Expert testimony is often an essential part of a case. The court must decide whether expert testimony is admissible. There are many factors that will determine whether or not expert testimony is admissible. In addition to the court’s decision, the witness’s testimony is subject to a variety of requirements.
First, an expert must have substantial professional knowledge and skill in a specific area of the case. This knowledge must be at the same level as the jury’s experience and knowledge. This does not necessarily mean that the expert is the most knowledgeable person in the field or knows every detail of the case. Their testimony is admissible if they use relevant and accurate data and follow accepted standards of practice.
Another key consideration is the reliability of the expert’s opinions. Expert testimony based on scientific research can be subject to a great deal of scrutiny and criticism. Expert testimony can be discredited if it is not backed by the data or by underlying assumptions. Moreover, the court’s rules are more strict when it comes to evaluating the reliability of experts.
Expert witnesses must be compensated for their involvement in a case. This is especially true when there is a chance that the expert’s testimony will be used to settle the case. Expert testimony can be a game changer and can either make or break the case. Expert testimony can give credibility to arguments made between the parties, tie together theories and prove the ultimate issue in a case.
Though expert testimony is highly persuasive, the courts have a duty to exclude unreliable evidence. They have created a process to evaluate the reliability of expert witnesses and decide whether the jury should allow them to testify. If the expert’s testimony is reliable and useful to the trier of fact, it will be admissible. Advocates must be aware of the qualifications of the experts they are hiring.
To be qualified to provide expert testimony, the expert must have been in the practice of emergency medicine for three years prior to the case. They must also have current and ongoing knowledge in their area of expertise. Experts must be able determine the cause of injury if they are asked to testify about patient injuries.
Expert testimony can be challenged by a variety of factors. A court may ask whether the testimony is scientifically or technically sound. The court might ask whether the expert is qualified to give an opinion if the expert’s testimony is based on their experience. This question was not raised in a particular case. However, Daubert does not definitively answer the question.
Because of the unresolved issues they may raise, the Court should not accept expert testimony based upon epidemiological studies. These studies are not scientific enough to prove causality. However, courts should avoid expert testimony based on animal studies.
About Bill Hartzer
Bill Hartzer is CEO of Hartzer Consulting, a Texas-based search engine optimization and online reputation management consulting company. Mr. Hartzer has been providing digital marketing and domain name, as well as SEO expert witness services for legal cases worldwide, and practicing organic SEO since 1996.