In many New Mexico personal injury cases, there are complex legal issues that the average juror may not understand – which is why New Mexico plaintiffs and defendants must on occasion provide expert testimony. Generally, an expert witness is someone who is qualified through their education, training, experience, or practical skills.
Expert witnesses are often required in certain personal injury cases in New Mexico, and the judge or jury can rely heavily on the testimony that they present. There are many kinds of expert witnesses, including physicians, psychologists, forensic pathologists, scientists, and even handwriting experts. Unlike other witnesses, experts are allowed to provide their opinion based on their knowledge. In some cases, experts are called to testify during a trial, whereas other experts are used during pre-trial proceedings to familiarize a party with a certain field or issue. These experts may review things such as medical records, accident reports, witness testimony, and scientific or other technical data.
The decision of whether to allow an expert to testify rests with the judge, who acts as the “gatekeeper” of the evidence that a jury is permitted to consider. Thus, New Mexico personal injury attorneys usually make the initial determination regarding whether an expert witness is needed and what specialized training they should have. In most cases, an expert will be utilized when the case is complicated, or the facts require the judge or jury to reach a conclusion based on a complex subject matter. For example, in a car accident case, an accident reconstructionist would be an appropriate expert. Similarly, in a product liability case, an engineer may be useful. Experts can often make or break an accident victim’s case, and as a result, it is important that plaintiffs utilize an attorney’s expertise in determining which kind of expert to retain.