Will Expert Testimony Strengthen My Case?
Expert Testimony in Civil Lawsuits
Determining whether or not expert testimony will strengthen a legal case, is dependent on many different factors but as a general rule, many lawyers recommend using expert testimony to strengthen a case when it is possible to do this.
Expert testimony is testimony in a court case that is given by someone who can be deemed to qualify as an expert in the field they work in. It is often given by someone that is qualified in a scientific, technical, or professional discipline because of their experience and/or education in a particular field. Experts are often called upon to testify because of their knowledge and experience with a particular niche of their professional work.
To be admissible in court, expert testimony must concern specialized knowledge, and it is supposed to aid the trier of fact in proving their side of a case. An expert’s opinion should be sufficiently validated by what peers in their field would deem as sound reason and method. As well, an expert’s opinion needs to be relevant to the facts in the case.
Ultimately, an expert’s testimony should provide the judge, and if there is one, the jury, with an impartial opinion based on complex facts that may be difficult for a layperson to understand.
Expert witnesses are typically paid for by the side that is calling them as a witness.
Ways Expert Testimony Can Help to Win a Personal Injury Case
While there are many different kinds of cases that expert testimony can help to strengthen a case, one of the more common kinds of cases that expert testimony is used in are personal injury cases. There is a wide range of experts from many different fields that may be called upon for a particular personal injury case. The following are some common ways that expert testimony may help to win a personal injury case:
Complex and Technical Jargon
Good expert testimony helps to explain complex jargon in a language that lay people with many different kinds of education, different levels of education, work experiences, and life experiences, etc. can understand critical facts as well as a general understanding of the expert’s area of expertise.
Expert witnesses are supposed to attest to their professional opinion based on evidence and fact while remaining neutral, with no allegiances to either the plaintiff or defendant in a case. In reality, while expert witnesses do this, opinions can differ and your side of the case should only call expert witnesses to testify if their expert opinion is aligned with the arguments of your case.
Establish Long-Term Impact of Injuries
Expert witnesses can provide information that will explain how the plaintiff’s injuries are likely to impact them financially over the course of their life.
Explaining these economic losses can help to maximise an award or settlement amount.
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