An expert is hired to explain facts to a jury that are outside the realm of understanding for most people. Understanding that some people may have more, or less, knowledge, the knowledge of a jury is assessed based upon whether most people in the population would have knowledge of a particular technology, standard or topic.
For example, a medical doctor is expected to testify to a surgeon’s standards during an operation, where the issue may be whether the surgeon properly performed an operation. Because most people have never performed a surgery, a person who specializes in that field would be expected to explain the medical community’s standards relating to that particular operation. On the other hand, an expert is not needed to testify about whether a driver has an obligation to stop at a red light; or whether a nursing home staff member should have beaten a resident unprovoked.
In many personal injury cases, specialized testimony is required for a plaintiff to meet their burden of proof. Sometimes with respect to proving liability (that the defendant was negligent); and most of the time with proving that the actions of the defendant caused the plaintiff to be injured. Where expert testimony is required, the court will dismiss a case, if the plaintiff has not identified a qualified expert.
Attorneys at Murphy & Landon are familiar with the process of reviewing the qualifications of experts in various fields such as doctors, engineers, and architects. We are familiar with the process of choosing an expert with the right qualifications to testify in cases; and determining how the presentation of evidence concerning those experts should move forward. During the course of your case, attorneys at Murphy & Landon will discuss in greater detail whether an expert is needed, or is otherwise recommended during the pursuit of your claims.
To schedule a complimentary consultation, contact Murphy & Landon at 302-472-8100 or call us toll free at 866-939-8100.
