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Expert Witnesses - Testimony for Money

By: Anthony Armand


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There are many facets to a lawsuit that most people are not familiar with. Expert witnesses are one such facet that simply isn't explained very often in television shows and movies, but they play a critical role.

Nothing is simple these days and the same thing goes for trials. At first glance, a trial is just two parties arguing about different viewpoints of facts as they apply to a law. The problem, of course, is what happens when things get complex.

Expert witnesses play a subtle, but important role in litigation. They are used to explain the complex issues that arise in such a way as to make the information understandable to the average person sitting in a jury. Let's take a closer look.

Imagine we are in a trial involving a medical malpractice claim. Is a jury going to understand the steps of a surgical procedure? Not a chance. Experts will be needed to testify what normally happens and if it did in this case.

As we've all seen on television, experts play an important role in criminal cases. They testify regarding evidence and what it shows. The classic example is DNA evidence wherein the identity of a person is associated with the evidence offered.

All this being said, experts are not the gods of the courtroom. Why not? Since they are arguing opposite positions, they can actually become a push for jurors wherein neither is persuasive as we all saw in one famous case.

The battle of experts in the Simpson trial was classic. The prosecution experts testified Simpson's DNA was on various evidence, but the defense testified nobody could say how it got there. The jury ignored the DNA and acquitted him.

Contrasting opinions from experts really doesn't serve the initial reason for having experts. If opposing experts are giving opposite views, does it really help jurors figure out a complex subject? One would think not.

At the end of the day, the expert witness is still an important player in the lawsuit process. Testimony prior to trial can even lead to resolutions early on. If it doesn't, jurors are still smart enough to figure out what is going on.

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Anthony Armand writes about psychiatric expert witness issues for PsychiatricExpertWitness.com. This and other unique content 'law' articles are available with free reprint rights.



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