The very nature of automobile related cases often requires expert testimony. The highly technical and specialized knowledge required to provide meaningful testimony regarding automobiles, accidents, and injuries demands it.
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Should my case have an expert?
A case may need an expert for any one of many reasons. A particularly complex or technical case will require an expert. Similarly, in certain types of cases the court may require an expert because of the nature of the claims or defenses. In addition, an expert may be required to rebut an expert hired by the opposing side (this is particularly common when dealing with insurance companies). There is an endless list of possible reasons why an expert might be necessary.
However, the primary consideration when determining whether a case should have an expert is economics. An attorney needs to compare the damages to the estimated costs and benefits of investing in an expert, and determine if it would be cost effective to do so. In many cases the damages are so small that retaining an expert would consume most of any award, making it not cost effective to do so. In other cases the damages and/or the potential increase in award are such that retaining an expert becomes almost mandatory.
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Where to find Experts
If you have determined that your case needs an expert and that it is economically feasible to retain one, then you need to get to work on finding an expert for your case. Generally, it is best to start by asking colleagues for recommendations. You might also use an internet search to locate potential experts. There are many online databases of expert witnesses, such as the two listed below, that can provide you with valuable information. Regardless of what recommendation or information you receive about an expert, it is ultimately your responsibility to make certain that the expert is appropriate for your case.
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Which Expert to Choose
Which expert you choose will ultimately depend on the issues in your case. The expert you retain must have the training and experience required to give relevant and persuasive testimony on the issue you want them to address.
For example, a police officer can be an excellent expert witness who can testify to the scene and sobriety. However, an officer is not necessarily the best or even an appropriate expert witness to address accident reconstruction or the cause of injuries.
Economics is also a factor in selecting which expert to use. Some experts are significantly more expensive than others, and a higher price tag does not necessarily make a better witness.
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Admissibility
Whichever expert you choose, you need to be certain that the testimony they have to offer would actually be admissible in court. Conduct research into an expert’s background and qualifications before you retain them. Make certain that the issue you want them to address is within the scope of their expertise under ER 702. Ask the expert if he or she has ever been disqualified from testifying in a case, and, if so, why.
You should also meet with your potential expert and figure out what methods they intend to use in analyzing the issue and developing their opinion. Not all scientific methods produce admissible expert testimony. In Washington state courts, the Frye rule is controlling. Frye v. United States, 293 Fed. 1013 (D.C.Cir.1923). The Frye rule states that if an expert’s opinion is based on a scientific theory or method, the theory or method should be one that is generally accepted in the community. 5D Wash. Prac., Handbook Wash. Evid. ER 702 (2008-09 ed.).
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Credibility and Availability
Every expert presents themselves differently. Their job is to educate you and opposing counsel during negotiations, and the jury at trial. Therefore, an expert needs to have both technical knowledge and the communication skills necessary to effectively educate people of widely varying backgrounds. A face to face meeting with any potential expert is necessary to determine if they can persuasively explain their opinions in a manner that anyone can understand. An expert who is not credible or cannot explain their opinions is not very useful.
An often overlooked issue is the availability of the expert. It is often assumed that because experts are paid they will be both reliable and available for court. Unfortunately that is not always the case. Experts are often very prominent in their field and have busy schedules, which can lead them to be unreliable. The expert you choose needs to be both reliable and available for the court dates that you need them.
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