The Necessity of Expert Witnesses in Your Lawsuit

By Jacqueline Vinaccia, Litigation and Trial Partner

It’s common to hear the words expert witness in connection with a lawsuit or when preparing for litigation. An expert witness is a person whose opinion is accepted as a subject matter expert due to education, training, certification, skills or experience. Expert witnesses are used at trial to help the jury, or judge, understand specific subject areas that they might not know much about.?I sat on a jury once where the issue was the theft of a high end racing bicycle. The prosecutor brought in an expert in bicycle racing to impress on us, the jury, the true value of the bicycle and the reason the case was a felony charge worthy of the full trial.?I certainly know much more about high end racing bicycles than I did before that expert testified.

Clients are often concerned about hiring expert witnesses because they can be expensive, as experts are hired and are paid based on their experience and expertise. However, their testimony can be an invaluable component to proving the necessary elements of your case and may be necessary to win a lawsuit. Here’s a look at why expert witnesses are a necessary part of your litigation strategy.

Expert witnesses help your judge or jury decide on facts they know little about. Experts are meant to be less partial to one side or the other because they are testifying based on their experience in their particular field, not because of a loyalty to a plaintiff or defendant. They also have specific and specialized knowledge on a subject matter because of their education, experience and training. As such, judges and juries tend to give credibility to an expert’s testimony. For example, in medical malpractice cases, a physician or medical expert is necessary to testify to the specific medical details in the case, the standard of care required of the defendant doctor, and explain to the judge and jury whether the doctor met or did not meet that standard of care in treating the patient in a way that is understandable.?

Expert witnesses can assist an attorney in understanding a fine point of a particular subject. They can also guide counsel to get the correct information out of treating doctors or industry-knowledgeable witnesses. Experts can establish parts of your case that you may not be able to prove otherwise. They can use their training and experience to provide valuable information that lay witnesses cannot offer. Your expert can also help or entirely develop the questioning of the opposing expert in the same field. Their questions can be designed to obtain information the expert needs to rebut the opposing expert’s opinions.

Expert witnesses can also assist in preparing clients and attorneys for settlement discussions. An expert witness, through their knowledge and experience, helps establish evidence that can prove a case. These elements are part of what determines the amount of losses and damages. In my legal practice, I have a dual perspective of litigation from both the vantage point of a trial attorney and as an expert witness. In my expert practice, I often encounter situations where I would have been able to provide more value to the parties had I been brought into the case sooner. Oftentimes, I receive assignments at the last minute when the parties are going to trial. Had I been brought into the case earlier, I could have assisted in guiding discovery or preparing for settlement discussions and mediation.

It’s easy to look at the potential cost of an expert witness and opt against hiring that individual as part of the litigation process. Yet, given the value an expert witness brings to a lawsuit, it is almost always worth the investment.?

Jacqueline Vinaccia is a San Diego trial attorney, litigator, and national legal fee auditing expert, and a partner at Vanst Law LLP. Her practice focuses on business and real estate litigation, construction disputes, and municipal litigation. Her attorney fee analyses have been cited by Courts and arbitrators throughout the United States. She has published and presented on the topic of attorney fee invoicing and is considered one of the nation’s top fee experts by the National Association of Legal Fee Association.?