Why Hire an Expert
An expert is a person with special knowledge or skill in a particular field
The American legal system is adversarial, which means that it intentionally pits one side against the other. Plaintiff versus Defendant, or Petitioner versus Respondent. Each side to a legal dispute is expected to put their evidence together in a way that maximizes their chances of a win. Lawyers play a big role in lawsuits, including investigating claims, negotiating, strategy, courtroom presentations, and appeals.
The greater the stakes, the more likely it is that you will need one or more experts for your case. An expert witness is simply a person who testifies who is represented to be skilled in certain areas.
It is possible for a judge to appoint an expert on its own and require one side or both to pay for the expert’s services, but that is rare. It happens sometimes in child custody cases where there are allegations of child abuse and neglect.
Experts are expensive. Lawyers are expensive. Every aspect of a lawsuit in the United States is expensive. So why shell out for an expert on top of what you’re already paying?
Because you want to win. Because you need an advantage. And because the other side is incentivized by virtue of the adversarial nature of our system to find evidence and witnesses who will support their claims, not yours.
Experts are frequently necessary when values are at issue or in dispute. If one of the issues in your lawsuit is the value of a home and how much each side should receive as their share of the home’s value, and one side wants to keep the home, that creates a tension between the parties and their respective optimal outcomes. The party who is not going to remain in the home and simply receive their share of the equity wants the home to be determined to be worth as much as possible so that they receive a maximum payout. The other side, the party who wants to keep the home, will naturally want the value of the home to be determined to be as low as possible, because they are going to have to buy out the other side’s interest in order to remain in the home. Most people are not qualified to accurately value homes and property, so they each need to have the home professionally appraised. There are good reasons for each side to have the home appraised — two appraisals — to have expert witnesses (appraisers) testify and support their valuation of the residence.
The possibilities are endless. Depending on the claims and the issues in dispute, physicians, mechanics, professors, or psychologists may be hired to serve as experts. Lawsuits often involve technical, scientific, medical, or financial matters that are beyond the understanding of the average person (judge or jury). Experts bridge this knowledge gap by providing specialized insights and explanations. They translate complex jargon and concepts into understandable terms, so that the decisionmaker (the judge or a jury, depending on the type of case) can grasp the relevant information. This clarity is essential for informed decision-making.
In many cases, experts are crucial in establishing a causal link between certain actions and the resulting damages. For example, a medical expert can testify about the cause of an injury, or an engineering expert can explain the cause of a structural failure. Expert testimony can be used to refute or discredit opposing expert testimony, and other opposing arguments.
Part of your lawyer’s job is to assess the strengths and weaknesses of your case and any gaps in evidence that could leave you exposed. The judge is only there to make decisions on matters presented in the courtroom and does not oversee or assess your case in the way that a lawyer does. The judge may have no idea that an expert could be helpful, but your lawyer will. If your lawyer advises you to consider hiring an expert, hear what they have to say. It could mean the difference between winning and losing what matters most to you.
