What is an expert witness?
An expert witness is a person at the top of his profession who is called on by solicitors to provide evidence in his specialised field in a court case. It is unusual for such a witness to be consulted by an individual, as his fees are usually substantial. When an expert witness agrees to provide evidence, he will usually do so only after careful perusal of the available legal material.
Communicative skills
Clearly understood
It is not sufficient for the witness to only have expert knowledge of his subject, he must also be able to communicate his opinion in such a way that it is clearly understood and interpreted by the judge, the jury and the other solicitors.
Comprehension
In addition, the expert witness is required to reproduce his knowledge in various settings. As well as
cross-examinations in the courtroom, he should be able to contribute to presentations and partake in mediation, to work as a single joint expert, and to instruct lawyers.
Types of experts
Criminal cases
Forensic scientists or psychologists are likely to be used in criminal cases, particularly when the evidence becomes sufficiently complicated or scientific. The role of the expert witness is especially important here, as he can make the difference between a person's guilt or innocence - or at least the assumption thereof. In this respect, it is considered to be crucial that the lawyer who is introducing the expert witness lays the foundation for the witness's appearance.
Civil cases
Cases involving personal injury often make use of expert witnesses. Usually, these experts are active in the medical field and are able to shed light on various aspects of the case which would not have been clear before. The importance of an expert witness in such a case is that his testimony is given great weight - almost as great, it may seem, as that of an on-scene witness.
Medical evidence
One area in which expert witnesses appear to be prolific is that of medical cases. In that respect, doctors may be called on to predict factors, such as the following:
- Future medical costs analysis
- Vocational assessments
- Loss of future
- Earnings capacity analysis
- Reduction of work
- Life expectancy analysis
- Disability assessments
- Permanent and total disability determination
- Independent medical evaluations