In law cases, there are more and more requests for an opinion from an expert witness. Expert witnesses often play a crucial role in law cases and are used frequently. Most people are familiar with the concept of an expert witness, having seen such testimony in television and movie courtroom dramas. Experts are a staple in lawsuits and are often used to clarify the matter when a dispute exists. Witnesses are described in the law as experts because of their specialized knowledge and experience. Lawyers, the parties, and judges in the case can ask for an expert’s opinion.
Who Can Be an Expert Witness?
Specific rules define whether or not a person qualifies to testify as an expert witness. The subject matter of the testimony must relate to the specialized knowledge an expert witness possesses. Experts can testify if they have any specialized knowledge that will assist the court in interpreting the evidence or deciding the facts. Some experts are considered qualified because of their educational background, while others might have developed their expert qualifications through professional and life experience, instead of through formal education.
Expert witnesses can play an essential role in facilitating the court’s understanding of a variety of psychological, financial, social, and technological issues. Besides specialized knowledge, expert witnesses need to demonstrate that their specialized knowledge, qualifications, and skills regarding the matter at hand are reliable.
What Is Considered Expert Testimony?
Qualified expert witnesses should be able to explain to a judge or jury the basis or reasons for the opinion they express. Their testimony is an analysis and interpretation of circumstances
and facts. A mere isolated fact or piece of evidence can often be a meaningless thing, but, when interpreted and explained by an expert witness, it can become much more substantial as evidence.
Expert testimony can be on a wide range of different subjects. For instance, a doctor may examine a patient and give the expert opinion that the patient is permanently
incapacitated. This opinion can be given to a judge or jury to help them reach a conclusion in the case. This is typical of expert testimony.
Reliable testimony can be considered qualified testimony when it is:
- Based on data and sufficient facts
- From authentic principles and methods
- Applied reliably to the facts of the case
- General accepted within the community
- Subject to peer review
There will typically be a written agreement that establishes and defines the role of the expert in a particular case. Expert witnesses’ can be helpful in all the stages of lawsuits, from providing an initial case review to testifying and giving evidence at trial.
In sum, particular rules apply when determining whether someone is qualified as an expert witness and whether their testimony is reliable. A lawyer will be aware of the rules and practices when choosing the appropriate expert witness in your case. Some attorneys have expert witnesses that they work with on a regular basis. Seek out a qualified and credentialed attorney in your local area to find out more information.