- Who is an expert witness?
An expert witness is a person who has certain knowledge, skills, training, education, or experience which exceeds that of an average person. Federal and state courts allow expert witnesses such as fiduciary duty expert witness to testify during cases to help the judge or the jury to reach a decision.
The expert witness explains, clarifies, and give opinions on matters that are complex that an average person wouldn’t understand. The expert witnesses can take on a complicated matter and explains it in a way that the judge or the jurors can understand better.
- What are the Expert Witnesses used for?
The expert witnesses are usually not called in every case, but they can be handy for a case. They can help to assess and establish the various types of damages and then prepare an initial estimate of those damages. This can help the parties that are involved to determine if the damages require litigation.
The expert witnesses can also assist in identifying the documents that need to be requested, and then ascertain if the said documents are relevant to the situation. These men and women can also help the lawyers prepare questions for depositions, interrogations, and legal testimony.
- When to bring in an expert witness
The parties involved should know the right time to bring in an expert witness for maximum effectiveness. The best time to bring in an expert witness is when the key areas are those known to be covered by expert evidence.
- How can an expert witness help in a case?
The expert witnesses can be helpful in analyzing the strengths and the weakness of the pending case. A strong expert will always try to add value to the case by establishing areas of improvements and areas of weakness, which can keep the client informed.
- Can an expert witness affect the outcome of a case?
It is not the duty of an expert witness to win the case for the client. However, a qualified expert witness can help to influence the jury’s decision, but an unqualified expert witness can have negative impact. The input of these experts can be very fundamental in resolving the matter and again, a comprehensive and compelling report by the expert can change the dynamics of the proceedings.
- Cases for an expert witnesses
The following are some of the cases that an expert witness may apply his/her expertise.
- Federal tax cases
- Bankruptcy cases
- Infringement or Breach of Contract Cases
- Dissenting Shareholder Cases
- Condemnation and Eminent Domain Cases
- Insurance Cases
- Ad Valorem Cases
- What makes an Expert Witness qualified?
The law is very clear as far as the qualification of an expert witness is concerned. Federal Rule of Evidence 702 states that to qualify as an expert witness, the person must demonstrate technical, scientific, “or any other specialized knowledge” that can help the trier of fact to determine the fact in question or understand the evidence. If a person demonstrates these qualifications, then he/she may work on a case as an expert witness.