Abstract

This paper argues that the expert witness who offers empathic testimony may significantly assist the trial lawyer in defending certain personal injury cases.The author considers his own congenital deformity from a subjective and objective analysis of experience. He then uses this deformity and the analysis to illustrate empathic testimony. A courtroom example is given.The conclusion argues the importance of permitting the experience of psychic trauma to speak for itself. It is also concluded that such experience and its analysis cannot be easily refuted as psychological projection. Trial lawyers could find the use of empathic testimony and its analysis of experience an effective tactic.