Is expert testimony required to prove a wrongful death claim?
In Washington, expert testimony is not always required to prove a wrongful death claim. In some cases, where the facts of the case are not disputed, a plaintiff may be able to prove their claim based on the evidence provided, without relying on the testimony of any experts. In other cases, particularly those that involve more complex questions of fact or require a more detailed analysis, an expert witness may be necessary. Expert testimony is most often used when the plaintiff is attempting to prove causation, or to establish the standard of care that was required of the defendant. Expert testimony can also be used to bridge the gap between liability and damages, in order to establish the amount of damages the plaintiff should recover. When hiring an expert, plaintiffs should ensure that their witness is qualified and has the necessary experience in the relevant field. Depending on the case, the expert may need to prepare a report or attend a deposition in order to provide testimony. Ultimately, the decision to call an expert to testify in a wrongful death case rests with the plaintiff and their attorney. In Washington, expert testimony is not always required, but can be an invaluable tool for proving a wrongful death claim.
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