In certain cases, presenting evidence to a jury is relatively straightforward. In other cases, it may not be that simple. That’s where expert witness testimony becomes a valuable tool. Their specific knowledge can keep everyone on the same page when interpreting evidence gets complicated. An effective expert witness can be a deciding factor in a court case based on their ability to explain the facts of the case.
The seasoned New York City personal injury attorneys at Schwartzapfel Lawyers will use every tool we have to fight — and win! — for you, including expert witness testimony. Call us now at 516-342-2200 for a free consultation on your case so that you can take the first step to recovering all of the money and benefits you’re entitled to.
What Is An Expert Witness?
An expert witness is a professional with extensive education or experience in a field who is called in to testify in court. Qualified expert witnesses are able to review evidence of subject matter relevant to their expertise and make judgments on how to fairly and accurately interpret that evidence. Their expert opinion is based on their specialized knowledge in a particular field and is admissible in court if the court agrees that they are, in fact, an expert.
At trial, both sides will have an opportunity to question the expert witness. The side the expert witness is testifying against will usually have an opportunity to briefly interview the witness and assess their knowledge in their area of expertise. If the court finds the expert witness to be experienced, knowledgeable, and credible enough, the facts they present will typically go on the record.
The opposing side will likely have an opportunity for cross-examination with the expert witness, usually seeking alternative perspectives or asking if other explanations may be possible.
What Does An Expert Witness Do?
It can be difficult for the average jury member to understand or interpret complicated science or niche knowledge they didn’t know about before a case began, and their inability to fully understand evidence may make it difficult for them to reach a verdict.
An expert witness uses their knowledge, training, or experience on a particular subject to help explain evidence in a court case. Their explanation is intended to provide a jury with a base level of knowledge on a particular subject and walk them through a professional’s interpretation of the evidence.
Expert witnesses can be one of the most important resources in a trial. Without their knowledge, the fact-finder (the judge or jury) may not understand key pieces of information regarding the facts of the case. The value an expert witness provides can make or break a case.
Does Every Case Need An Expert Witness?
Expert witnesses can be useful in many cases, but they aren’t always necessary. Small civil matters usually don’t require an expert witness because there isn’t a high standard of evidence.
For example, if you’re filing a small claims lawsuit because your neighbor borrowed a substantial amount of money from you and failed to pay it back, there wouldn’t be anything for an expert witness to do.
However, if you’re in court because your dog bit your neighbor, but you believe your neighbor terrorized your dog first, an expert witness can be invaluable. An animal expert can explain that your neighbor provoked the attack, which has the potential to change the outcome of the entire case.
To learn more now, call Schwartzapfel Lawyers at 516-342-2200 or schedule your free consultation online today.
How Does The Court Evaluate An Expert Witness?
The court has high standards for who can deliver expert testimony. The trial judge uses something called the Daubert standard (in reference to a case called Daubert v. Merrell Dow Pharmaceuticals) to determine the credibility of scientific expert testimony and decide its admissibility.
The scientific community has to accept an expert’s opinion, which must be able to withstand peer review. This keeps unreliable expert witnesses from intentionally misinterpreting evidence or using unproven theories to attempt to make their point. Standards like the Daubert standard keep a testifying witness honest and reliable.
A similar level of scrutiny is used for other types of expert testimony. The court uses something called Federal Rule of Evidence 702 to consider the value of expert evidence. This rule states that an expert must “help the trier of fact to understand the evidence.” In plain English, this is a requirement that an expert opinion has to be useful, factually accurate, and easy for everyone to follow.
Expert witnesses will typically be questioned on their credibility, depth of knowledge, and methodology to establish their “expert” status, allowing them to testify on the facts in the form of an opinion.
What Kinds Of Experts Can Be Expert Witnesses?
Almost any kind of expert can be an expert witness if their experience, education, or credentials could be considered at an “expert” level in their respective field. Most people think about doctors, law enforcement officers, scientists, and researchers when they think of expert witnesses. But this isn’t always the case.
Experts in lip reading, for instance, and even experts in dog behavior have been known to give testimony in court. As long as the expert’s unique knowledge is relevant to satisfying a question or supporting an argument, their testimony can be admissible in court.
Unusual expert witnesses tend to be the most helpful, especially in cases that deal with uncommon situations. If niche knowledge is required to help a jury understand the lesser-known aspects of a case, an expert in subject matter that would be considered off the beaten path can deliver the single most important piece of testimony in a case.
Who Does An Expert Witness Testify For?
Expert witnesses can testify for either side in a court case. It isn’t uncommon for both sides to call on expert witnesses, especially if they disagree with each other. The jury will likely get to hear the opinion of both expert witnesses and decide whose interpretation seems the most likely or the most credible.
Expert witnesses often have differing opinions, even when they have access to the same information. Some legal experts believe that the best response to the opposing legal team’s expert witness is to hire your own expert witness to contradict them. In effect, this strategy aims to provide the jury with a balanced view while also demonstrating that differing expert opinions are common in difficult cases.
To speak with a NYC trial attorney directly about this or related topics, call Schwartzapfel Lawyers now at 516-342-2200. No matter your situation, it will be our honor and privilege to fight for you!
What Kinds Of Cases Use Expert Witnesses?
Expert witnesses are commonly used in criminal cases, particularly when scientific processes play a major role in determining someone’s guilt or innocence. Experts like meteorologists, entomologists (bug experts), and marine biologists have historically played huge roles in explaining scientific evidence in homicide cases, sometimes casting enough doubt on the prosecution to help innocent people avoid serious charges.
Expert witnesses are sometimes used in civil cases like personal injury cases, workplace injury cases, and car crash cases when the plaintiff (the person who was injured) needs to prove that the defendant (the opposing party) is responsible for what happened.
For instance, expert mechanics and engineers can provide useful insights into cases involving machinery, vehicles, or workplace equipment. Meanwhile, doctors can describe if medical malpractice occurred, how injuries most likely occurred, and the likely long-term outcome of a serious injury.
The seasoned team of Schwartzapfel Lawyers can select the right expert witness for your personal injury case. Call us now at 516-342-2200 to learn how we can find the right expert to plead your case.
Can You Use Expert Witnesses Outside of Court?
Some cases never make it to court. There may be situations where it’s ideal for purposes of privacy or time constraints to handle a case on your own time and your own terms outside of a courtroom.
Expert witnesses are an important part of civil procedure, and cases use them in civil court as well as federal court. Expert testimony isn’t limited to trial court. Highly educated witnesses can lend their expert opinion in arbitration and even mediation. Testifying experts are allowed to provide an opinion on any matter within their field of expertise as part of any legal process.
Some companies use outside expert witnesses as part of internal investigations or hearings. The role of expert testimony can be useful in reaching a conclusion in a wide variety of important matters.
Getting The Evidence You Need To Win
Testimony provided by an expert witness has the potential to shape the outcome of your case. In essence, the better the jury understands the evidence, the more likely they are to come to an informed decision.
The experienced New York City personal injury attorneys at Schwartzapfel Lawyers have more than (150) years of combined experience building successful cases for our clients. Call us now at 516-342-2200 for a free consultation on your case.
Day or night, we will work tirelessly to ensure your needs are met and that your case is handled with the utmost care and dedication.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Daubert-Proofing Your Expert | American Bar Association
Tutorial on Forensic Speech Science | ICDST
Get to Know the Different Types of Forensic Scientists | CSAFE
