What is an Expert Witness?
An Expert Witness is “one who is skilled in some art, science, trade, profession, or other human activity, and possesses peculiar knowledge concerning it.” (Black’s Law Dictionary 688. 4th Ed. Rev. 1968). Expert witnesses are able to testify in trial about things relating to their own specialized knowledge in a particular field.
Unlike other witnesses in a trial, expert witnesses are able to testify as to their own knowledge outside of a case, whether than simply what they have heard or seen. For instance, a neurologist could be called into court to testify to a defendant’s brain injury. Expert witnesses are paid for their time in court as well, and can sometimes deliver their own conclusions based on their expertise. Other witnesses are not paid and can not provide opinions.
The current guidelines for expert witnesses were laid out in the case of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Expert witnesses must have utilized techniques or theories prior to trial that are well tested and accepted within the scientific community, and they must be reliable for an expert to give their conclusions. In concept, expert witnesses are able to give reliable and impactful testimony in a way that non-experts can not. There are also non-testifying expert witnesses who simply offer consultation and support prior to trial.
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The Importance of Gathering Evidence in a Personal Injury Lawsuit
When filing a personal injury lawsuit after an accident, gathering comprehensive evidence strengthens your position and can significantly impact your compensation. While collecting evidence might seem overwhelming, an experienced personal injury attorney can guide this process, ensuring no critical details are overlooked. Multiple expert opinions and diverse forms of evidence enhance your case and help establish the facts.
Key Types of Evidence and How Your Attorney Can Help
Photographs and Video Evidence
Visual documentation from cell phones or cameras often provides the clearest evidence of liability. These raw, unaltered records help insurance adjusters and attorneys understand what occurred during the incident. Your attorney will know what details need photographic documentation. The immediate accident damage provides only part of the story. Environmental conditions can impact liability significantly. Road conditions may have contributed to the incident. […]
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What is Discovery?
Understanding your lawsuit’s discovery phase
If you recently filed a lawsuit, then you likely have questions about how your case will progress. Clients often ask our attorneys about discovery. In fact, most civil plaintiffs and defendants have never heard of the discovery phase of a trial. They have no idea what discovery is. As such, our award-winning personal injury team is here to explain discovery and what you can expect during this phase of litigation.
According to the American Bar Association, discovery is “the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.” In other words, it is a mechanism for obtaining the info and evidence that you need to win your case.
The phases of a civil trial
In order to fully understand the discovery phase, […]
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