An expert witness has substantial expertise or knowledge in a specific subject or discipline beyond what a layperson would expect. Their duty is to use their experience to provide a professional opinion to the tribunal or court on specific issues under dispute.
An expert witness’s salary is estimated to be between $28,594 and $38,776 per year . The structure for an expert witness’s fee depends on the nature and lifecycle of the case. Record reviews typically charge an hourly fee. For instance, the average fee charged by medical expert reviews is $356, neurosurgeon witnesses is $741, emergency medicine experts is $381, and nursing specialists is $190.
The article below will explain the aspects of expert witness salary in depth.
What is an Expert Witness?
The one who has extensive knowledge in a specific field and applies their expertise to provide a qualified opinion to a tribunal or court.
Expert testimony can cover any subject within their area of expertise, as long as it assists the jury. They clarify, explain, and offer opinions on difficult issues that an unqualified person would not grasp
How Much Does an Expert Witness Make in the US
The salary range for an expert witness job ranges from $28,594 to $38,776 per year in the United States. Their fees in the United States differs by cities. The city with the highest salary is San Jose, followed by Santa Clara, and the state with the highest salary is the District of Columbia.
The magnitude of pay by the US has a greater relationship with the demand for jobs and the cost of living. Since the District of Columbia has a higher demand and cost of living, their salary is much higher than states with lower demand and cost of living.
What are the Highest Paying States for Expert Witness Jobs
The top five states in the US with highest expert witness salary are are:
- District of Columbia
- California
- New Jersey
- Alaska Massachusetts
Compared to the average salary of an expert witness in the United States, the District of Columbia pays the highest.
What are the Types of Expert Witnesses
They play an important role in judicial procedures because they provide expertise and specialized insights that help judges and juries grasp difficult issues. These people are recognized authorities offering professional advice based on their knowledge.
Source : Freepik
There are several categories of expert witnesses, each bringing their own expertise to the courtroom:
- Medical expert
- Vocational expert
- Engineering expert
- Forensic expert
- Financial expert
- Security expert
- Mental health expert
- Parenting expert
- Intellectual property expert
- Social media expert
- SEO expert
- Internet defamation expert
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What are the Highest Paying Specialties of Expert Witnesses?
The pay for an expert is determined by the case. They are paid on an hourly basis depending on their area of competence. Usually, a witness earns $13k for 25 hours of service. However, in one example, a forensic architect who analyses the causes and sources of building problems was paid $2.4 million. This is when the case’s nature and area of expertise come into play.
Medical expert salaries account for majority of the highest-paying jobs. Hand surgeons recruited to testify in medical negligence claims can earn up to $1.4k per hour. The highest-paid experts are in the field of medicine followed by marketing, science and technology, law, policy-making, and trades.
What is the Process an Expert Witness has to go Through to Get Paid
Fee structures are built around the nature of the services of a case. Initial consultations involve assessing the technical aspects of a case, while record reviews involve reviewing the records of the case for an hourly fee, with varying rates. Report writing is a written report submitted to opposing counsel before trial, detailing the expert’s intended testimony and providing it to opposing counsel.
Deposition appearances involve depositions where the opposing counsel questions experts on the record and experts may charge a daily rate for every trial appearance. Since expert witness salaries are ad hoc services based, independent contractors must set their own fee structures for different types of expert witness services.
Source : Freepik
1. Consultation
The attorney may get on a conference call to analyze the technical issues of the case. An expert witness’s assistance in evaluating their client’s story, as well as the lawyer’s initial reaction, can be crucial in determining case viability and strategy.
Here the expert may agree on an hourly charge for initial meetings, while refraining from providing free consultations throughout the interview and negotiating process.
2. Reviewing Records
Once the consultation is complete, attorneys often seek expert consultants to review records in the early stages of cases, such as medical malpractice cases. These consultants help understand patient history, treatment experiences, and medical professional standards. The average hourly fee for record reviews is $356, with neurosurgeons charging $741, emergency medicine specialists $381, and nursing specialists around $190.
3. Inspecting Sites
After records are reviewed, which may include records from any field, the site of damage or object of the contest is inspected. For instance, structural engineering and architectural experts are hired to conduct site inspections in building disputes. These inspections assess the damage from natural disasters or negligence. Hourly rates vary based on expertise and credentials.
4. Performing Tests
Once the initial grunt work is done, the expert begins to work on tests and models for the calculation of damages. This expert witness salary is often paid by the hour. In antitrust cases, economists determine plaintiffs’ potential damages due to defendants’ alleged price-fixing schemes. In personal injury and medical malpractice cases, lost wage calculations estimate the plaintiff’s potential earnings if they were not sidelined by injuries.
5. Writing Reports
Once the main ‘homework’ is completed by the expert, they begin writing the expert witness reports. To testify at trial, a written report must be submitted by an expert, signed by the expert, detailing their opinions, facts, and data considered. The report must include the expert’s qualifications, prior engagements, and compensation for the case. Experts are typically paid by the hour for writing these reports.
6. Disposition
There are two fee approaches: hourly rates(e.g., $267 per hour for accident reconstruction experts, $344 for banking experts, and $235 for OSHA experts), which include travel expenses, and flat rates, either daily or half-daily.
7. Trial
Lastly, experts may charge a daily rate for trial appearances, allowing new experts to observe proceedings and wait in court before testifying. This approach avoids overlooking witness time and includes travel, non-testimony time, and waiting for stand time. It is a sensible approach for this phase of the expert lifecycle.
Conclusion
An expert witness is an expert with educational and personal qualities that allow them to communicate with the jury regarding the case. An expert witness’s salary depends on the nature of the case, the expertise of the expert witness, as well as the demand and cost of living of the state in which the expert witness wishes to work.
Expert witness salary is the highest in the District of Columbia and the highest salary is of a medical expert witness salary. The process for an expert witness to get paid begins from consultation and ends at trial. One can find them through various methods and sites.
Expert Witness Salary: FAQs
1. Who is the highest-paid expert witness?
Medical expert witness salary is the highest, their hourly rates ranging from $100 to $2,500, with a median and average of around $500 and many requesting a retainer of $2000 to start.
2. Who pays expert witness fees?
Typically, the expert witness’ salary is paid by the party requesting the their evidence. Their fees include the expert’s time, knowledge, and legal preparation.
An attorney may pay the expert witness’s salary, which is reasonable. The customary fee is paid for preparing and providing the expert testimony and is independent of the outcome of the case.
3. How much is the physician expert witness salary?
Physician expert witnesses salary is between $500 and $1,000 per hour. Specialists are frequently paid more than generalists. A medical expert can make more than $100,000 per year by working as little as four hours per week.
4. How much is an expert witness nurse salary?
An internal expert witness’ salary is between $20-$60 per hour, whereas an Advanced Legal Nurse Consultant (ANCL) who works independently can earn $125-$200 per hour.
5. How much is a forensic psychology expert witness’s salary?
A board-certified forensic psychiatrist expert witness salary is between $350-$1,000/hour.
Licensed psychologists with forensic expertise can charge between $250-$600. Testimony for both is 30-50% higher than the base fee.
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