Witnesses are called to provide clarity when certain aspects of an incident are disputed. For instance, a witness to a car accident can narrate his view of the incident occurrence from a neutral position.
On the other hand, a technical expert witness has extensive education, training and experience in various matters like technical knowledge in car mechanics. Their expertise makes them an important resource about facts that must be confirmed to have played a role or taken place in the accident.
Kinds of Expert Witnesses
There are 2 kinds of expert witnesses – the testifying expert and the consulting witness. The former appears in court and testifies to effectively communicate important concerns to the judge, jury and other parties involved in the case. Consulting witnesses, on the other hand, use their experience and knowledge to help all parties understand important facts and issues regarding the case. They don’t appear in court or testify. However, their role is important as they help lawyers better understand and communicate technical and complex issues as part of the case.
A witness expert may be categorized as both testifying and consulting. The designation of the expert plays an important role in relevant rules and discovery. For instance, the information provided by a testifying expert should be discoverable. Information shared by a consulting expert, on the other hand, doesn’t need to be discovered by the conflicting parties.
What Does a Technical Expert Witness Do?
A technical expert witness has various areas of expertise including internet technologies, cyber security, software security and more. While an expert witness may not have been on the scene when the accident occurred, he can give testimony regarding the claim critical aspects. He has expert knowledge that other people or parties involved do not and this knowledge is required to prove statements made based on the results of accident investigations. A technical expert witness is not related to the involved parties, so his testimony is impartial and based only on factual theories and information related to their field.
There are different kinds of technical expert witness used to prove a case. This is very common in personal injury cases. Experts from medical and healthcare fields are usually called as expert witnesses to provide testimony about various issues like the injuries sustained by the victim, required treatments and options for recovery. Engineering experts are called to be witnesses in a personal injury case based on premises liability. They give testimony regarding structural issues, poor roadway maintenance and building construction.
Medical experts are also required in medical malpractice-related cases. They have to provide testimony about how the perpetrator failed to meet the healthcare standards they are following in regard to the claims made by the plaintiff. The testimony of the medical expert plays an important role in medical malpractice cases as their knowledge can give clarity on various concerns.
Manufacturing experts are usually called to provide testimony in auto accident cases. They give testimony about the defective products or automotive parts that led to the accident and the injuries it caused. Economic experts can be called to testify about how the accident negatively affected the victim and his family financially. In general, a technical expert witness can provide his knowledge to make the case easier to settle and solve.
