Expert Witness

An expert witness in a personal injury claim is someone whose extensive knowledge and/or experience in a certain field allows them to give a professional opinion on matters that are under dispute. An expert witness can be a crash expert who helps prove how a car accident occurred, an engineer testifying about design defects in a product liability claim, a physician attesting to the standard of care in a medical malpractice claim and more.

An expert witness differs from a lay witness, such as an eyewitness to an auto accident, who can only testify to what can be rationally gleaned from their perception or firsthand knowledge, and in what helps clarify matters for a trier of fact, and who cannot testify to scientific, technical or specialized knowledge. The purpose of an expert witness is to objectively offer information and expert opinion on facts that need technical explanation. They can be used in a trial or in litigation.

Courts have to determine who qualifies as an expert witness and what testimony they are allowed to attest to. Over time, the standards in Federal courts and in individual states have changed. There are currently two standards used for admitting expert witness testimony: the “Frye” standard and the “Daubert” standard.

The “Frye” Standard for Expert Witnesses

In 1923, in Frye v. United States, the D.C. Court of Appeals took on the appeal of a murder conviction on around the admissibility of what was essentially an early version of a lie detector test. Under the Frye standard, expert testimony may be admitted if it is: sufficiently established to have gained general acceptance in the particular field in which it belongs.

The results were deemed inadmissible as the systolic blood pressure deception test used to get them had not gained general acceptance in its field.

The Frye standard was adopted by Federal courts and many states. Today, Illinois still uses the Frye standard for admitting expert testimony in jury trials.

The “Daubert” Standard for Expert Witnesses

Federal courts and Missouri currently use the “Daubert” standard for admission of expert testimony. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the Supreme Court of the United States ruled that Federal Rule of Evidence 702, which was enacted in 1975, superseded the previous Frye standard. Under Rule 702, a witness may qualify as an expert if:

1. the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
2. the testimony is based on sufficient facts or data;
3. the testimony is the product of reliable principles and methods; and
4. the expert has reliably applied the principles and methods to the facts of the case.

Daubert loosens the admissibility standard a bit, as under the standard expert testimony is allowed if the judge deems it reliable, even if it has not gained general acceptance in the relevant field.

In 2017, Missouri Governor Greitens signed House Bill No. 153 into law, which changed the standard in Missouri from Frye to Daubert by having Missouri Revised Statute §490.065 adopt Rule 702’s language verbatim.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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