal strategy: an expert witness’s approach should align with you and your attorney’s legal strategy for the case. Their report or testimony should work effectively with the narrative of your case.
Admissibility of Expert Witness Testimony: The 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. Basically, the opposing counsel must believe an expert witness’s testimony does not meet the Daubert standard, which requires an expert witness’s testimony to be based on sufficient fact or data and is the product of reliable principles and methods. 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.
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 necessary. 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.
