Understanding the Role of Expert Witnesses In Lawsuits

by Anthony Armand

Watch CSI, Law and Order and the other police dramas on television and you’ll never really see an expert testify in a case. In truth, expert witnesses often play a critical part in the outcome of trials.

A lawsuit is basically an argument. One side argues one position while the other side argues an opposing one. The court sets the rules in regard to the exact issues to be covered. Ah, but what happens if the issues are 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.

Image a drunk driving trial. It seems straight forward, but what about the complexities of determining blood alcohol content? It is a scientific measurement that only an expert witness can testify to.

While experts testify in civil cases, you probably know them more by their roles in criminal matters. Specifically, they testify as to cause of death and the all important DNA tests and results that often sink or save defendants.

Does expert witness testimony always prevail in lawsuits? No. One of the strategies commonly used is to nullify the impact of experts by having other experts testify against them. There is a rather famous case where this worked.

OJ Simpson was tried for the double murder of his wife and Ron Goldman. Expert testified his DNA was on evidence. Defense experts testified the evidence was flawed. They created just enough doubt that when the gloves didn’t fit, he was acquitted.

As the Simpson case shows, many lawsuits can end up as a battle of the experts. This really contradicts the purpose of experts wherein they are supposed to be helping the jury understand something instead of further clouding the issue.

The role played by an expert in a trial is still critical even where the testimony of multiple experts may confuse things a bit. Some issues are simply to complex to address in any other way.

About the Author:

Anthony Armand writes about psychiatric expert witness issues for PsychiatricExpertWitness.com. Get a totally unique version of this article from our article submission service