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.
More information about Expert Witness
Expert Witnesses in Medical Malpractice Cases
What Does an Expert Witness Do in a Medical Malpractice Case?
While each medical injury is different, all medical malpractice lawsuits require expert witnesses. Experienced medical malpractice lawyers, like our award-winning team at Munley Law Personal Injury Attorneys, know when and how to use a good expert witness. If you are planning on filing a claim in a Pennsylvania court, then make sure you understand these points about experts.
Why Do I Need an Expert Witness in My Medical Malpractice Claim?
There are several reasons why medical malpractice plaintiffs need expert witnesses.
The Certificate of Merit
First, in Pennsylvania, all med mal plaintiffs must file a “Certificate of Merit.” The purpose of this document is to protect doctors and other medical practitioners from frivolous lawsuits. […]
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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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Truck Accidents and Expert Witnesses
Expert Witnesses in Truck Accident Cases: FAQ
When you have a personal injury case involving a commercial truck, the stakes are high. Truck accident cases depend on highly specialized information including industry regulations, truck mechanics, and the long-term medical and economic impacts of your crash. To build a winning case, you will need the testimony of reliable witnesses, so it is essential that you have a lawyer who can bring in the right witnesses.
Who May Testify in Court As a Witness?
Not everyone has the right to come to court and testify in a truck accident case. In order to take the stand and answer questions before a jury during a live court proceeding, a person must qualify to give testimony as a fact witness or an expert witness. […]
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