Whenever an individual sustains an injury and compensation becomes an issue, evidence will either confirm or deny a claim. Critical pieces of such evidence normally originate from expert testimony.
Experienced personal injury lawyers understand and value the critical role expert witnesses play. The top attorneys know how to select the right experts, prepare their testimony, and use their insights to build a compelling case.
It is important to know the role of expert witnesses in a personal injury claim. The sections below talk about this topic in detail.
Who is an Expert Witness?
An expert witness is a person who is knowledgeable in some particular branch of science, art, skill, profession, or trade, such as medicine, engineering, psychology, or whatever other specialty. Their job is to communicate their knowledge to the tribunal in an objective, impartial, and understandable way, throwing light upon a technicality beyond the perception of ordinary individuals.
Expert witnesses explain, interpret pieces of evidence, and testify before the court by giving their opinions to establish or demolish the arguments made by the insurance adjuster.
The Role of Expert Witnesses in Personal Injury Cases
Determining Liability
In most personal injury cases, the major challenge is determining liability. Determining why and how an accident happened may be done through the assistance of expert witnesses, like an accident investigator or forensic engineers.
They will determine who is liable, validate the credibility of eyewitness testimony, and resolve disputes regarding causation.
For instance, an engineer may testify that an individual slipped and fell due to a defect in the building.
Simplification of Medical Issues
In personal injury cases, doctors are sometimes considered witnesses. They are crucial since they help explain the type and degree of the injuries suffered by a victim. Medical records, test findings, and treatment schedules show a direct connection between the accident and the injury.
Doctors can also simplify difficult medical jargon so that jurors and judges might better understand how the injuries impact the afflicted individual’s daily life.
Estimating Damages
Experts are needed to assess all the losses to determine how much an injured person should get. Actuarial and economics professionals assess future earning potential, lost income, and ongoing medical expenses. In doing so, they ensure that the compensation accurately reflects the true financial impact of the injury.
Addressing Psychological Impact
There is the ability for mental health professionals to give essential testimony in the development of cases involving emotional or psychological trauma. The experts review the psychological effects of the damage, including anxiety, depression, and post-traumatic stress disorder. This would also be a good way to help with showing non-economic damages a plaintiff might be entitled to, such as loss of enjoyment of life or pain and suffering.
Building Credibility
Expert witnesses can add a lot of credibility to a plaintiff’s case. Both jurors and judges will often view these professionals as neutral authorities, which tends to lend greater credibility to the arguments of the plaintiff.
Conversely, a case might be weakened in the absence of expert witnesses, especially when experts for the defense come on board to challenge the claims of the plaintiff.
Conclusion
Qualified expert witnesses can make the difference between receiving fair compensation and facing an unsuccessful claim. Their involvement highlights the importance of thorough preparation and strategic litigation in personal injury cases.