The Role of Expert Witnesses in Personal Injury Cases
June 22, 2023
In personal injury cases, expert witnesses are often called to testify. In order to understand the role of the expert witness, we need to understand the basics of personal injury cases.
Personal injury cases involve determining who is liable for an injury, and thus responsible for possible damages. In order to do this, it is often necessary to have a comprehensive knowledge of the area of law involved. Expert witnesses are used to provide more in-depth understanding and analysis of the case, especially if the facts of the case are complex.
In legal terms, expert witnesses are considered “persons of special knowledge or skill,” as defined by the Federal Rules of Evidence. They are qualified to give opinions or testimony about their area of expertise in order to help the court reach a proper conclusion about the facts of the case. This includes providing an opinion about the cause of an injury, or any other issue that the court believes requires an expert’s knowledge.
The expert witness must be qualified as an expert in the field, and must also be impartial. That is, their opinion should reflect facts and analysis, not personal opinion. Additionally, the expert witness is required to be unbiased, and must provide only facts and opinions that are relevant to the case.
The role of the expert witness is to provide the court with an understanding of the technical aspects of the case. They may be used to:
- Explain a complex medical procedure
- Explain the technical aspects of a particular product
- Provide an independent analysis and evaluation of the parties’ claims and arguments
In summary, an expert witness is an important part of a personal injury case. They provide a knowledgeable opinion, as well as an impartial perspective, to the court. Expert witnesses can provide an independent assessment of a case, and allow the court to make an informed decision.