908-679-5011
The Role of Expert Witnesses in Commercial Litigation
People generally think of expert witnesses in connection with personal injury cases, whether it is an accident reconstruction expert testifying about the cause of the accident or a doctor giving an opinion about the extent of the victim’s injuries. Expert witnesses have a role in many other types of lawsuits, including commercial litigation. An attorney may work with various kinds of experts in a case to assist their clients in obtaining the best results.
Your attorney will always call many fact witnesses to provide evidence for certain aspects of your case that you need to prove. Every contention needs to be backed up by testimony. A witness must authenticate and give testimony if you introduce physical evidence. Expert witnesses can strengthen your case by backing up what you have to say with the opinion of someone with expertise and who agrees with your arguments.
What Testimony Does an Expert Witness Give in Commercial Litigation?
Expert witnesses can give their opinions on several topics. Some examples of expert witness testimony in commercial litigation cases include:
- Quantifying the damages that a business suffered due to wrongful actions;
- What a reasonable director or officer would have done under the circumstances when they have been accused of fiduciary duty;
- How certain actions affected pricing in the marketplace;
- Testimony about whether and how the defendant mitigated their damages; and
- Testimony about the usage of the trade when there is a dispute involving how contract terms are to be interpreted.
A litigant may also use expert witnesses to respond to the testifying experts the other party uses. You may need to hire a rebuttal expert when you do not believe that the opinion given by the other expert was correct. Whether the opposing party hires an expert witness determines your need for a rebuttal expert.
Types of Expert Witnesses in Commercial Litigation Cases
Testifying expert witnesses who would be questioned just like any other witness at trial. Before the expert can testify, they must qualify as an expert. They qualify as experts through their knowledge, skill, experience, training, or education. The trial judge may need to rule on whether an expert can testify if it has been challenged. The success of your case may come down to whether your expert witnesses are allowed to testify.
There is also such a thing as a non-testifying expert witness who becomes part of the legal team. Expert witnesses may also be used to help your attorney build your case through discovery and prepare for the trial. Your lawyer may need some technical expertise to know what questions to ask in discovery and how to best understand the information they have learned. An expert witness can help your attorney develop a road map for your case, and they can help make your lawyer more effective.
The types of expert witnesses you use depend on the facts and circumstances of your case. An experienced commercial litigation attorney knows how to plan your case’s strategy and how to use expert witnesses to help you prepare and strengthen your arguments in court.
The New Jersey Commercial Litigation Lawyers at Herold Law, P.A. are the courtroom-experienced attorneys you need to help with your lawsuit. You can schedule an appointment to speak with one of our lawyers today by calling us at 908-679-5011 or contacting us online. Located in Warren, New Jersey, we serve clients in Somerville, Morristown, and across New Jersey.
