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Why Expert Witnesses Matter in Personal Injury Cases

Personal injury cases are often complex, requiring medical or scientific evidence that can be difficult for judges and juries to understand. This is where expert witnesses come in. They bridge the knowledge gap, helping to provide insights and clear explanations that can make or break a case.

Understanding Expert Witnesses

Expert witnesses are professionals who have special knowledge in a particular field that is relevant to a legal case. They differ from other witnesses in that they are permitted to offer opinions and interpretations based on their expertise, instead of being able to testify only about what they personally observed.

Who Can Be an Expert Witness?

Anyone with the proper credentials can be an expert witness. The credentials include proof of education, training, or experience in their field. The court will evaluate the credentials of any potential expert witnesses to determine if they qualify to testify.

Types of Expert Witnesses

Getting compensation from a personal injury case can be aided by several types of professionals:

  • Medical experts explain injuries and their long-term prognosis.
  • Accident reconstruction specialists recreate and explain how incidents occurred.
  • Financial experts calculate lost wages and future earning potential.
  • Engineering experts evaluate product defects that could cause injury.
  • Vocational rehabilitation experts determine when a victim may return to work.

What Are the Responsibilities of an Expert Witness?

The role of an expert witness in a trial must be taken seriously. They’ll be asked to thoroughly review all case materials and conduct an independent analysis according to their specialty. In addition to preparing a comprehensive report of these findings, they may also be called upon during depositions and trials to answer questions. If so, they must explain complex concepts clearly while remaining objective.

Why Expert Witnesses Are Called In and How They Benefit Your Case

Expert witnesses are called in to help provide information to prove that you’re entitled to compensation. They help to link the defendant’s actions to your injuries. Their expertise also makes it easier to accurately quantify medical needs, lost earning capacity, and quality of life impacts. Perhaps most importantly, they add credibility to your claims, countering defense arguments and explaining difficult-to-understand concepts in a way that the jury will understand.

What Types of Personal Injury Cases Typically Require Expert Witnesses

A personal injury expert witness can benefit many types of cases, but some types nearly always rely on expert testimony:

  • Medical malpractice cases: Medical experts explain the standard of care and how the defendant failed to live up to it.
  • Product liability cases: Engineering experts testify as to the nature and extent of product defects, explaining how they led to injury.
  • Motor vehicle accidents with serious injuries: These frequently need accident reconstruction specialists and medical experts.
  • Construction accidents: May require safety experts to identify code violations or unsafe practices.
  • Traumatic brain injury and spinal cord cases: These serious injuries require multiple expert witnesses to provide a complete look at the impact on the victim’s life.

Consult with Feldman & Lee PS Today

Expert witnesses can be a major benefit to your personal injury case, but not all experts are created equally. An experienced attorney, like those at Feldman & Lee PS, will be able to select the most qualified experts.

Our personal injury attorneys know which questions to ask and which information to look for in order to make the most of anyone testifying on your behalf. Contact us today to discuss how expert witnesses may be able to improve your chances of getting the maximum compensation possible.

Frequently Asked Questions

Can the other side challenge my expert witness?

Yes, the opposing counsel has the right to challenge the qualifications and opinions of your expert witness through cross-examination or counter-witnesses.

When should expert witnesses be retained?

Expert witnesses should be retained as early as possible. This allows them the maximum time to investigate and prepare their report.

Do I need multiple expert witnesses?

For complex cases, multiple expert witnesses are often required. Each addresses different aspects of your claim to provide the court with a complete picture.

Image Credit: AnnaStills // Shutterstock

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Refract Manager

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