The Role of Expert Witnesses in Personal Injury Cases
Overview: There are many factors that play a part in determining the outcome of a personal injury case. Among these: Testimony from expert witnesses. Expert witnesses can play a crucial role, providing specialized knowledge and opinions that can help the court and the jury understand complex issues related to the injury. Here’s what you should know.
When it comes to personal injury claims, having the right evidence and testimony can be the key to success. Expert witnesses play a critical role in helping to build a strong case. The right expert can provide credible and convincing testimony that can make the difference between a victory or a defeat in court.
In this blog post, we will explore the role of expert witnesses in personal injury cases and why they are so important.
What Is an Expert Witness?
An expert witness is someone who has specialized knowledge, training, or experience in a particular field. They are typically called upon to provide testimony in court or during a deposition to help establish the facts of a case. Expert witnesses can come from a variety of backgrounds and include medical professionals, engineers, and accident reconstruction specialists.
Why Are Expert Witnesses Important in Personal Injury Cases?
There are several reasons why expert witnesses are so important in personal injury cases. An expert witness in the courtroom can accomplish the following:
Provide Credible Testimony: Expert witnesses have specialized knowledge and experience in their field, which gives them credibility and authority when they testify in court. When a lawyer seeks out an expert witness to testify in a case, they’re looking for someone who is knowledgeable and respected by their peers. The right person will be able to speak intelligently and eloquently on their area of expertise.
This person can provide the necessary insights to help explain complex medical conditions or technical details, and their testimony can help strengthen a personal injury claim.
>> Related Reading: What makes a great expert witness?
Establish Liability: Expert witnesses can help establish liability in a personal injury case. For example, in a case involving a defective product, an engineer may be called upon to testify. The engineer can provide testimony on the design and safety of the product from an informed perspective.
Often, a medical professional may be asked to testify about the cause of an injury. When they’ve carefully considered the facts of a case, their testimony can help demonstrate that the defendant was negligent and that their actions caused the injury.
Establish Damages: Expert witnesses can also play an important role in establishing damages in a personal injury case. For example, the medical professional may be called upon to testify about the extent of an injury and its impact on a person’s ability to work or engage in daily activities.
By testifying that the injury sustained by the plaintiff would, in fact, result in the inability to effectively work, the witness can help support a claim for compensation for lost wages. The same medical professional would also be able to verify the extent of the injuries suffered and support a claim for medical expenses.
Provide Objectivity: Expert witnesses are — or at least, should be — neutral parties who are not emotionally invested in the outcome of a case. They are trained to provide impartial and objective testimony based on their expertise, which can help to overcome any biases or preconceived notions that a jury may have.
It’s important that the expert witness chosen to testify has no vested interest in the outcome of the case. To ensure maximum credibility, the expert should be completely objective.
Examples:
In addition to the medical professionals we’ve cited above, expert witness testimony might come from one of these types of specialists:
Accident reconstruction experts: These experts use their knowledge of physics, engineering, and related areas to reconstruct exactly how and why an accident occurred. Their evaluation of an accident scene can help determine who was at fault and whether negligence was the most likely cause of the injury.
>> Related Reading: How can an accident reconstruction expert witness help in a personal injury case?
Forensic experts: Their day-to-day work may not be as exciting or glamorous as it’s depicted on CSI and similar TV shows, but these experts can play an important part in analyzing physical evidence related to an injury, such as blood or tissue samples. They can also clarify a case by providing opinions on whether the injury was caused by a particular event or circumstance.
Once again, credibility is key when it comes to forensic experts. To ensure a strong case, the experts brought in to testify must be professional, with accurate knowledge of their field.
Vocational experts: Complementing the testimony of the medical professionals, these experts can help determine the impact of the injury on the victim’s ability to work and earn a living. They can assess the victim’s skills, education, and work history to determine whether — and to what extent — the injury has affected the victim’s ability to perform their job.
>> Related Reading: Everything you need to know about vocational evaluation
Economic experts: These number-crunching experts can calculate the economic damages resulting from the injury, including medical expenses, lost wages, and future earning potential. They can help the court and the jury understand the financial impact of the injury on the victim’s life.
Mental health experts: These experts also complement the work of medical professionals. Mental health professionals, including psychiatrists and psychologists, may be called to testify in cases in which the injured party experienced emotional distress or trauma.
They can provide opinions on the impact of the injury on the victim’s mental health, and whether the injury has caused anxiety, depression, or other psychological issues. This can help the judge or jury make a decision about the amount of compensation the injured party is owed.
In Summary:
Expert witnesses play a critical role in personal injury cases. Their testimony can help establish liability, prove damages, and provide credible and objective evidence to support a claim.
If you have been injured in an accident, it is important to work with an experienced personal injury lawyer who can help you identify the right expert witnesses and build a strong case.
At William D. Shapiro Law, Inc., we know exactly what it takes to win a personal injury case, and our record speaks for itself. If you’re considering a personal injury lawsuit, you’ll be in good hands with Shapiro. Feel free to contact us today!
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.