Expert witnesses may be asked to explain a health problem or how a particular type of accident could cause a particular injury. In this way, they are allowed to help the court fill in gaps in difficult concepts. This is not speculation because they do not give their opinion on what happened in your particular case unless they have looked at the relevant documents. Rather, they are there to help the court understand if your claim is possible. When a witness begins to express his opinion or guess what happened, it is called speculation. An experienced lawyer in Georgia can make sure you have the best case possible. Fortunately, your lawyer has the right to object to any speculation at a public hearing or testimony. You can do this in two ways: John Foy & Associates personal injury lawyers offer free advice with some of Georgia`s most experienced and respected personal injury lawyers. Fill out the form on the right or call us at 404-400-4000 to receive your FREE consultation today. Under Article 24-7-701 of the Annotated Official Code of Georgia (OCGA), courts rely only on factual evidence, such as what the witness actually saw or heard, and not on the witness` assumptions about what else might have happened.
Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Speculation is not considered reliable and is not admissible as evidence in legal proceedings. While someone can make an educated guess about something and be right, there`s no way to verify it in the courtroom. Similarly, medical diagnoses are often used as evidence in a personal injury case. These diagnoses are professionally informed assumptions and carry more weight than a layman`s opinion. Speculation creeps into legal proceedings for two reasons: n. financial losses or possible expenses claimed by a plaintiff (person bringing a lawsuit) that depend on a future event, are purely suspected or highly unlikely. Speculative damages should not be awarded, and the jury instructions should indicate this. Examples: (a) the applicant believes that ten years later, as he ages, he may experience pain as a result of a healed fracture, although no physician has testified that this is likely; (b) The plaintiff alleges that the defendant`s failure to deliver the goods for sale could damage its reputation among future customers. The law of litigation and personal injury can be complicated. You should have someone in your corner who knows how to navigate your case.
In retail. The act or practice of purchasing land, goods, etc., in anticipation of a price increase and an advance sale as opposed to regular trade, where the expected profit is the difference between retail and wholesale prices or the difference in price at the place of purchase of the goods and at the place where they are to be transported to the market, is. Weaver. See Maxwell v. Burns (Tenn. Ch. App.) 59 pp. W. 1067; U.S.
v Detroit Timber & Lumber Co. (C.C.) 124 Fed. 393. As a general rule, no. Sometimes, however, witnesses are specifically called upon to express their professional opinions rather than facts. Experts, for example, are not used to provide facts about the case, but to help the jury understand difficult scientific concepts related to the facts. Many types of evidence are used in cases of bodily harm. While documents are the most common, such as police reports and medical records, witness testimony is also common. This poses a problem: witnesses can provide valuable information about what happened, but they are also people, and people have opinions – opinions that may be wrong.