Expert witnesses are used in personal injury cases to provide specialized knowledge of specific subject matter.
They have specialized training, education, experience, and knowledge.
Experts help jurors and judges understand things that a layperson would not be expected to know.
Who Is Considered an Expert Witness for a Personal Injury Case?
Many states enacted similar requirements for expert witnesses as those found in Rule 702 of the Federal Rules of Evidence.
For example, some states allow testimony by expert witnesses who are qualified by:
- Skill;
- Knowledge;
- Education;
- Training; OR,
- Experience.
The expert uses their specialized knowledge to help the jurors understand the evidence or decide a fact in dispute. The testimony must be based on sufficient data or facts and is the result of reliable methods and principles. The expert must reliably apply the methods and principles to the facts of the case.
How Do Lawyers Use Expert Witnesses in Personal Injury Cases?
Expert witnesses can testify during a trial. However, they might also provide written opinions regarding the relevant subject matter. Experts might also assist attorneys during the investigation of the accident or injury.
Examples of other ways attorneys use expert witnesses during a personal injury case include:
- To reconstruct how a traffic accident occurred to determine the factors that led to the crash and the parties responsible for each factor.
- Explain the medical standard of care in a medical malpractice case and how the physician’s conduct did not meet the accepted standard of care.
- Estimate the long-term costs of a permanent impairment or disabling condition.
- Explain how a consumer product is defective or dangerous and how that defect caused the person’s injury.
- Interpret the data from an event data recorder, such as a commercial truck’s black box, a cell phone, or other electronic device.
Expert witnesses provide an independent, unbiased opinion regarding a specific aspect of a personal injury case. Jurors might give more weight to the testimony from an expert witness because the person does not have a stake in the case’s outcome.
What Happens When the Other Party Hires Expert Witnesses?
The opposing party will likely hire their own expert witnesses to refute the testimony of your expert witnesses. When this occurs, the jurors decide which expert witness to believe.
For that reason, it is crucial to hire expert witnesses that are well-respected in their fields. Experienced personal injury lawyers understand how to establish the person’s expertise during the trial. They ask questions that help jurors believe they can trust what the expert says during their testimony.
What Types of Expert Witnesses Are Used in Personal Injury Cases?
There is a broad range of expert witnesses that personal injury lawyers might hire for a personal injury case. The facts and circumstances of the case determine the types of expert witnesses needed.
Examples of expert witnesses attorneys hire for personal injury cases include, but are not limited to:
- Medical specialists explain the severity of your injuries, including the medical treatments required to treat your injuries, the pain and suffering caused by injuries, and the impact your injuries have on your life.
- Financial experts help calculate the financial losses you are expected to incur in the future, such as ongoing medical treatments, long-term nursing care, and future lost wages.
- Vocational rehabilitation experts analyze how your injuries impact your ability to work.
- Accident reconstructionists can help prove how an accident occurred and how the accident caused your injuries.
- Engineering experts can help in a variety of personal injury cases, including premises liability, product liability, and automobile accident claims.
- Electronic records specialists help jurors understand large quantities of data or complex data, such as the information recovered from cell phones or electronic control units.
- Transportation safety specialists help jurors understand the safety equipment on vehicles and how that equipment could impact the cause of an accident or the severity of the victim’s injuries.
- Life care planning experts testify about how your disability impacts your quality of life, ability to care for yourself, and life expectancy.
- Trucking industry experts testify about trucking regulations, the complex workings of a commercial vehicle, and other issues specific to trucking accidents.
Whether you need expert witnesses depends on the specific issues involved in your case. We’ll discuss the specifics of your case and how an expert witness can help prove the other party caused your injuries and/or the extent of your economic and non-economic damages.
Contact Our Personal Injury Lawyers for a Free Consultation
Our legal team at Curiel & Runion Personal Injury Lawyers, uses our vast resources and skills to pursue maximum compensation for your claim. We work with some of the best experts in their fields to strengthen your case.
If you’ve been injured anywhere in Phoenix, AZ, or Albuquerque, NM, call (602) 595-5559 now or contact us online for a free case evaluation with an experienced personal injury attorney.