There are two types of court witnesses: expert and lay witnesses. Lay witnesses are average people who testify based on their perceptions. Expert witnesses are people with a specialized skill set or knowledge.
Experts are called as witnesses to give an expert opinion. Usually, the opinion is scientific or relates to a complicated issue that the expert helps the jury understand. Expert testimony can be very persuasive and play a critical role in the outcome of a personal injury case.
Types of Expert Witnesses
There are countless types of expert witnesses. The only limitation is that an expert must have scientific, technical, or specialized knowledge that will help the jury understand an issue in the case.
Some of the most common types of experts in personal injury cases are:
- Doctors and medical professionals
- Financial experts
- Accident reconstructionists
- Engineering experts
- Mental health experts
- Damages experts
Even though these are the most common types of experts, many other expert witnesses can be relevant in a personal injury case.
What Do Expert Witnesses Do?
Expert witnesses can play a significant role in a personal injury case. Most commonly, their work includes reviewing evidence and giving an opinion on its implications for a larger issue in the case.
For example, a car accident reconstructionist might look at police reports, damage on a car, marks on the road, and listen to witness testimony to give an opinion on what caused a car crash.
Additionally, expert witnesses play an important role during the trial. They can help the jury and attorneys by explaining complicated and scientific evidence and tying hard-to-understand evidence together. If both sides have competing experts, one can help the lawyers prepare to cross-examine the other expert and present a stronger case.
Rules for Expert Witnesses
Not just anyone can call themselves an expert and testify in court. An expert witness needs to be qualified. Qualification is a specific process where the attorney lays the foundation to show that the witness is indeed an expert.
Before the expert can testify to their conclusions as an expert witness, the attorney must show:
- The expert’s skills, knowledge, experience, education, and training
- This specialized knowledge will help the jury understand evidence or determine a fact in issue in the case
- That the expert’s testimony is based on sufficient facts and data
- The expert used reliable principles and methods
- The expert applied the principles and methods reliably to the case
If the attorney cannot meet these requirements, then the expert cannot testify in court.
Facts and Data
The sufficient facts and data requirement means that the expert had access to the information necessary to make an opinion, which can include:
- Witness testimony
- Other expert reports and opinions
- Physical evidence
- Medical reports
- Relevant records
- Photographs
- Police reports
The key is that the expert had access to enough information to form a reliable opinion.
Principles and Methods
The principles and methods requirement often comes into dispute at trial. This component means that the expert’s methodology is reliable and commonly accepted in their field. Furthermore, the expert must apply this methodology reliably to the information that they analyzed.
Sometimes an expert’s methodology may be outdated, or there could be a more reliable method that experts now use. An attorney can question the opponent’s expert on these points and potentially have them disqualified.
Additionally, even if the expert’s methodology is sound, it could be applied inaccurately. For example, if the expert uses a mathematical formula but inputs the wrong data, it could be unreliable.
Are Expert Witnesses Impartial?
Expert witnesses are considered impartial witnesses, even though it doesn’t always feel that way. Some expert witnesses testify for both plaintiffs and defendants regularly. Other experts are only called by one side or another as a matter of routine.
Behind the scenes, an attorney may consult with several expert witnesses on an issue until they get an opinion that helps their case. That may be the expert that they call in court and who ultimately testifies in front of the jury.
At the end of the day, experts are getting paid for their time. During cross-examination, most lawyers will ask experts about their fees and how often they testify for plaintiffs or the defense in an attempt to show bias.
How Much Does It Cost to Hire an Expert Witness?
The cost of hiring an expert witness in a personal injury case varies greatly. Most expert witnesses have an hourly fee, but some charge a flat rate, especially in smaller cases.
Ultimately, the fee depends upon:
- The type of expert
- The experts experience
- The complexity of the case
- The amount of evidence to review
- The hours worked preparing an opinion
- Whether or not the expert testifies at trial
- If the expert needs to travel to work on the case
Some experts consult on a case and never testify at trial. This tends to be less expensive because they don’t need to spend hours, or even days, in court. Highly sought-after experts who need to travel to testify in court will usually cost the most.
In many cases, an expert’s fee is not included in a personal injury lawyer’s contingency fee. You should talk with your attorney about whether or not you are responsible for paying for an expert in your case.
Contact Our Personal Injury Attorneys to Schedule a Free Consultation
Expert witnesses often play a pivotal role in personal injury claims, helping to clarify complex issues and strengthen your case. At Parker & McConkie Personal Injury Lawyers, we understand how to identify and work with the right experts to support your claim and present the strongest possible case on your behalf.
If you’ve been injured due to someone else’s negligence, contact us today at (801) 851-1202 for a free consultation to explore your legal options and learn how expert testimony could support your claim.
