When issues are highly technical or scientific, these issues may be too complex for the normal jury member to comprehend without assistance. Thus expert witness are employed to assist the jury to understand and resolve these issues in controversy. Experts are commonly used in medical malpractice cases or in vehicle accident reconstruction. However, before experts can provide testimony, the trial judge acts as the gatekeeper to determine admissibility.
In federal court the Daubert test is applied and the judge will evaluate:
Whether the witness is qualified to testify as an expert based on the expert’s knowledge, skill, training or experience;
Whether the expert is proposing to testify from specialized knowledge;
Whether this testimony will be helpful to the juror understanding the issues in the case;
Whether the expert’s testimony is based on sufficient facts and date;
Whether the testimony is the product of reliable principles and methods; and
If these reliable principles and methods have been applied in a reliable manner to the facts and date of the case.
If an expert fails one or more of these factors the trial judge may decide to exclude the theory.
The personal injury attorneys at Meyerkord & Kurth are experienced with motor vehicle accident claims and can help you or someone you know who has been in a motor vehicle accident. We have a track record of recovering millions of dollars due to car accidents and helping clients recover from their traumatic experience. Our personal injury attorneys are licensed in Missouri and Illinois. We have logged thousands of hours on the phone with insurance companies and recovered millions of dollars for medical bills, pain and suffering, and property damage. We have over 95 years of combined experience. Please contact us at (314) 300-3000 or (800) 391-4318 for a no-obligation assessment of your potential motor vehicle case.
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