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Wrongful death statutes and expert testimony
1Bowling Green State University, OH.
Death Studies
|February 8, 1991
Summary
This article examines expert witness testimony in wrongful death cases, focusing on legal statutes, standard testimony types, and the boundaries of economic expert evidence. It discusses damage awards and the legitimacy of expert opinions.
Area of Science:
- Legal Studies
- Forensic Economics
Background:
- Wrongful death litigation involves complex legal frameworks and evolving evidentiary standards.
- Expert witnesses play a crucial role in establishing facts and damages in these cases.
Purpose of the Study:
- To analyze the current landscape of expert witness testimony in wrongful death litigation.
- To critically evaluate the admissibility and scope of expert evidence, particularly from economists.
- To explore issues surrounding damage calculations and the legal limitations of expert testimony.
Main Methods:
- Review of wrongful death statutes and case law.
- Analysis of common types of expert witness testimony.
- Critical assessment of a specific case involving economic expert testimony exceeding perceived bounds.
Main Results:
- Identification of diverse wrongful death statutes and established categories of expert testimony.
- Demonstration of potential challenges when expert testimony extends beyond recognized expertise or methodology.
- Exploration of the judiciary's role in defining the legitimacy and boundaries of expert evidence.
Conclusions:
- The practice of expert witness testimony in wrongful death cases requires careful consideration of legal precedents and the scope of expertise.
- Judicial scrutiny is essential to ensure the reliability and relevance of expert evidence, particularly in complex economic damage calculations.
- Clearer guidelines may be needed to delineate the legitimate bounds of expert testimony to maintain fairness and accuracy in wrongful death litigation.