Research & Publications

Damages: Estimating Pecuniary Loss (Chapter 15)

by Cara L. Brown

Chapter 15 - Working with expert witnesses

Chapter 15 is more anecdotal than some of the other chapters. However, legal literature and precedent are woven throughout the discussion of the role of expert witnesses in civil litigation; the use of experts in no fault jurisdictions; assessing whether the responsibility for assumptions used in calculations rests with the lawyer or the expert; the hypothetical question issue, selecting an appropriate expert; and expectations one should have with regard to an report. I rely on my 120+ trial appearances as an expert witness to provide within this chapter guidance in terms of preparing the expert for trial; qualifying the expert; direct, cross-, and redirect examination of the expert, dealing with rebuttal evidence, and how the expert should deal with jury trials.