Make Sure Your Expert’s Opinion is Reliable

I use expert witnesses in many cases. Many. Experts are an important part of cases, particularly complicated disputes where an expert opinion is absolutely warranted. But, as I have discussed in prior articles, an expert's opinion needs to have a foundation of reliability, which is governed by the Daubert standard. Without ensuring that an expert's opinion is reliable, then parties will hire the Joe Blows of the world, pay them a minimal dollar amount, for an outrageous, unsupported, and unqualified opinion. This, of course, provides no value. Hence, the Daubert standard or test "requires that '[t]he testimony is based upon sufficient...

24 April

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Is Your Expert Qualified to Render the Opinions?

Posted by David Adelstein

in Expert Testimony

You retained an expert witness. You want the expert witness to serve as a testifying expert -- to testify at trial to help support a claim or a defense. But, is your expert qualified to render the opinions you want him/her to render? Stated differently, does the expert have the expertise, knowledge, skill, education, training, or experience to render the opinion (as required by Florida Statute s. 90.702)? This is crucial since if he/she does not, he/she will NOT be qualified as an expert witness. Make sure the expert you retain is qualified to render the opinions you want him/her...

10 January

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Expert Opinion Testimony and Understanding Daubert’s Gatekeeping Test

Posted by David Adelstein

in Evidence, Expert Testimony

Expert opinion testimony is an important aspect of complex civil litigation. Expert testimony assists in proving or disproving liability and damages. A credible and persuasive expert can make the difference in a case and retaining experts, generating expert opinions, and the manner in which expert opinions are presented should not be taken lightly. Regarding expert testimony, Florida Statute s. 90.702 provides: “If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in...