Most of our readers know that witness testimony is a key part of any civil or criminal trial. It is, in fact, the main way to introduce evidence in a trial of any kind. Expert testimony, however, is much different than the testimony of an eyewitness or others who might have direct, factual knowledge of various aspects of a case. Expert witnesses are individuals who, because of their knowledge and experience, can help prove or defend against a claim.
In toxic tort litigation, expert testimony is crucial. These cases typically involve claims by plaintiffs that exposure to a toxic chemical or substance caused injuries or illnesses, thus requiring the defendant to pay financial compensation to the plaintiff. However, toxic tort litigation can get complicated in a hurry. Claims based on exposure to substances like asbestos, or even claims against pharmaceutical companies, for example, are toxic tort claims that will almost undoubtedly require expert witnesses to prove.
The problem is that it isn’t uncommon for plaintiffs and defendants to present expert witnesses who have differing opinions – one might testify that the exposure to the toxic substance was the cause of the plaintiff’s injuries or illnesses, while the other might say the opposite. If the case is being presented to a jury, this is when the credibility of the witnesses becomes crucial, as does their specific knowledge and experience – who should the jury believe? And is complex information presented in such a way that the average person can understand its significance?
Complex litigation
There is no doubt that toxic tort litigation can easily be considered one of the most complicated areas of the law. If you believe you have a valid claim based on toxic exposure, be sure to have the facts of your potential claim analyzed carefully to make sure you proceed properly as you approach what might certainly become a complex litigation situation.
