Cross-Examining Expert Witnesses in Personal Injury Trials

In a personal injury case, an expert witness can help explain complex issues to the jury. Both you, the injured plaintiff, and the defendant can use your own expert witness and ask questions of the other party’s expert witness. If one expert is saying it’s the defendant’s fault and the other defendant says it is not—whom is the jury supposed to believe?

Cross-examining the defendant’s expert witness can show that your expert is more reliable. To understand the cross-examination of an expert, talk to your personal injury trial lawyer for legal advice.

What Is the Purpose of Cross-Examining the Defendant’s Expert Witness?

In a trial, either party can present lay witnesses and expert witnesses. Expert witnesses can help the jury understand complex issues in a personal injury trial. This includes the cause of injury, the extent of permanent damage, and who is liable for the victim’s injuries.

When presenting a witness, the attorney performs a direct examination for testimony that supports their case. Opposing counsel can then cross-examine the witness. Cross-examination can downplay the reliability of the witness and give the jury reason for doubt in what they say.

How Can You Attack the Expert’s Credibility?

When two experts present opposite conclusions to the same evidence, how can you distinguish between the two? A standard methodology is to attack the expert’s credibility. Your attorney can challenge the expert witness testimony to show:

• The expert’s credentials – their education and work experience – are not that impressive.
• The expert primarily represents defendants and is not fair or impartial.
• The expert is motivated by money to say whatever the defense counsel wants them to say.

This is likely the first time the jury will ever see or hear from this individual expert. However, your personal injury attorney may know the defendant’s experts. Many defense experts make a significant income just by giving their expert testimony in personal injury cases.

Your attorney may be able to review prior court depositions and trial testimony to see how the expert will testify in your case. This can also help with impeaching the witness’s testimony. Impeachment means that you can discredit a witness by showing contradictions, inconsistencies, or false statements.

Challenge the Expert’s Specialized Knowledge

Qualifying an expert in a personal injury lawsuit may be relatively simple. However, the plaintiff’s attorney can challenge the expert’s credentials, even if the court qualifies them as an expert. Your attorney can use the expert’s resume or CV to show they spend more time in the classroom than in the field of practice. Sometimes, the opposing expert may have exaggerated their credentials and experience.

Show One-Sided Representation

If an expert only testifies on behalf of defendants, they may not appear impartial. A jury may be more likely to believe an expert who represents both plaintiffs and defendants. An expert is not expected to say they only represent the defense. Your attorney can show evidence that the expert is biased.

For example, you ask a car accident expert how many times they testified on behalf of a defendant in the past year, and they respond, “Three.” However, you have copies of 10 trial transcripts where the expert testified for defendants in the past year. This can challenge the expert’s reliability and impartiality.

Show Financial Motivation

Showing financial motivation may portray the expert as a gun-for-hire. When an expert makes a lot of money working for defendants, they may not appear impartial or reliable. Your attorney can introduce evidence of the expert’s prior testimony and income related to expert witness work. This includes advertising or promotional materials that sell their services as an expert.

A personal injury attorney with experience dealing with expert witnesses understands the importance of cross-examinations. If you have questions about cross-examinations in a personal injury trial, consult your personal injury lawyer.