Tort Terms

Brien Roche

An expert witness is an individual who due to education, training or experience is recognized by the Court as having a high degree of expertise in a field. Expert witnesses are allowed to testify in personal injury and other matters. They must have some knowledge that will help the judge or jury decide the case. For instance, in a product liability case the plaintiff has to prove some defect in the product. In most cases the only way to prove that is through the use of an expert. The witness must testify as to the nature of the defect and how it caused the injury.

Expert Witness On Standard Of Care

Likewise in a medical malpractice case the plaintiff has to prove that the health care provider violated the standard of care. To do that you need testimony from another expert with knowledge and experience in that field. That witness must testify as to what the standard of care is and how it was breached.

The defendant may also present countervailing expert testimony.

Expert Witness On Issue Of Damages

In addition the burden is on the plaintiff to prove the damages claimed. In most cases expert testimony will have to be presented from a doctor. The doctor will state the nature of the injury, its cause and what the future holds. Likewise there may be a need for others to testify as to other aspects of damages.

An expert may come with the case. In other words the treating doctor may be the expert on damages. Most experts expect to be paid for their time and involvement in the case.That is standard.

Also for more info on expert witnesses and related personal injury matters see the other pages on this site.

In addition for more info on expert witnesses see the pages on Wikipedia.