The Role of Expert Witnesses in Personal Injury Lawsuits
If you were harmed in an accident caused by someone else’s negligence, you may be able to file a claim against that party for financial compensation. For your claim to be successful, you will need to present strong evidence showing the other party was at fault.
Evidence often includes photos, video footage, medical records, and police reports. In some personal injury cases, expert witnesses play an important role in substantiating claims, clarifying complex issues, and helping the court understand the nuances of a case.
In this article, we will discuss various types of expert witnesses. We will also consider how their testimony can influence the outcome of a personal injury claim.
What Is an Expert Witness?
An expert witness is a professional with specialized knowledge, training, or experience in a specific field relevant to the case.
Expert witnesses differ from eyewitnesses. An eyewitness testifies about events he or she has personally observed, whereas expert witnesses provide information and perspective to help the court understand complex evidence.
An individual must meet certain standards to qualify as an “expert” in a particular field. Typically, the judge in a case decides whether a witness qualifies as an expert.
Factors that may be taken into consideration include:
- Years of experience with the subject matter
- Credentials, such as training and education certificates
- Actual work or practice with the area of expertise
- Published study and research
Types of Expert Witnesses Commonly Used in Personal Injury Cases
The type of expert witness an attorney hires for a personal injury case depends on the situation.
The following are some of the most common types of expert witnesses utilized in personal injury cases.
Medical experts
Medical experts are some of the most frequently called witnesses in personal injury lawsuits. They provide insight into the nature and extent of injuries sustained by the plaintiff. They discuss the potential long-term consequences.
Medical professionals called to testify in personal injury cases may include:
- Treating physicians: These are doctors who have personally treated the injured party; doctors of the injured victim can testify about his or her medical treatments, history, and prognosis
- Medical specialists: Neurologists, surgeons, or physical therapists may be asked to explain specific injuries or necessary treatments
- Rehabilitation experts: These professionals assess the plaintiff’s recovery process and give opinions on the likelihood of returning to pre-injury health or activity levels
Accident reconstruction experts
In cases involving motor vehicle accidents or other complex scenarios, accident reconstruction experts analyze evidence to determine how the incident occurred.
Accident reconstructionists recreate events leading to the injury by using:
- Computer simulations
- Physical evidence
- Engineering principles
Their testimony can clarify issues like fault, vehicle speeds, or environmental factors contributing to the accident.
Economic experts
Economic experts help quantify the financial losses resulting from the injury. They evaluate factors such as:
- Lost wages or earning capacity
- Medical expenses
- Costs for long-term care
- Pain and suffering damages
These types of experts are particularly helpful in cases involving severe or permanent injuries that impact the plaintiff’s ability to work.
Vocational rehabilitation specialists
Vocational experts assess the injured party’s ability to return to work or find alternative employment. Such experts analyze the plaintiff’s education, work history, and skill set in relation to his or her injuries to determine how those injuries impact the person’s earning potential.
Engineering and safety experts
In 2023, work-related medically consulted injuries totaled over 4 million. Engineering and safety experts are especially helpful in cases involving workplace accidents. They are also commonly consulted in claims with defective products or unsafe property conditions.
These experts evaluate the design, construction, or safety standards of the product or property. They then determine whether negligence or defects contributed to the plaintiff’s injury.
Mental health experts
Emotional or psychological trauma is, at times, part of a personal injury claim. In these cases, mental health professionals like psychologists or psychiatrists may provide testimony.
Mental health experts can:
- Assess the plaintiff’s mental state
- Diagnose conditions such as post-traumatic stress disorder (PTSD)
- Explain how the incident has affected the person’s emotional well-being
Forensic toxicology experts
In cases involving alcohol or drug impairment, forensic toxicologists analyze blood or chemical evidence to determine the presence and effects of substances. Their findings can establish whether a defendant was under the influence during the incident.
Life care planners
In cases involving catastrophic injuries, life care planners develop plans for your long-term care needs. Their analysis includes lifetime:
- Medical treatments
- Assistive devices
- Costs of in-home or facility care
How Expert Witnesses Contribute to Personal Injury Cases
Expert witnesses can be invaluable during an accident investigation. They offer opinions about the facts and circumstances that led to a plaintiff’s injury.
Let’s consider some ways in which expert witnesses can help your personal injury case be successful.
Establishing liability
Proving liability in personal injury cases is essential. Expert witnesses can analyze evidence to determine how an accident occurred and who is at fault.
As an example, accident reconstructionists use scientific principles to recreate the sequence of events in a car accident. They use this information to show how negligence may have played a role.
Engineering experts can testify about technical issues that cause harm. This could include things like defective products or unsafe premises.
Proving causation
To recover compensation, you need to show the other party’s actions directly caused your injuries. Expert witnesses can provide testimony connecting your injuries to the accident.
Consider some examples:
- A medical expert could explain how trauma from a car accident led to a spinal cord injury
- A toxicologist might testify about how exposure to hazardous chemicals causes health implications
- An engineer could explain how a poorly maintained staircase violated building codes and caused the victim to fall
- A psychologist could testify that a plaintiff developed PTSD as a direct result of a catastrophic truck accident
Quantifying damages
Determining the financial impact of a personal injury is another area where expert witnesses come in. They can help quantify damages related to medical expenses, lost wages, and long-term care needs.
For example, vocational experts can assess how injuries have affected your ability to work and earn income.
Strengthening credibility
The opinions of qualified experts can lend credibility to your case. Juries often rely on expert testimony to make informed decisions. This is especially true in cases involving technical evidence.
A well-respected expert can make complex concepts understandable to jurors.
How to Choose the Right Expert Witness
Selecting the right expert witness can make a big difference in the success of your case. Your personal injury lawyer can recommend trusted professionals and help review potential witnesses. Your lawyer will ensure the expert witness’s testimony matches your legal strategy.
Your lawyer will consider:
- Qualifications: An effective expert witness will have proper credentials and a strong reputation in his or her field.
- Communication skills: The ability to explain complex things in a clear way is vital. Your lawyer may request a sample report to check the expert’s presentation skills.
- Cost: It can be expensive to hire expert witnesses in personal injury cases. Your lawyer will make sure the experts fit your budget.
- Impartiality: A good expert provides unbiased opinions based on evidence. Juries don’t trust expert witnesses who don’t appear neutral.
- Availability: Your lawyer will make sure the expert witness is available for important dates. This includes depositions and court proceedings.
- Credibility under cross-examination: Opposing counsel may try to discredit the witness during the cross-examination. The expert witness needs to remain calm under pressure.
Schedule a Free Consultation With a Personal Injury Lawyer Today
Were you or a loved one injured in an accident caused by someone else’s negligence? If so, you don’t have to go through this difficult time alone. The experienced legal team at Harker Injury Law is here to help.
Our personal injury lawyers will take care of every aspect of your case. This includes hiring expert witnesses as needed. We know that in some situations, the testimony of an expert witness can mean the difference between winning and losing your case.
Contact us today for a free consultation. A representative will reach out to you shortly to schedule an appointment.
