Using Expert Witnesses in Personal Injury Cases

What is an Expert Witness?

Under Florida law, an expert witness is generally defined as a person who is qualified in a particular subject by knowledge, skill, experience, training, or education. The Florida Rules of Civil Procedure define an expert witness as “a person duly and regularly engaged in the practice of a profession who holds a professional degree from a university or college and has had special professional training and experience, or one possessed a special knowledge or skill about the subject upon which called to testify. These definitions distinguish expert witnesses from lay witnesses and establish the criteria that must be met in order for their opinions to be admitted into evidence and considered by the trier of fact. Lay witnesses generally testify because they have firsthand knowledge about the relevant facts of a particular event and they are allowed to express an opinion or draw an inference when they cannot otherwise adequately and accurately communicate what they perceived to the jury. Experts, on the other hand, usually do not have firsthand knowledge of the relevant facts of a case but are allowed to render opinions because they possess special knowledge, skill, training, or experience that will assist the jury in better understanding and interpreting the facts of a case. Thus witnesses who technically qualify as experts may testify as to factual matters that they have personal knowledge of without being qualified as an expert. For instance, a paramedic at a car accident can subsequently testify in a personal injury case about his or her observations at the scene of the accident without fear of having their testimony excluded.

Admissibility of Expert Testimony: Courts in Florida generally have broad discretion in determining the range of subjects about which an expert may testify. However, courts have to exercise discretion when making a ruling on whether or not the testimony of an expert will be admissible in a case. Additionally, courts have discretionary authority to limit the number of expert witnesses a party may call. This discretionary power allows the court to prevent cumulative evidence and to save time for all parties involved. The number of expert witnesses a party may call and the date that they must be disclosed to opposing counsel is a matter that is usually resolved at the pre-trial conference.The courts and the Legislature have established several requirements to determine whether expert testimony should be admissible: 1) the opinion evidence must be helpful to the jury; 2) the witness must be qualified as an expert; 3) the opinion must based on sufficient facts or data, and reliable principles and methods that are reliably applied to the facts of the case; 4) the evidence must not present a substantial danger of unfair prejudice that outweighs its probative value. For many years, the Florida courts applied the Frye standard, which is derived from the seminal case of Frye v.United States, to determine the admissibility of expert testimony regarding new or novel scientific principles or opinions. The Legislature in Florida recently amended Florida law in conformity with this decision and did away with the Frye standard and replaced it with the Daubert standard, which derives from the decision in Daubert v. Merrell Dow Pharmaceuticals,Inc.

Conflicting Expert Testimony in Personal Injury Cases: In general, experts are not allowed to comment to the jury on their opinion on the truthfulness or credibility of another witness’s statement or testimony. Juries, using their common sense and intelligence, are considered fully capable of making this determination without the aid of an expert. However, a jury is not bound by the opinions expressed by an expert. As a result, if expert testimony is presented to the jury, the jury has the power to either accept it or reject it in whole or part. For instance, a jury is allowed to come to a decision that is contrary to evidence presented by expert testimony in a personal injury action. If conflicting evidence is presented by expert witnesses, the conflict should generally be resolved by the jury rather than the court in a motion for directed verdict. In personal injury cases, causation is often a contested issue. Causation is generally an issue for the jury to decide based on the evidence presented in the case. If there happens to be testimony presented by an expert that is sufficient to establish causation, then the issue is allowed to go to the jury despite the fact that another expert presented evidence that conflicted with that testimony.

Contact an Experienced Personal Injury Attorney Today!

There is no replacement for quality legal advice after being involved in a car accident. The car accident attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. Every firm is distinctive and auto accident victims have needs that are also distinct. needs are different. The Florida auto accident attorneys at Suarez & Montero encourage you to reach out so that we can explain more about the different ways that our law firm and attorneys can provide legal help and guidance after an auto accident. Make an appointment with us at one of our many locations. Remember, we work on a contingency basis so you will owe us nothing If we are unable to obtain successful results for your case. The attorneys at Suarez & Montero can meet with you to discuss further. always available to talk with you and answer your questions. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.

We serve clients throughout Florida including those in the following areas:

Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.

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The Law Offices of Suarez & Montero Car Accident Attorneys represents accident victims injured in various types of accidents including:

• Distracted Driving Accident Lawyers

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