When Do You Need an Expert Witness in Your Case?

The federal admissibility framework and analogous state frameworks permit expert testimony where specialized knowledge will help the trier of fact, the testimony is based on sufficient facts or data, it is the product of reliable principles and methods, and the expert has reliably applied those principles to the case (Daubert v. Merrell Dow Pharmaceuticals, Inc., 1993).

Vocational expert, life care planner, forensic economist, treating physician, physical medicine and rehabilitation specialist, standard of care expert, occupational therapist or physical therapist, and vocational rehabilitation counselor each address distinct questions that together quantify damages.

Retain as early as practical. Early retention allows the expert to inform records collection, suggest FCE referrals, evaluate the claimant's medical trajectory, and provide input on deposition questions. Late retention risks gaps in the record and shortened report timelines.

Consider expert retention when earning capacity is contested, when a life care plan is disputed, when the case involves catastrophic injury with long-term care implications, when medical causation is at issue, when standard of care is disputed, or when the defense has retained opposing experts.