Georgia personal injury law recognizes two kinds of witnesses: lay witnesses and expert witnesses. A lay witness is typically an eyewitness who reports what they have personally seen. An expert witness, by contrast, provides insight into matters beyond their personal experience but within their field of expertise. For example, they may testify whether the failure to perform a particular medical procedure constituted a breach of professional duty under the circumstances.
Types of Expert Witnesses Used in Georgia Personal Injury Cases
You can use an expert witness in various ways, such as to prove liability or verify the value of your damages.
The following is a list of common types of expert witnesses:
- Accident Reconstruction Specialists (e.g., to prove how a car accident occurred)
- Economic Experts (e.g., to prove the cumulative cost of someone’s diminished earning capacity)
- Medical Experts (to testify regarding the standard of care, causation, etc.)
- Mental Health Professionals (to assess psychological damages or evaluate someone’s mental capacity)
- Forensic Scientists (e.g., to analyze DNA or fingerprint evidence)
- Engineers (e.g., to assess product defects)
- Vocational Rehabilitation Experts (e.g., to evaluate loss of earning potential)
Personal injury lawyers use many different types of expert witnesses, depending on the nature of the case.
Consulting Witnesses
Most people think of an expert witness as a testifying witness. However, not all experts testify. Some of them simply educate the lawyer on their area of expertise as it relates to the case. They might provide other behind-the-scenes services. A lawyer does not even need to notify the opposing party that they are using a particular consulting witness.
Expert Witnesses in Settlement Negotiations
During settlement negotiations, experts often work behind the scenes as consulting witnesses to, for example, advise attorneys on the value of their client’s claim. They might also create a written report that the lawyer can send to the other side to enhance their bargaining position. Such witnesses may or may not testify if the case goes to trial.
The Qualifications To Being an Expert Witness
Who qualifies as an expert? Lawyers will argue over this. Here are the applicable legal standards:
- Qualifications: Knowledge, skill, experience, training, or education in the relevant field. Depending on the field, this may or may not require an academic degree or a professional license. Publications in professional journals can also be relevant.
- Reliability: The witness’s testimony must be based on facts or data, and it must apply reliable principles and methods. The methods must also relate to the facts of the case.
- Relevance: The expert’s testimony must be relevant and helpful. It must help the court understand the evidence or determine a disputed fact.
Typically, any experts who will provide testimony at trial will be deposed by the opposing party’s counsel. This gives the other side the chance to evaluate the expert’s credentials and opinions regarding the case.
The Daubert Standard
Just as not everyone is qualified to serve as an expert witness, not every word that comes out of an expert’s mouth is admissible in court. Imagine, for example, an expert witness testifying that the defendant has “shifty eyes” and is, therefore, probably lying.
The Daubert standard determines the admissibility of expert witness testimony based on objective standards:
- Whether the expert’s assertion can be tested
- Whether the assertion has been published and peer-reviewed
- The error rate of the methodology in question
- Whether rational standards apply to the method in question
- Acceptance by the scientific community, particularly within the relevant specialty
The court will apply a balancing test of these factors, which injects a certain amount of subjectivity into the outcome.
What Are Professional Expert Witnesses?
Expert witnessing has become an industry. Many genuine experts have quit their professional practices and now work as full-time expert witnesses. These people often make more money than they did while practicing their profession. The use of expert witnesses is routine in certain areas of personal injury law, such as medical malpractice and product liability.
Of course, the opposing party’s lawyer will ensure the jury knows that the witness is being paid, so as to cast doubt on their credibility. This strategy is not particularly effective with most juries, especially if the defendant plans to call expert witnesses of their own.
Furthermore, the use of an expert offers one major advantage: an experienced expert witness knows how to handle cross-examination and will not wilt under intense questioning. Skilled personal injury lawyers typically have long-standing professional relationships with their favorite expert witnesses.
Expert Witnesses in Medical Malpractice Cases
Medical malpractice claims involve expert witnesses more than any other field of personal injury law. Typically, an expert witness is an ex-doctor who practiced in the same specialty (cardiology, for example). Lawyers often prefer professional witnesses because it can be difficult to find a practicing doctor willing to testify against their peers.
Expert Witnesses in Product Liability Cases
Product liability claims involve allegations of unreasonably dangerous design defects, manufacturing defects, or inadequate product warnings. They often involve extremely technical issues, such as whether a given product could have been economically manufactured to reduce its danger. Engineers, scientists, and company insiders make good expert witnesses for product liability cases.
A Georgia Personal Injury Lawyer Can Determine Whether Expert Testimony May Be Needed in Your Case
If you have suffered harm in Lawrenceville, Georgia, you might need a personal injury lawyer to ensure that you receive the full compensation you deserve. If your case is complex enough to require the services of an expert witness, it is almost certainly complex enough to require the assistance of an attorney.
Don’t worry if you can’t afford a lawyer. Under the contingency fee system that most personal injury lawyers use, you don’t pay attorney’s fees unless you win.
Call today at 678-446-3655 to schedule a free consultation with an experienced back injury lawyer in Lawrenceville.