Expert Witness
Many law firms work with expert witnesses to prove liability and damages in a personal injury claim. Not all cases will require an expert witness or consultant. However, the use of expert witnesses can be essential to building a personal injury case.
What is the Purpose of an Expert Witness?
An expert witness is not an eyewitness. The expert does not have personal knowledge of the situation or accident that led to your injuries.
Instead, an expert witness has specialized knowledge, training, education, or expertise in a specific area related to your personal injury case. Expert witnesses may assist during the investigation of your claim, or they may provide testimony at trial.
Testifying as an expert witness requires that a party establish that its witness is an expert. The court must find that the person has the qualifications to be considered an expert in a specific field.
Judges may consider a variety of facts when deciding if a witness qualifies as an expert. Factors judges consider include, but are not limited to:
- Educational background
- Specialized training and experience
- Published studies and research
- Peer-reviewed journal articles
- Professional credentials
- Reputation within the field of expertise
Expert witness testimony helps jurors and judges understand complicated subjects that are generally not common knowledge for most people.
Types of Expert Witnesses in Personal Injury Cases
There are many different types of expert witnesses used in personal injury cases. For example, an expert witness practice may include consulting on cases and testifying in court.
Expert witnesses include:
Medical Experts
Medical experts are often hired to assist injury lawyers in determining the extent of a person’s injuries and the level of impairment. A medical expert can explain the level of pain and suffering an injury might cause. They can explain the types of treatment the person received.
They are also used in medical malpractice cases to establish the standard of care for a doctor.
Accident Reconstructionist Expert
Accident reconstructionists use a variety of tools to recreate how a car accident occurred. The expert identifies the factors that contributed to the crash and the parties responsible for the accident. They may also work in slip and fall cases and other accident cases.
Manufacturing Expert
A manufacturing expert may work on product liability cases to determine how the manufacturing process contributed to the product’s defect.
Mental Health Expert
A mental health expert often testifies as to the psychological injuries caused by an accident or injury. For example, the expert may testify about the effects of PTSD (post-traumatic stress disorder) on an accident victim. They may testify how an accident or injury can result in chronic anxiety, stress, or depression and how that condition impacts the person’s ability to perform daily activities of living.
Economic Expert
If an accident results in a permanent injury or disability, the injured person may be entitled to future damages. An economic expert analyzes the factors that impact future damages and calculates the amount a victim might incur in future lost wages and ongoing medical or personal care.
Engineering Expert
An engineering expert may be used in a variety of injury cases, including product liability cases, traffic accidents, and premises liability claims. The engineer needs to have experience and knowledge related to the specific issues in the case.
What Are the Advantages of Using Expert Witnesses in Personal Injury Cases?
Expert witnesses may be helpful in many ways during a personal injury case or trial. Some of the benefits of working with expert witnesses include:
Factual and Unbiased Testimony
An expert witness does not have a stake in the outcome of the trial. The expert provides factual testimony to support your allegations against the defendant. Jurors may give greater weight to testimony from an expert witness. The expert also explains technical matters in terms that the average person can understand.
Expert Opinions
Expert witnesses are permitted to testify about their professional opinions regarding a specific matter. They may make inferences based on scientific methods. Opinions and inferences by other witnesses are generally prohibited or much more restricted.
Training and Trial Experience
Many witnesses that appear in court have never given testimony before a jury. As a result, they do not understand legal concepts or how to connect with a jury.
A trained expert witness understands the litigation process. They are professional and confident.
An expert witness understands that the opposing party will attack the expert’s testimony and opinions. Unlike a layperson, the expert witness is familiar with this process and prepared to provide compelling responses and arguments supporting the expert’s testimony.
What Types of Cases Use Expert Witnesses?
Expert witnesses can be useful for many reasons.
Expert witnesses are commonly used in the following areas:
- Forensics
- Accident reconstruction
- DNA analysis
- Fingerprint analysis
- Machine explanations
- Medical Malpractice
- Handwriting examinations
You might need an expert for a different reason. It is common for both sides to have expert witnesses that view the evidence in a case differently. When this happens, a jury will be faced with determining which expert they believe to be correct. This dilemma is known as “the battle of the experts.”
A jury may also find that neither expert is correct. Juries are instructed to view the testimony of an expert witness like other witnesses in a case.
It is important to hire the best possible expert witness for your case. An expert witness can make or break your claim.
How Does a Court Qualify an Expert Witness?
Before an expert witness can testify, they are subject to voir dire. Voir dire is a procedure where attorneys on both sides of the case can ask questions to determine the extent of an expert’s qualifications. The judge can also ask questions during this process. The expert can be questioned about their experience, research, and even how much they were paid to be there.
These questions help establish the expert’s competency to testify in a case. After voir dire, the judge will determine whether the expert is qualified to be an expert witness in the current trial. If the judge deems the individual as an expert, then the expert can testify.
Schedule a Free Consultation With Our Clearwater Personal Injury Lawyer
Our legal team works closely with many expert witnesses as we fight to get our clients the maximum compensation for their personal injury claims.
Many law firms work with expert witnesses to prove liability and damages in a personal injury claim. Not all cases will require an expert witness or consultant. However, the use of expert witnesses can be essential to building a personal injury case.
Contact our law firm at (727) 591-3354 to schedule a free consultation to discuss your case with a Clearwater personal injury attorney.
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