Expert Witness
An expert witness is a specialist in some subject relevant to a civil or criminal proceeding. This person often possesses technical knowledge that is somehow pertinent to the issues of the case. Because of this, such an expert witness' testimony carries great weight, even though s/he may have no other connection to the case, and his/her statement typically consists of an opinion rather than facts relating to the case. It is actually the single exception to the rule that witnesses in a court action must refrain from giving opinions and must confine their answers to the facts at hand.
If either party to a court action plans to call on expert testimony, this fact must be declared during the discovery phase. During this part of the trial, each side must provide the name and address of their expert(s) to the opposing counsel under rules of litigation Opposing counsel may challenge the expert's competence and credentials. If this happens, the party on whose behalf the expert witness is testifying is obliged to question their own witness on his/her training, expertise, education and experience, etc. In addition, the judge has discretion to qualify an expert witness and rule whether or not s/he is indeed an expert in a subject area.
Law firms and attorneys pay quite well for the services of an expert witness; the jury and opposing counsel are entitled to know the amount of this fee. Opposing counsel will most certainly ask for this information during cross-examination.
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In work-related injury cases, the types of expert witnesses that may be called upon include medical specialists (such as oncologists), chemists, engineers, geologists and even historians.
An asbestos expert witness may be called to testify during a mesothelioma lawsuit to explain the dangers of exposure to the toxic mineral.