There are many different types of court cases that require expert witnesses. As the Journal of Pediatrics notes, they play a key role in the U.S. justice system, relying on expert witness testimony in most civil and criminal cases to explain what can be complicated scientific matters and offer their opinion on the case to the jury and judge.
Without an expert who can provide information on the hows and whys something went wrong, juries won’t have the necessary details to make the most informed decision possible. While not all cases call for expert witnesses, these are some of the most common ones that do.
Medical Malpractice
Medical experts with expertise directly related to the injuries suffered by the plaintiff are often needed to testify in medical malpractice cases. They can testify as to whether or not the person will fully recover, the pain and suffering they experienced, and if additional surgeries will be needed. If the expert is qualified, they may also enlighten the jury as to the limitations the individual has as a result of an injury or injuries. To help prove fault, the expert witness will review all aspects of the case, including statements made by the plaintiff and defendant, doctors, nurses and other healthcare professionals, and family members, along with all medical records. When reviewing these, the witness will determine which, if any, errors directly led to the harm of the patient.
Employee Discrimination
Economic experts are often called in to provide testimony in many different types of cases like employee discrimination. Discrimination on the basis of race, gender, age, religion, and other protected attributes violates a person’s right to be treated with dignity, fairness, and respect. It may include damage that affects their wellbeing, job security, or work performance.
If the employer engaged in discrimination or did not take reasonable steps to prevent discrimination from happening, they can be held liable. In that case, a plaintiff can make claims for compensatory damages measured by the economic expert after comparing earnings and other factors as the result of the incident(S). They not only provide expert testimony in court but can assist in examining claims and calculating damages.
Car Accidents
Between damage to a vehicle, costly medical bills, pain and suffering, loss of work, and more, many costs are associated with being in a car accident. To help pay for the expenses and other damages, many victims take car accident cases to court. While most are settled out-of-court, sometimes a court battle can occur with expert witnesses needed to assist the jury and judge in understanding all the details of the case. They can help determine the severity of injuries, value of damages, and establish fault. Witnesses often include medical experts, mental health experts, accident reconstructionists, and accounting or economic experts who can help the jury and judge understand the full extent of the damages involved.
Family Law
A parenting expert may be called in to provide expertise in cases that range from divorce and adoption to the termination of parental rights. In a divorce where child custody must be determined, the expert may spend time with the parents and children, evaluate the home life offered by each parent, and make recommendations based on their experience and training.
