Imagine that you're in court following an accident. You're confident, prepared, and can clearly recall everything that happened. You feel like you're bringing a strong case - the truth. But then, the other side calls in a doctor, a safety specialist, and an accident reconstruction expert. Suddenly, your word doesn't seem quite as powerful as it once did, and you're left to try to defend the truth against highly trained, well-credentialed industry professionals.
This is why expert witness testimony holds so much power. Their insights and opinions can sway the balance of a case - and oftentimes, they do.
Whether you're pursuing a medical malpractice case or an auto accident claim, it's imperative to understand who expert witnesses are, how they help shape cases, and why choosing the right one can make or break your case.
What is an Expert Witness?
An expert witness is someone with specialized knowledge, training, education, or experience in a specific field. They're brought into legal cases to offer professional opinions and analysis in areas that go beyond the basic understanding of an average person.
Unlike lay witnesses, who only testify to what they personally saw or experienced, expert witnesses can interpret facts, draw conclusions, and use their expertise to offer opinions.
They hold the extremely important job of clarifying, educating, and guiding those in the court toward making ultimate decisions.
Who Can Be an Expert Witness in Oklahoma?
To qualify as an expert witness in Oklahoma, a person must demonstrate specialized education, experience, skill, training, or knowledge that will aid the court in understanding a complex or technical issue.
Like many other states, Oklahoma follows the Daubert standard (as defined in Oklahoma Evidence Code § 2702) for determining the admissibility of expert witness in Oklahoma. This means that to be permissible in court, the expert testimony must be:
- Based on sufficient facts or data
- The product of reliable principles and methods
- Reliably applied to the facts of the case
Ultimately, the expert opinion must be both credible and relevant to be admitted in court.
Expert Witnesses by Case Type
Different cases require different kinds of expert witnesses, depending on the scope of the case. Common expert witnesses in different practice areas include:
- Doctors or surgeons
- Nurses
- Medical device or technology experts
- Department of Transportation (DOT) compliance experts
- Accident reconstruction professionals
- Mechanical engineers
- Motorcycle safety experts
- Helmet or gear impact analysts
- Auto repair and design specialists
- Treating medical physician
- Forensic pathologists
- Psychologists
The Expert Witness Process in Oklahoma
The process for utilizing an expert witness typically follows these steps:
Selection
Attorneys carefully choose experts they deem as relevant and helpful to the case.
Case Review and Reports
The expert will evaluate the facts, records, and reports to outline key findings.
Depositions and pretrial reports
Before a trial takes place, the expert may be deposed by the opposing side. Courts may also require a written report outlining the expert's expected testimony.
Trial testimonies
If the case makes it to trial, the expert, under oath, helps the judge and jury understand technical details from a professional, unbiased perspective.
The success of an expert witness depends largely on their credibility and neutrality. Strong expert witnesses are able to educate, inform, and articulate their position. A witness that comes across as unprofessional, unknowledgeable, or biased can hurt a case more than help it.
The Bottom Line
No matter how strong your case might initially seem, expert witnesses can significantly impact the outcome. Their specialized knowledge and credibility are not taken lightly; their opinions and interpretations have the chance to influence and sway judges and juries, ultimately affecting the results.
It is crucial to have an attorney who understands when, how, and who to call as an expert witness to build the strongest possible case. Contact us today for a free case evaluation to discuss your options, explore the possibility of using expert witnesses, and learn how we can help you move forward.