Expert witnesses can help support your personal injury claim in many ways
Following a personal injury, it may seem very clear to you that you deserve compensation. However, the party you expect to provide this compensation may not agree, especially if the bare facts of the matter do not clearly show who caused the injury and exactly how much compensation you deserve. Fortunately, the testimony of expert witnesses can be used to help establish these two points.
What is an Expert Witness?
According to the Federal Rules of Evidence, an expert witness is someone with “scientific, technical, or other specialized knowledge” that could help the judge or jury understand the evidence in a case. An expert witness should only be used to provide information, facts, and opinions that are not common knowledge.
What Kinds of Issues Can Experts Help With?
Expert witnesses can be used to help illuminate any of the disputed issues that come up in personal injury cases. This includes:
Liability: An expert witness such as an accident reconstructionist may be called on to help determine liability in a car accident, bus accident, motorcycle accident, or bicycle accident case. The expert can interpret evidence from the scene of the accident to recreate the events that led up to the accident and give their expert opinion on who caused the accident and therefore who is liable.
Severity of Injuries: In cases where the plaintiff has suffered a serious injury, a medical expert may be called upon to make sure the judge or jury understands the full implications of that injury. For example, in the case of a traumatic brain injury, an expert witness might be asked to evaluate the severity of the damages and explain the limitations that the victim now faces in their life.
Value of Damages: Expert witnesses can also be useful for helping to establish how much compensation a plaintiff deserves. For example, in the case of a spinal cord injury resulting in a need for lifelong nursing care, an expert can help estimate the future cost of this care. Medical experts can also help establish the need for compensation for pain and suffering.
How Are Experts Evaluated?
Expert witnesses aren’t required to have any specific credentials. However, the more relevant expertise that can be demonstrated, the stronger their testimony will be. Personal injury attorneys will consider the expert’s education, degrees and certifications, professional experience, witness experience, reputation, and general knowledge when choosing expert witnesses for their cases.
It is important for expert witnesses to be credible, because the defense can challenge them. For example, one way to challenge is with a Daubert Challenge. During the challenge hearing, the expert will be required to review the facts of the case, apply a valid method of analysis, and explain how they arrived at their expert opinion. The judge will then make a preliminary assessment of the testimony’s scientific validity and relevance.
Need Help with a Personal Injury Case?
Depending on the complexity of the issues in your case, you may or may not need to involve an expert. You can rely on the experienced attorneys at The Law Offices of Larry H. Parker to carefully evaluate your case and then build the strongest possible argument for you to receive full and fair compensation for your injuries and suffering. To learn more about working with us, call 800-333-0000 now for a free consultation.