Will Expert Testimony Strengthen My Case?

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

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.  

Unbiased Opinion

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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Expert Testimony: What Is It, and How Does It Help?

Expert testimony can be an extremely valuable tool in several types of lawsuits, particularly those involving personal injury. Let’s look at the most common types of expert witnesses and some ways that they can strengthen your case.

– Consulting witnesses and testifying experts

Consulting experts generally provide information about facts in a lawsuit. This is helpful while building a case, but a testifying expert is likely more useful. This person will provide expert testimony under oath in court.

– Help explaining technical language and jargon

One of the most valuable functions of an expert witnesses’ testimony is their ability to explain complex technical language and industry jargon. This is especially helpful when dealing with medical terminology in a personal injury or class action lawsuit. If a doctor’s report is used as evidence, they can walk through their conclusion and explain in layman’s terms what a phrase or diagnosis means. In the case of injury or disease caused by negligence, medical lingo can become very complicated very quickly. An expert can easily break it down.

– Provide an unbiased opinion

Expert witnesses take their duty to their profession very seriously. They know that they put their credibility on the line when they swear in and provide testimony under oath. It is not only illegal to provide false testimony, but it is also unethical and against their best interests to provide biased testimony. They must objectively evaluate the information with which they have been presented and answer questions from both the prosecution and defense in such a way that shows their allegiance only to the truth and the facts that they see before them. Expert witnesses understand that they must be able to speak with authority in front of a jury and work to help explain facts to all involved.

– Provide a report that could lead to a settlement

Expert witness testimony can also perform a crucial service that can keep you out of the courtroom to begin with! Generally, the expert will provide a sworn written statement when they are hired by the representation of the victim. When the plaintiff’s defense receives this statement, the very fact that they know opposing counsel has retained an expert witness may compel them to settle. In this subtle way, expert testimony can work as leverage to put a halt to legal proceedings.

An expert witness can provide testimony that will clarify your lawsuit to the jury, and explain the long-term effects of an injury or disease, making your personal injury case much stronger.