Who Is an Expert Witness?

An expert witness is an individual who can testify about an element of a legal claim because of the insight that his or her expertise provides him or her with the topic at hand. For example, in a workplace accident claim where the claimant had fallen from a ladder and is suffering from a broken leg, an expert witness might be a surgeon or an emergency room nurse who has worked on patients with a similar injury and can discuss a realistic recovery timeline for the claimant. As a victim of a workplace accident seeking compensation through a third-party lawsuit, an expert witness is a great resource for you. Your doctor can be considered an expert witness, but he or she is not the only one. Talk about working with an expert witness with your attorney to determine who can serve in this role and if there are any professionals in your attorney's network who can help.

What sets an expert witness apart from other witnesses is their specialized knowledge. Because of this, they are not bound to the personal knowledge rule, which requires that any witness who testifies in a civil or criminal case have personally witnessed the event about which he or she is testifying. In other words, the only people who can testify about your accident are people who were actually there when it happened. If a coworker was in another portion of the building when your accident occurred, he or she cannot testify about it because he or she did not see it directly. In contrast, an expert witness can draw upon his or her knowledge of the type of event or equipment involved to discuss how your accident occurred or other details related to the incident.

The testimony of an expert witness is only one piece of evidence to support your claim. You will ideally have multiple pieces of evidence to support your claim, such as documentation of the accident when it occurred and photographs of the scene.

Generally, expert witnesses are compensated for working with a claimant. They typically bill per hour, which can reach quite a substantial amount due to the time they spend preparing their testimonies. Talk about this cost with your attorney to determine whether it would be worth the cost to hire an expert witness for your case.

If you are considering filing a workplace accident claim, consider the importance of every piece of evidence you use to support your claim. An expert witness can be a critical asset to your claim, as can photographs of the accident, testimonies from witnesses to the accident, and your medical records. To learn more about filing and supporting a San Jose workplace accident claim, contact our team at Corsiglia, McMahon & Allard, L.L.P. today to set up your initial legal consultation with us. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• Rule 602. Need for Personal Knowledge
• Expert witness fee calculator