In Florida personal injury cases, the jury must make the ultimate decision as to whether the defendant’s actions caused the plaintiff’s injuries, and what, if any, damages are appropriate. In many cases, the judge will explain the legal issues involved in the case to the jury, and the jurors will then be able to use their common sense to resolve the issues. However, in some cases involving issues that are beyond the understanding of most jurors, the plaintiff may be required to present the testimony of an expert witness.
An expert witness is someone who is an expert in the specific issue raised by the case. In Florida medical malpractice cases, doctors are often used as expert witnesses. In Florida car accident cases, engineers may be called as expert witnesses. There is no hard-and-fast rule stating when an expert is necessary, but Florida law allows for an expert to be called whenever “scientific, technical, or other specialized knowledge would assist the trier of fact.” While some cases, such as Florida medical malpractice cases, require expert testimony, the decision whether to call an expert witness is normally left to the discretion of the parties.
In a recent appellate decision, the court dismissed the plaintiff’s case because she failed to present expert testimony in support of her position.