As experienced Buffalo personal injury attorneys, we are aware of the manner in which the presentation of expert testimony has evolved over the years. Generally, there has been a move towards trying to make such testimony clearer for a jury to understand without the expert having to present a lot of underlying information regarding, for example, the science behind an opinion. While the goal of having a jury understand testimony is a correct one, this trend has also broadened the ability of an expert to present a weak opinion without first having to establish a sound basis for it.
The Civil Practice Law and Rules section 4515 states that unless the court orders otherwise, questions calling for the opinion of an expert witness need not be hypothetical in form, and the witness may state his opinion and reasons without first specifying the data upon which it is based. Upon cross-examination, he may be required to specify the data and other criteria supporting the opinion.
As a result, a competent personal injury attorney may be able to develop the weakness of a defense expert’s opinion upon cross-examination. That opinion, however, will already have been heard by the jury.
In rare cases where the basis for the expert’s opinion has obvious flaws, a personal injury attorney may be able to have the expert kept from testifying by requesting that the Court conduct a hearing regarding the admissibility of the testimony prior to the jury hearing it.
If you have suffered a personal injury and have any questions, please feel free to call us at 716-542-5444.
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