How Much Do Expert Witnesses Cost?

Law Articles

At some point in your auto accident lawsuit, you may need an expert witness to testify about the accident, your injuries, or other important matters to help prove your case against the defendant. While the information these experts provide can prove invaluable, these people don't work for free. Here's what you need to know about how much expert witnesses charge and other fees you may have to pay for their time.

Average Expert Witness Fee

According to a survey conducted by SEAK, the median rate for a medical expert is $500 per hour and $275 per hour for a non-medical expert witness to provide in-person testimony in court or at depositions. These same people charged less for file reviews and preparatory work (e.g. filling out forms), approximately $350 for medical experts and $245 for everyone else.

However, the actual rate you'll be charged will vary depending on a number of factors, with location being a top one. In general, expert witnesses located in cities where the cost of living is higher will charge more while those in cheaper areas will charge less.

The expert's combination of knowledge, skills, and experience will also dictate how much the person will charge, as well as the subject matter the person is testifying on. People who work in common areas of expertise (e.g. obstetrics) may charge less to remain competitive, while those with specialized knowledge (e.g. biomechanics) may have higher rates because they are one of very few people who do what they do.

Lastly, an expert's demand may also factor into his or her rates. Someone in high demand may have higher fees while another person with low demand may charge less.

Other Expenses

The amount an expert witness charges for his or her services is only part of the story. There are other money issues you'll have to contend with when you need to hire someone to provide specialized information about your injuries or the accident. Many expert witnesses require customers to pay for a minimum number of hours for work. For instance, you may be billed for 3 hours of testimony even though the deposition you hired the person for only lasts for 2.

Second, it's not unusual for these professionals to require people to pay a retainer. According to one survey, approximately 20 percent of experts reported not receiving payment for their services, so it's no surprise that 48 percent of respondents to the survey required clients to put up a deposit. In some cases, you may have to pay the person again in the middle of the trial if the number of hours they work exceed your prepaid amount.

Lastly, clients are generally responsible for paying the witnesses' travel expenses, and you may be charged a fee if you cancel the service too late.

Paying the Fees

If you hire an attorney to represent you in your case, he or she will typically pay the expert witness out of the contingency fee the lawyer charges you. However, this depends on your contract with the attorney. Some lawyers charge a lower contingency fee, but the client is responsible for paying certain expenses like the expert witness fee when they come up. Others charge a higher contingency fee but cover all expenses incurred during the case, including expert witnesses. It's essential you discuss the issue with the attorney to avoid any unpleasant surprises.

Your insurance provider may pay for an expert witness, but this generally only occurs if the company hires a lawyer to represent you in court. Otherwise, you will usually have to pay out of pocket for the professional's services.

For more information about hiring an expert witness for your case, contact a lawyer like Carl L. Britt, Jr.

10 May 2017