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Expert witnesses are a costly but necessary resource in most injury litigation, but those who are unfamiliar with the process of litigation may not recognize the value that an expert witness brings to a case.  First, however, it’s important to understand what differentiates an expert witness from factual witnesses. 

Expert Witness Basics 

Whereas factual witnesses are individuals who have personal knowledge of the events of the case at-issue (i.e., the factual witness observed the events directly, were involved with the events indirectly, or are otherwise privy to important information relating to the events), expert witnesses are not personally involved in the events, nor do they have personal knowledge of said events.  Expert witnesses are brought in to make testimonial statements on the basis of specialized knowledge and training, and uniquely, are empowered to make testimonial statements that are opinion-based. 

Suppose, for example, that you are injured in a motor vehicle collision where the defendant-driver swerved and side-swiped your vehicle.  A pedestrian who observed the accident unfold would serve as a factual witness, providing testimony as to what actually happened.  On the other hand, an accident reconstruction professional might be retained by your attorney to testify as to the impact forces and how the accident unfolded from a mechanical perspective, based on an analysis of tread marks and damage to the vehicles.

Expert witnesses are entitled to give testimony on those aspects of the case that relate to their specialized knowledge and training.  For example, a medical expert would not be entitled to give their opinion on whether an accident was the defendant’s fault, and similarly, an accident reconstruction expert would not be entitled to give their opinion on the plaintiff’s psychological or medical issues.

Undermining Expert Testimony 

Expert testimony is not accepted as absolute truth.  The key to success in many cases is in convincing the jury that the testimony of your experts is more believable (and more relevant to the case at-issue) than the testimony introduced by the defendant’s experts. 

For example, in an injury lawsuit, you may bring in a medical expert to testify as to the extent of your injuries (in support of your damage assertion).  Meanwhile, the defendant may bring in a medical expert who makes testimonial statements that run counter to those made by your medical expert.  Whether you succeed in convincing the jury as to your damages amount depends a great deal on whose opinion the jury accepts as more legitimate. 

In order to weigh the case in your favor, you will want to enhance the legitimacy of your own experts and undermine the legitimacy of statements made by the experts retained by the opposing side.  Your attorney will utilize such opportunities when they are available.  During a deposition (where your attorney will ask the expert witness various questions), for example, your attorney may utilize certain strategies to either undermine the training and knowledge of the expert — or limit the purview of such knowledge.  

If you have been injured due to the fault of another, Florida law may entitle you to sue and recover damages.  Litigation is often perceived by neophytes as a straightforward matter, but in many cases, there will be substantial back-and-forth conflict between parties on a number of issues, from the question of liability to concerns over the asserted damages, and each party will have to retain experts to give testimony on various issues.

Given the inherently complicated nature of injury litigation, it’s important that you work with a skilled attorney who has a track record of obtaining favorable results for their clients.  Contact Randall Spivey today to connect with an experienced Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.