There are times when an attorney can probably wrap information into his or her closing remarks that do not really require an expert witness' testimony. Yet it is a fact that the same information, presented as testimony from a person qualified in the field, will have a greater impact on the jury than from an attorney. Most malpractice or professional negligence actions, require an expert or experts to establish what a reasonable well-qualified physician would have done in the same or similar circumstances. In a product liability action, an expert is essential to explain the product defect. There are times when multiple experts may be necessary.
Experts can help in any area that is technical or complicated.
Although they may be needed as a witness, their pre-trial assistance is invaluable. The sooner you contact an expert the better. Since they are more familiar with the practices and procedures common to a given field, they can help formulate the theory of liability and identify possible pitfalls. An expert can clarify complex issues and help to narrow the investigation during discovery, interrogatories, requests for admissions and production of documents. If you try to avoid the expense of hiring an expert to reach an early settlement, remember that if negotiations fall through, the delay may make it difficult to retain an expert on short notice.