Types of Expert Witnesses

Expert witnesses are indispensable in today’s complex legal landscape and can significantly impact case outcomes. Understanding the different types of expert witnesses available can help you select the ideal specialist for your particular case.

From consulting on technical reports and other complex matters to testifying in court, expert witnesses are often essential to the legal team, the judge and the jury’s comprehension of intricate details. Whether you need the input of a professional on a personal injury, intellectual property or food industry case, there is an expert witness suited to assist in every field.

What Is an Expert Witness?

An expert witness is a person who is qualified as an expert and permitted to be involved with legal proceedings because of their knowledge, education, training, experience or skill. Expert witnesses can consult on cases or testify at trials if their special knowledge or proficiency in a particular field is deemed relevant to a case.

How Are Expert Witnesses Different from Fact Witnesses?

Non-expert witnesses in legal proceedings are called fact witnesses. The main difference between fact and expert witnesses is the basis of their testimonies. Fact witnesses testify based on their personal knowledge or experience of facts relevant to the case, while expert witnesses provide knowledge, opinions, analyses and conclusions based on their expertise.

Understanding the Admissibility of Expert Testimonies

An expert witness’s testimony is not automatically considered admissible. Courts used to follow the Frye Standard to evaluate testimonies, which focuses on whether scientific evidence from the expert witness follows the generally accepted practices of specialists in that field.

All federal and most state courts now follow the Daubert Standard, which allows the judge to decide whether an expert witness’s testimony is admissible before it is presented to the jury. The Daubert principle provides a comprehensive, systematic framework for determining validity, reliability and relevance.

Different Types of Expert Witnesses

Expert witnesses can play different roles depending on the requirements of a specific case. The two main types of expert witnesses are testifying experts and consulting experts.

Testifying Experts

A testifying expert will give testimony in court. The expert witness will address the judge and jury to provide reliable, relevant information about their subject matter and help improve the court’s understanding of technical details. Here are two of the main types of testifying experts:

Subject matter experts: A subject matter expert is an individual with comprehensive and specialized knowledge in a specific field or subject area.
Damages experts: Damages experts help quantify damages, including calculating financial losses and valuing assets or intellectual property. Expert testimonials provide impartial and independent assessments of damages to help determine fair compensation.

Consulting Experts

Consulting experts do not testify in court. These expert witnesses impart the necessary knowledge to the legal team and help build a strong litigation strategy. There are many ways their knowledge and expertise can support a case, such as:

Educate attorneys and clients: Consulting experts help attorneys understand the critical nuances of complex subject matter, providing significant insights into their field of expertise.
Evaluate case viability: Consulting experts can assist in determining whether a certain case has merit and highlight its strengths and weaknesses.
Conduct tests or experiments: Experts can run tests or experiments to refute or validate specific claims.
Offer support in discovery: Consulting experts can pinpoint critical areas of focus in the discovery phase and provide advice on documents or other resources that can strengthen the case.
Locate other experts: Experts often have connections to other experts who could give testimony in court or help the legal team in other ways.

Examples of Expert Witnesses

There are numerous expert witness examples, reflecting the countless types of court cases where specialized knowledge is required. Experts from many different disciplines are called upon to reinforce particular cases. Some examples of expert witnesses include:

Medical Experts

General guidelines for fulfilling expert witness duties hold medical professionals ethically responsible for unbiased and fair assistance with civil and criminal justice processes. Some examples of medical experts include those with expertise in:

Nursing
Dentistry
Emergency medicine
Hospital practices
Medical malpractice

Different medical professionals with diverse backgrounds may be called upon as expert witnesses to:

Explain the extent of injuries
Evaluate the length of recovery time
Determine whether someone has sustained permanent damage
Provide their opinion on a medical malpractice suit
Testify as to the cause of death

Accident and Safety Experts

A safety expert might be called to testify regarding the cause and management of a fire. An accident reconstruction expert may be called to the scene of an accident to take measurements, make observations and reconstruct the causes for the court. Some of the many fields in which experts in safety and security can offer their expertise include:

Construction
Occupational Safety and Health Administration (OSHA) standards compliance
Cybersecurity
Safety and security
Failure analysis

Science Experts

Many varying types of expert witnesses take part in science-related cases. The areas in which a witness might be qualified as an expert include:

Within these fields, there are countless areas in which environmental and science experts could assist, such as:

Site analysis
Environmental exposure
Infectious diseases
On-the-job accidents
Chemicals
Product design flaws

Business Experts

An expert witness in the business sphere could consult on or testify about working conditions, financial records, company assets, spending reports and other information important to a particular case. Many fields are included in this category, such as:

Industrial Experts

Whether you need an authority on process automation, industrial hygiene or oil and gas, the choice to partner with an industrial expert for credibility and insight can help your case. The technical nature of industrial sectors often necessitates the input of specialists. Here are some common industries that leverage expert witnesses:

Transportation Experts

A freight expert witness can consult or testify regarding freight management, logistics, transportation safety, and industry regulations. A public transit and rail systems expert could assess liability in bus, subway or railway accidents. Expert witnesses can help handle transportation-related legal matters for:

Aviation
Trucking
Automotive
Maritime
Bus
Railroad

When Should You Use an Expert Witness?

Are you deliberating hiring an expert witness for your next litigation case? Bringing an expert on board can significantly strengthen your case. Their advanced knowledge and experience can help the court assess the credibility and significance of evidence and increase your chances of success. Expert witnesses are especially vital in cases when:

The case hinges on technical or specialized information that requires expert interpretation
Complex and accurate financial valuations or damages calculations require expert determination or analysis
The opposing side has included an expert’s testimony that needs to be challenged or clarified

How to Select an Expert

If you have decided to source a specialist, you must focus on finding an expert witness suited to your particular case. The best strategy is to start early, do your research, vet potential witnesses and hire the right fit, leaving ample time available for the expert to review materials, conduct research and write a report.

Find the Ideal Expert Witness With Intellex

Expert witnesses are essential resources in litigation. That’s why Intellex is dedicated to making it easier for you to find the right specialist for your legal strategy. Intellex provides highly experienced subject matter experts who have been thoroughly vetted within their respective sectors and are ready to assist with consulting or courtroom testimony. We specialize in expert witness services, consulting and CPG services.

Learn more about Intellex or contact us with any questions. You can also browse our directory to discover more about the types of expert witnesses available to support your case.