What is The Role of an Expert Witness in a Trial?

An expert witness is a person with extensive knowledge or experience where they can express their independent opinion based on the information provided. An expert can be employed in various capacities at arbitrations, tribunals, and litigation.

In order to solve a dispute, it becomes necessary to have an opinion on evidence to support the case. An expert witness is involved in court proceedings to assert their technical analysis to assist the evidence.

Expert Witness in a Trial

An expert witness is someone who has specific knowledge, training, education, skills, and/or prior experience that is superior to that of an average person. Federal and State courts permit expert witnesses to testify during cases in order to assist the judge/jury in reaching a decision.

A skilled expert witness in a trial will take technical jargon, along with complicated situations to further explain them in a way that the jurors and the other members can make sense of. Additionally, the role of an expert witness can sometimes be to evaluate potential cases.

The role of an expert witness in an advisory role can help by advising the clients on the most beneficial calculation methods. They estimate preliminary high and low ranges of losses in a formed case to be dealt with. They provide comprehensive and fundamental advice on the case that can transform the dynamic of court proceedings.

When to Ask for Expert Witness Services?

The types of experts that attorneys can retain are as varied as the subjects that attorneys can litigate. The ultimate purpose of an expert witness is to provide insight into a knowledge or skill that may further help in assisting the case.

The more complex the cases, the more likely it is that the role of an expert witness will be to require the assistance of opinion on certain judicial matters. Also note that there might be a requirement of a class action expert witness depending upon the circumstances and the case.

How Can an Expert Witness in a Trial Affect the Results of a Case?

Expert witnesses have the power to make or break the case. Their testimony is a crucial and a fundamental part of a litigation strategy to help a jury better understand the facts of a case. While strong expert witnesses can strengthen your case and provide credibility to your arguments, weak expert testimony can undermine your case, and at worst derail it.

Hence, this is why having qualified experts who will hold up under the harshest cross-examination is invaluable. One must stay assertive while ensuring your expert’s credibility and uncovering weaknesses that could discredit your expert opinion.

What are the Types of Expert Witnesses?

The role of an expert witness is to provide opinion that may be required in adoption proceedings, child custody battles, medical malpractice, personal injury claims, product liability, criminal law, divorce, financial and securities matters, and beyond.

In order to find an expert witness, we must first know their types and the services which they can cater. The types of expert witnesses that may be required in order to assist your case are:

• Medical Experts
• Vocational Experts
• Engineering Experts
• Forensic Experts
• Financial Experts
• Securities Experts
• Mental Health Experts
• Parenting Experts

Experts are needed in various circumstances based on those specific facts to a given case.

Medical Experts  in a Trial

Medical experts include doctors, nurse practitioners, physical therapists, or any other medically trained individual known as a professional. Medical expert witnesses may testify in medical malpractices or personal injury cases suffered by a plaintiff.

Medical experts in a trial may also testify in certain criminal cases to shed light on the nature and extent of the injuries sustained by a victim of a criminal assault.

Financial Experts in a Trial

Financial experts are not only technicians within their chosen field, they are communicators. Even the most technically proficient experts will fall flat on their faces if not prepared to concisely and accurately communicate their findings. This must be done both written and verbally, to clients, opposing counsel, and the trier of fact.

Financial experts in a trial may assist in a divorce case, a forensic accountant may determine the various potential aspects of a court proceeding. Forensic experts can also assist in probate court by determining the value of various pieces of property, from rental property or a family business to antiques, art, jewelry, and gun collections.

Engineering Experts in a Trial

An engineering experts in a trial provides comprehensive engineering analysis in their field of expertise and serves as consultants to the legal profession in the court of law.

In a product liability case, questioning whether a product was designed or manufactured safely, an engineer may apply their expertise and assist the jury in reaching a decision.

Vocational Experts in a Trial

Vocational experts can offer opinions on whether someone is capable of returning to work, and if so, in what capacity. They may also offer expert opinion on how long it might take for a professional person trained in a particular skill set or job so that they can become independent.

Forensic Experts in a Trial

The role of an expert witness in a trial may be involved in one of any number of areas of scientific pursuit. They may be:

• an anthropologist
• a biochemist
• a chemist
• a dentist
• a medical examiner
• a psychologist
• a psychophysiologist
• a toxicologist

They may even be an expert in areas such as:

• Ballistics
• Computers
• Crime scene reconstruction
• Fingerprints
• Firearms
• Explosives
• Handwriting
• Textiles
• Toolmarks

Most people associate forensic expert witnesses with criminal cases, furthermore, they can also assist in civil court proceedings.

Security Expert Witness in a Trial

Security specialists offer expert witness services across a diverse range of risk management and security-related issues, from assessing insufficient security and negligence to foreseeing future threats, security guard training, and operation. In cases involving white-collar fraud, a securities expert may be important.

A securities expert can help examine the evidence and the state of the market at the time of determinations about deliberate fraudulent actions. They can also assess whether a financial institution failed to meet its fiduciary duties through action or inaction.

