In some Washington, D.C. personal injury cases, there are complex issues beyond the understanding of the common juror. Typically, these issues involve the nature and extent of the plaintiff’s injuries and how they are traceable to the defendant’s conduct. In such cases, courts allow parties to call expert witnesses – often doctors – whose expertise can help the jury understand and contextualize the evidence.
Typically, when one party plans on calling an expert witness, the other side will also call an expert witness to offer a contrary position. This situation is referred to as the “battle of the experts,” because the outcome of the case may very well come down to which expert is more believable in the eyes of the jury. Thus, the decision of which expert to call is a critical determination that can make or break an accident victim’s case.
In a recent personal injury opinion released by a federal appellate court, the court discussed what a plaintiff must establish to present an expert witness. According to the court’s opinion, the plaintiff was injured in an on-the-job accident involving a machine used to crush automobiles and other large pieces of machinery. The plaintiff filed a product liability claim against the manufacturer of the crusher.