Expert Witnesses

Published 14 Jun 2017

An expert witness is an individual who has been permitted to give evidence about a particular field relevant to your case.

Gerard Malouf & Partners qualifies only the most experienced and reputable experts to ensure the strength and quality of our client’s cases which can maximise the compensation that you may be entitled to receive.

Expert witnesses can come at a considerable cost and are usually required to strengthen the evidence of the case put forward by either the Plaintiff or the Defendant. We will cover the cost of your expert witness reports during the course of your claim and the cost is only payable by you if and when we win your case!

The opinions of experts are important in determining liability and the amount of compensation you are entitled to receive. Expert evidence will assist the parties and the Judge in understanding the injury or incident and answer any questions about any technical points.

Above all else it is important that we brief an expert who has the relevant qualifications to enable him or her to give the expert opinion he or she is providing. For example, if you have a knee injury, it would not be helpful to brief a Neurologist or a Rheumatologist for this injury as they will not have the relevant expertise to provide a reliable opinion. In most cases an Orthopaedic Surgeon would be the correct expert witness for a knee injury.

In deciding on an expert, we consider the expert’s:

  1. Relevant qualifications;
  2. Experience and memberships; and
  3. Reputation within the legal industry.

How can we be sure whether or not your expert is going to be believed and accepted? Does your expert witness have a bad reputation? Is he or she known to be a “hired gun?”.

At Gerard Malouf & Partners our team look at the reputation of the expert witness and gather information from legal peers in order to get a good idea as to whether or not the expert we are considering using is reputable and will assist your case.

We will also determine whether the expert is used by both Plaintiffs and Defendants to determine whether he or she can be seen as fair and impartial.

The judge is likely to give more weight to an expert who is known to be impartial rather than an expert who is known (for example) to exaggerate injuries and disabilities because the expert is always briefed by Plaintiffs.

Finally it is always important to confirm in the expert’s report that he or she has read the Expert Witness Code of Conduct and agrees that he or she has complied with the Code of Conduct. Failure to comply with the Expert Witness Code of Conduct may result in the exclusion of that expert’s evidence.

Feel free to contact us to discuss your matter or answer any questions you may have about the experts we brief using the phone number 1800 004 878 or complete our email enquiry form.