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. However,if an expert uses relevant and accurate data and follows accepted standards of practice,their testimony is likely to be admissible.
Another important consideration is the credibility of the expert’s opinion. 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.
Lastly,expert witnesses must be compensated for their participation in a case. This is especially true if the expert’s testimony could be used to settle the case. Expert testimony can be a game changer and can either make or break the case. Expert testimony can lend credibility to arguments made by the parties,tie together theories,and prove the ultimate issue of 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. For this reason,it is critical for advocates to understand the qualifications of the experts they hire.
Expert testimony is only available to those who have been practicing emergency medicine for at least three years before the case. In addition to this,they must have current and continuing knowledge in the area of their expertise. If the expert testifies about a patient’s injury,the expert must be able to determine the cause of injury.
Expert testimony can be challenged by a variety of factors. A court may ask whether the testimony is scientifically or technically sound. If the expert’s opinion is based on his or her experience,the court may ask whether the expert was qualified for the work. This question was not raised in a particular case. However,Daubert does not definitively answer the question.
The Court should not admit expert testimony based on epidemiological studies because of the unresolved questions they may raise. These studies are not scientific enough to prove causality. Courts should not accept expert testimony based upon 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.