Expert witnesses in injury claims

In plain English: an expert witness is someone with specialist knowledge, such as a surgeon, engineer or economist, who gives an opinion on a question a judge or jury couldn't answer alone. Ordinary witnesses can only say what they saw. Experts can explain what it means.

The experts injury claims use most

• Medical specialists, such as orthopaedic surgeons, neurologists and psychiatrists, on diagnosis, causation and prognosis.
• Accident reconstruction engineers on speeds, sightlines and how a crash happened.
• Care and occupational therapy experts on the help and equipment you'll need in future.
• Employment and vocational experts on your ability to work.
• Economists or accountants on lost earnings and pensions, and the present value of future losses.
• Safety experts on workplace or building standards.

Smaller claims may need just one medical report. Serious injury claims often need several experts on each side.

Their duty is to the court, not to you

This surprises people. In England and Wales, Part 35 of the Civil Procedure Rules states that an expert's overriding duty is to help the court, and it overrides any obligation to whoever pays them. Courts can also direct a single joint expert, instructed by both sides, in smaller cases. Canadian courts impose a similar duty of independence. US experts are retained by one side, but must still be qualified and their methods must meet the admissibility standard used in that court, often called the Daubert or Frye standard depending on the state.

An expert who looks like a hired advocate usually does your case harm. Judges notice.

What experts cost

Expert fees can be one of the largest costs of a claim. Reports, meetings and time in court are billed separately. In the US, contingency fee lawyers usually advance these costs and recover them from the settlement, so ask how that works in your agreement. In the UK, the losing side often pays reasonable expert costs, but courts control how many experts each side can use.

How an expert's opinion is tested

1. Written reports are exchanged between the sides.
2. The other side may put written questions or cross-examine at deposition.
3. Experts from both sides may be asked to meet and list where they agree.
4. If the case goes to trial, they give evidence and are cross-examined.

Next: independent medical examination · accident reconstruction · causation.

Related terms