The role of expert witnesses in civil cases can be crucial if the case is complex enough to have matters that lie outside the knowledge and understanding of the parties, their attorneys and judge or jury.

The admissibility of an expert witness depends on the case’s jurisdiction. In simple terms, the US federal law uses exclusively the Daubert Standard (testimony relies on reliable principles and methods). However, California state courts often use the Frye Standard (testimony based on scientific principles or procedures is admissible but only after a principle or procedure has gained acceptance in its specified field). 

Now, there are numerous types of forensic experts that provide scientific or technical evidence and insight to help have a clear understanding on the matter in question, these experts are only labeled “forensic” because they apply scientific principles and methods to these legal issues. Here are a few examples:

• Sexaul Assault Forensic Examiner (SAFE): introduced in sexual assault cases. Basically, the examiner (trained healthcare professional) performs a physical exam, a genital exam and collection of swabs and samples to preserve evidence of a sexual assault. The forensic examiner’s role in civil trials is crucial as he testifies whether a sexual assault took place, based on the evidence collected, he also covers the nature and the extent of the victim’s physical injuries. In the same context, a Forensic Psychologist’s role in a sexual assault case can be significant, in the sense that his insights and scientific opinion can help the judge and jury understand the state of the victim’s mental health. 

• Forensic Engineers (accident reconstruction experts): In civil trials, these experts can help the court determine liability through intensive investigation, using several scientific methods such as the EDR (event data recorder) to determine speed, direction and point of impact. In car accident cases, we could witness the involvement of the Toxicologist forensic, in case there are traces of drugs or alcohol in evidence.

• Forensic Accountants: In construction defect cases, their role is to calculate the repair costs and determine fraudulent expenditures that led to the incompletion of a project.

• Forensic Pathologists: Usually involved in medical malpractice or personal injury cases. They could bring some insights into the evaluation of the standard of care and reasons of negligence in order to determine the cause.

• Digital Forensic Experts: Usually introduced in intellectual property cases, where they’re supposed to help in the understanding of certain claims that lie outside the court’s, the jury’s and the parties knowledge, such as analyzing digital assets or verifying authorship.

To summarize, having legal help by your side in complex civil litigation cases can significantly improve the chances of winning your case. An attorney, as a legal professional, will deeply understand the details of the case, both legally and technically, which will lead to the choice of the right forensic expert.