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Callagy Law: Personal Injury Attorneys Serving New Jersey

Getting involved in a lawsuit is often new territory to a lot people. They often have questions that cannot be answered by their loved ones or everyone’s new best friend, Google. However, here at Callagy Law we try to answer as many questions.

The Difference Between a Lay Witness and an Expert Witness

One of the questions I get asked most often is, why does my lawsuit need one. While there are many important reasons for obtaining an Expert witness, I will discuss two important reasons in this article. First, an expert witness is important because the expert has the ability to testify at trial about subject matter than an ordinary witness – called a lay witness – cannot. A lay witness is your typical ordinary person, e.g., the pedestrian who saw your car get hit by another car. That lay witness can only testify about knowledge that is personal to him or her. For example, that pedestrian in the above example can testify at trial about (a) what time of the day it was at the time of the accident, (b) how that person saw a car run a red light and then collide with your car, and (c) how the collision causes a massive dent in your car and how you got out of your car limping.

In contrast to lay witnesses, expert witnesses can testify about subject areas beyond their own personal knowledge. Specifically, they can testify about subject areas that are more technical, scientific, and specialized in nature. For example, in the above mentioned car accident scenario the expert witness can testify about how (a) how your leg was broken in three spots from the accident, (b) how the accident is going to keep you out of work for four months, and (c) how the accident will impact the rest of your life because your leg will not be able work the same again.

Looking beyond the personal injury world, expert witness can testify about nearly every area of law, including breaches of fiduciary duty, trade secrets, and the validity of wills.

A Good Expert Witness Can be an Asset

Another factor that you need to consider when contemplating whether to get an expert witness is that a really good expert witness can resonate with the jury. When Callagy Law litigated the 75^th largest jury verdict in America in 2016, we had a several expert witnesses in our case. One of our expert witnesses especially resonated with the jury because she spoke with integrity, knowledge, and conviction about her findings in the case. It was clear to tell that the jury was clearly listening to our expert witness and believed her conclusions. Additionally, we had another expert witness, a damages expert who was a war veteran who volunteered to back into the Army after 9/11, that also spoke with integrity and with confidence in his conclusions. The result of that expert was our client received more money in economic damages than the expert witness calculated he was owed. A truly amazing result.

A Bad Expert Witness Can Be A Liability

However, expert witness selection is key as you don’t want to end up with a bad expert witness. A bad expert witness can result in the jury turning against you and not believing your side or if your expert witness does bad at their deposition, it will make your case look week. Again, in the 75^th Largest Jury Verdict in America in 2016 case, Sean Callagy deposed the adversary’s expert witness for over 7 hours. In those 7 hours he got the expert witness in some many inconsistencies and ridiculous conclusions that it resulted in that expert witness not even attended trial.

Interested in Learning How This Might Apply to Your Situation? Contact Callagy Law

I hope that you have found this article helpful. If you liked the article, please feel free to like Callagy Law on Facebook, Instagram, Twitter, LinkedIn and all of our social media accounts. If you or anyone you know has any questions about this article or other articles you have seen on our website please feel free to call us anytime at 201-261-1700.

Lastly, if you or someone you know needs legal representation call us today. We are sorry that you or someone you know is in a situation where you even need legal counsel. However, the attorneys at Callagy Law can help you with whatever situation you are facing so that you can return to peace in your life.

In your service,
Robert J. Solomon, Esq.
Attorney, Business Litigation

Attorney Advertising. This information is provided for entertainment purposes only. Since each case is different and laws and regulations change constantly in the legal world, this should not be construed as legal advice. Please note that online activity, interaction and/or communication does not form an attorney-client relationship.

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