Mental Health Expert Witness in a Trial

There are a variety of situations wherein the mental health of one or more parties involved is in question. Was someone of sound mind when they changed their will? Was someone criminally insane at the time they committed a criminal act? Has a person been restored to competency such that they can return to handling their financial affairs? All of these questions can be answered by mental health experts who evaluate the individual and offer an opinion.

Parenting Expert Witness in a Trial

Parenting experts routinely offer their expertise in cases ranging from adoption to divorce to the termination of parental rights. A few instances in which a parenting expert may lend their expertise include evaluating a child’s emotional capacity to handle an every-other-week schedule or determining whether a parent’s addiction recovery is sufficiently under control.

What Qualifies an Expert Witness to Prepare for a Trial?

One of the most crucial parts of being an expert witness is to make sure that experts get properly qualified to testify in court through Voir Dire process.

Voir Dire is a process by which an expert witness is qualified. This consists of both a direct examination by the person offering the witness as an expert and a cross-examination. A good way to begin is to introduce the expert to the judges and go through the expert’s resume to establish them as having extensive knowledge and background in education and work experience.

What is the Admissibility of Expert Evidence?

The general rule is that witnesses should only testify in relation to matters within their knowledge. Evidence of opinion or belief is inadmissible. Expert opinion becomes admissible only when the expert is examined as a witness in the court.

The report of an expert is not admissible unless the expert gives reasons for forming the opinion and his evidence is tested by cross-examination by the adverse party. But in order to curtail the delay and expenses involved in securing the assistance of experts, the law has dispensed with the examination of some scientific experts.

What is an Expert Report?

The purpose of an expert’s report is to set out the expert’s opinion on matters within their expertise that they have been instructed to report on.

The ultimate use of the report is to inform the court on matters outside its expertise and on which it has to reach a decision in order to resolve the dispute before it. In addition to the court’s use, the report will also inform the parties involved about the technical matters to enable them to further determine the strength of their legal case.

How Does an Expert Witness Prepare for a Trial?

Expert witnesses are an essential element for a variety of legal proceedings in the court of law. If you are preparing for litigation and you need an expert in your corner, it is important to ensure that your chosen expert is well-prepared for testimony at trial.

• Thorough preparation on the facts of the case
• Brushing up on vital legal concepts
• Practising examination and deposition
• Refreshing themselves on their own qualifications
• Prepare demonstrative aids (verbal testimony)

Source : Pexels

How to Choose an Expert Witness?

The role of an expert witness in a trial has become vital in today’s commercial litigation. Experts help counsel, judge, and jury understand and digest the parts of a case that are beyond a typical person’s experience which with the world’s growing specialization is more and more of the case!

With the ever-growing need for experts, choosing the right experts to help you effectively tell your client’s story is extremely important. Despite that, a diligent expert witness plan is less common than you would think.

Take a deeper dive to learn about choosing the right expert witness to assist your case with these potential steps:

• Define a pool of potential expert candidates
• Communicate the question you need your expert to answer
• Final selection—trust your instincts in identifying the ideal expert witness services provider.

What is the Expected Expert Witness Salary?

According to Glassdoor, the estimated total pay for an Expert Witness is $174,517 per year in the United States area, with an average salary of $143,144 per year.

Source: Pexels

These numbers represent the median, which is the midpoint of the ranges from our proprietary Total Pay Estimate model and is based on salaries collected from our users. The estimated additional pay is $31,373 per year. Additional pay could include cash, bonus, commission, tips, and profit sharing.

Conclusion

An expert witness is someone who is specially trained in a particular field of expertise and who has knowledge on technical matters due to their elevated knowledge, training, education, and skill set. Expert witnesses are often called to testify in cases where there is a dispute over a specific, case-related detail. If left unresolved, the ambiguity surrounding these disputes can be detrimental to the case, adding both time and costs to the trial.

In dire need for a Finance-Expert Witness? Contact our team to enquire about the assistance provided by our Experts today!

What is the Role of an Expert Witness in a Trial? : FAQs

1. Who can serve as an expert witness?

There are no “hard and fast” rules that dictate who can and can’t serve as an expert witness. Instead, attorneys and judges rely on two significant court opinions when determining whether an individual is qualified. Prior to the 1990s, (“Frye v. United States | Case Brief for Law Students”, n.d.) created the de facto standard for expert witness testimony.

2. What is the power of an expert witness?

Expert witnesses have the power to make or break your case. Their testimony is often a crucial part of a litigation strategy to help a jury better understand the facts of a case. An expert witness’s testimony can mean the difference between winning and losing a case. While strong expert witnesses can strengthen your case and provide credibility to your arguments, weak expert testimony can undermine your case, and at worst derail it.

3. What is the purpose of calling an expert witness?

Expert witnesses are often called to testify in cases where there is a dispute over a specific, case-related detail. If left unresolved, the ambiguity surrounding these disputes can be detrimental to the case, adding both time and costs to the trial.

Facing Financial Fraud or issues? Contact Blue Ocean Global Technology to get professional assistance from our experienced team.