by Samantha ChanExpert Witnesses in Litigation
When pursuing a civil lawsuit, there may be times when it is critical to have an expert witness testify on your behalf. An expert witness is someone with specialized knowledge, training, or experience in a particular field who can help the court understand complex issues. The type of expert you may need depends on your case and the facts you’re trying to prove (or the defenses you’re asserting). Here are just a few examples of disputes and the types of expert witnesses often called upon:
Business Dispute
In a business dispute, parties might rely on business valuation experts or forensic accountants to explain financial records, assess damages, or determine fair market value.
Personal Injury Case
In personal injury cases, experts may include medical professionals, accident reconstructionists, or physical therapists.
Family or Divorce Litigation
In family or divorce litigation, attorneys often work with vocational experts or pension valuators to clarify income potential or asset division.
Each case is unique, and the type of expert you may need depends on the specific facts, issues, and goals involved. While many cases do need expert witness testimony, some lawsuits don’t require it.
When an Expert Witness is Allowed and Beneficial
Under Maryland Rule of Civil Procedure 5-702, expert testimony is admissible if it “will assist the trier of fact to understand the evidence or to determine a fact in issue.” In plain terms, experts are brought in when the subject matter goes beyond what the average person would reasonably know. A qualified expert can translate complex data, financial analysis, or technical knowledge into understandable, credible testimony that supports your position. They can also lend credibility to your case by offering an objective, professional perspective based on specialized experience.
Litigation can be expensive, and retaining an expert witness adds another significant cost. When an expert is necessary, it’s important for your attorney to interview them and ensure they have appropriate qualifications and communication skills, since the expert will be instrumental in presenting technical information to the court. Choosing whether to hire an expert is a decision that should be made thoughtfully with your attorney, based on your goals, budget, and the strength of your evidence.
Don’t Navigate Your Case Alone
An expert witness isn’t a magic wand, but they can be the difference between confusion and clarity, between speculation and proof. Whether you’re dividing marital assets, valuing a business, or proving damages in a complex dispute, the strategic use of expert testimony can strengthen your case and improve your chances of a fair outcome.
As an attorney at LOHM, part of my job is to identify when that extra layer of professional insight could make the difference, and to help you find the right expert for your situation.
