Expert Witness Discovery in Personal Injury Litigation: Establishing or Challenging Admissibility of Expert Evidence

Plaintiffs and defendants in personal injury litigation frequently hire expert witnesses, usually medical doctors, to testify about the physical injuries the plaintiff allegedly suffered. In matters involving premises liability, highway, construction and accident reconstruction, engineers are often retained as experts.

Pretrial discovery and depositions are opportunities for both sides to uncover evidence that will weaken the credibility of the opposing party’s expert.

To maximize the effectiveness of their own expert witnesses, personal injury counsel should carefully vet the expert and coach them through discovery, deposition and cross-examination. In addition, counsel must thoughtfully evaluate the weight of the expert’s testimony and take strategic steps to ensure the expert’s opinions will clear all evidentiary hurdles.

Daubert/Frye challenges are one of the most critical aspects of expert discovery because exclusion of an expert can effectively end a suit. A successful Daubert/Frye challenge can also put a party in a more favorable settlement position. Counsel should consider Daubert/Frye issues when retaining an expert, and in making strategic and tactical expert discovery decisions.

Listen as our authoritative panel discusses strategic considerations and best practices for personal injury plaintiff and defense counsel when managing expert witness discovery.

1. Designation of experts
2. Admissibility of expert opinions
3. Cross-examination and impeachment of experts
4. Deposition of experts
5. Daubert/Frye challenges
6. Motions in limine as recourse to challenge the admissibility of expert opinions

The panel will review these and other key issues:

• What factors should counsel consider when selecting an expert witness?
• What strategies should counsel employ to increase the likelihood of admissibility of their client’s expert opinion?
• What are some best practices when coaching an expert prior to deposition?
• What are some best practices for challenging an opposing party’s expert during deposition and cross-examination?
• How can counsel increase the likelihood of success when bringing or defending Daubert/Frye challenges?
• How can motions in limine be leveraged to challenge the admissibility of expert opinions?