What Is the Role of an Expert Witness in a Trial?
Most judges and juries lack the specialized knowledge to immediately understand the implications of complex medical records or forensic information. Therefore, an expert witness plays a critical role in the trial process.
Experts prepare for testimony by thoroughly reviewing case details and formulating professional opinions in advance of trial. The primary responsibility of an expert witness is to aid the judge and jury in understanding the technical aspects of the case, preventing unnecessary speculation and confusion. Information provided by expert witnesses is often used to establish liability and evaluate damages.
"Some things can only be put in evidence through the mouth of an expert. Medical testimony is the most obvious one. It isn't enough that I think the person has a broken bone; I need a doctor to come in and say, yes, they have a broken bone that was caused by the wreck."
Types of Expert Witnesses Commonly Used in Virginia Personal Injury Cases
There are a few key types of expert witnesses commonly used by attorneys in Virginia personal injury cases. These include the following:
- Medical experts help prove causation and damages using their medical knowledge. Attorneys commonly consult medical experts to examine medical records or assess the nature and severity of a plaintiff’s injuries.
- Accident reconstruction experts are forensic experts who can reconstruct the scene of an accident to determine the cause and which party was at fault. This can be particularly helpful in more complex cases, such as bus or truck accidents, with more than one liable party.
- Engineers can assess faulty machinery to determine if a mechanical malfunction or defect caused an accident. For instance, a railroad accident might require an expert to assess whether a malfunctioning brake was to blame.
- Vocational and economic experts can help assess the plaintiff’s lost wages and future earning capacity due to their injury.
Rules and Guidelines for Expert Witness Testimony in Virginia
Expert witnesses must possess specialized knowledge, skills, training, and experience to be qualified to testify in court. The type of expertise required for a given case, such as medical, engineering, or forensics, depends on the facts at hand.
Who Can Testify About a Specialized Field in Virginia Civil Court?
Virginia courts have clear limits on who can testify on a given subject. For example, only licensed medical doctors can testify about the cause of physical injuries, such as a surgeon testifying about a spinal injury. In the 2002 case John v. Im, the Virginia Supreme Court held that a licensed psychologist was not permitted to testify that the plaintiff sustained a mild traumatic brain injury in an automobile collision because he was not a medical doctor.
Similar limits apply to other fields of professional expertise. A mechanical engineer, for example, would generally not be considered qualified to provide an expert assessment of an electrical failure that caused a plaintiff’s injury.
What Are Expert Witnesses Allowed To Talk About?
There are also limits to what experts can talk about in court. In Virginia civil cases, an expert can share their opinion if it is based on the facts of the case and helps the judge or jury make a decision. However, they cannot comment on the credibility of other witnesses or make speculative statements. Therefore, your expert witness must be well-prepared before entering the courtroom. A successful expert witness only shares their informed professional opinion based on the facts in front of them.
Any expert witnesses called in your case must be properly qualified and adhere to these rules when testifying. Failing to follow these rules or meet the appropriate criteria can result in the court excluding the expert’s testimony. Thus, the time and money spent preparing them for trial would be wasted, and your case could take longer to resolve. An attorney with reliable connections to local expert witnesses can ensure the expert who testifies in your case is a credible professional who knows how to behave in a courtroom.
Best Practices for Selecting an Expert Witness
When selecting an attorney to represent you in your personal injury case, always consider the attorney’s relationships with expert witnesses in relevant fields. An attorney with a strong network of expert connections can secure expert witnesses with greater credibility and more knowledge about courtroom procedures.
At the bare minimum, an expert witness must have strong professional credentials and advanced technical knowledge in their field. However, they must be able to explain complex topics in layperson’s terms. An expert witness’s knowledge is useless if they can’t effectively communicate it to those deciding your case. Experienced attorneys are more likely to know expert witnesses with significant courtroom experience, making them more effective under pressure and enhancing their credibility with a judge and jury.
Maximize the Impact of Expert Witnesses in Your Personal Injury Case
A capable expert witness can make all the difference in a personal injury case, especially for complex cases requiring extensive technical knowledge. A good attorney will already have a list of reliable local experts to work with on a given case, meaning you don’t have to wait for your lawyer to hunt down an expert who may not have the necessary court experience to succeed.
At Cooper Hurley Injury Lawyers, our longstanding experience and presence in the Hampton Roads community means we have connections with numerous qualified local experts. The expert witnesses we are likely to work with for your case are well-known to us and have already appeared in court many times, so you can trust them to appear credible in front of a judge.
If you’ve recently suffered an injury due to another person’s negligence in Hampton Roads, don’t wait. Call (757) 333-3333 or contact us online today for your free legal consultation.
