An Expert Testimony is where a qualified person gives expert advice about a scientific, professional, or technical issue on a legal court case.
In civil and criminal cases, the expert witness must stick to concrete facts within their specialized knowledge or observation realm. The testimony must only state facts from the witness’s senses and knowledge, not their opinions or impressions. Be assured that expert witnesses are vetted to ensure they have a solid foundation of knowledge and qualifications, and they can also be of help in this particular case.
In particular cases, a witness is allowed to give opinion evidence, and this is where evidence is divided into lay opinion and expert opinion.
A lay witness gives her or his opinion only when:
(a) the opinion is rational, based on their perception
(b) it aids in giving a clearer understanding of their testimony or another fact at hand
(c) is not in the sphere of expert testimony.
Two separate rules govern whether a witness will be allowed an opinion, and the expert witness must meet four stringent requirements to deliver an opinion.
Don’t worry. The personal injury attorney can help you understand the process.
What types of legal cases need expert testimony?
Motor vehicle accidents can be complex. It may require an expert to testify speeds of travel, the distance traveled before braking, or any other avoidance each driver took. You may need an excellent personal injury attorney to work for you, whether driver or passenger.
In medical malpractice cases, an independent surgeon may provide underlying facts pertinent to the case and inform the jury of the proper standard of care for such treatment.