Why Your Personal Injury Case Needs An Expert Witness
To get a settlement from your personal injury claim, you’ll need plenty of evidence. If your claim makes it to court, one of the best ways to establish a solid case is through the help of witnesses. But witnesses don’t necessarily need to be people who saw the incident firsthand: They can also be industry experts and they could make all the difference in the final verdict. These people are often referred to as an “expert witness”
Below, learn more about the potential benefits of bringing expert witnesses into your personal injury claim, courtesy of a Rhode Island personal injury lawyer.
What is an expert witness?
An expert witness is someone with specialized knowledge or skills who brings their insight to legal proceedings. They can help the court better understand complicated issues related to your case, especially technical or scientific ones. Their expertise can allow a judge or jury to reach more accurate verdicts. In some cases, they can also help your legal team formulate their strategy.
All states allow expert witnesses to testify in personal injury claims, and each party involved in a lawsuit can select their own witnesses.
What are the different types of expert witnesses?
There are two main types of expert witnesses commonly used in personal injury claims. They include:
- Consulting experts. These experts help your legal team better understand the facts behind the case, but they don’t testify in court. Their job is to help your personal injury lawyers navigate complicated issues related to your case so that they can build an effective legal strategy.
- Testifying experts. These experts appear in court to offer testimony related to scientific or technical aspects of the case. Their opinions help your personal injury attorney better represent your case in court and give a judge or jury a clearer picture of the facts.
Are expert witnesses only for personal injury cases that go to court?
Not necessarily. While testifying expert witnesses are only relevant if your case goes to hearings or a trial, consulting experts can inform your lawyers before litigation begins. In other words, testifying experts are those who contribute to a trial, while consulting experts are involved before court proceedings begin.
Who can testify as an expert witness?
For an expert witness to give valid testimony, they need more than just relevant credentials in their field. They should ideally meet the following additional criteria.
- They have relevant experience. Beyond simply being properly qualified, an expert should have relevant experience with the current topic. For example, a doctor with experience treating mold-related asthma if you’re seeking a settlement for mold exposure.
- Their science is sound. An expert’s theories or testimony must have scientific backing. They should also be prepared to provide studies, research, or other resources to back up their claims.
- Their testimony fits the case. While this seems like a no-brainer, statements given by an expert witness should always be pertinent to your case and fit the facts. Experts should paint a clear picture for the judge or jury, which helps your lawyer make your case look better.
The court typically determines whether an expert witness is acceptable at pre-trial hearings.
Examples of how an expert witness may be used in court
Once a court has cleared an expert witness, examples of testifying experts who might be called to a courtroom can include the following.
- Accident reconstructionist. An engineer or accident reconstruction specialist can assess evidence at an accident scene, like skid marks or vehicle damage, to help determine how a car crash occurred. Their testimony can illuminate which party’s actions played the biggest role and help determine fault.
- A general practitioner or specialist can explain how a person’s injuries occurred and how the accident likely caused them. They can also discuss the injury’s severity, treatments, or long-term effects, which may come into play when awarding a settlement.
- Mental health expert. Therapists, psychologists, or other mental health professionals can explain the mental effects that a victim might suffer after an accident, like post-traumatic stress disorder or depression.
- Economic experts. Economists or financial experts may explain the overall financial impact of your injuries, especially if you’re unable to return to work. They can discuss realistic medical costs, lost wages and earnings capacity, and property damage costs.
- Vocational experts. These experts may be called to testify about whether a person’s injuries impact their ability to return to work. They may also offer insight into how long it might take someone with their skills and expertise to regain work or financial independence.
- Maintenance technicians. A qualified mechanic or maintenance technician might be able to comment about damage done to a vehicle from a crash. Their testimony could help validate your version of events or verify the extent of your motor vehicle property damage.
Are expert witnesses paid?
Yes. Usually, each side’s legal counsel will offer a fee for the initial consultation and for the expert witness testimony. Your personal injury lawyer will typically handle the process of finding an expert, and their payment will be one of your legal fees.
Where to find a Rhode Island Personal Injury Lawyer
If you need a strong legal team who can stand up for you in court, Petrarca Law is here for you.
We’ll help you build the strongest possible case and gather all the evidence you’ll need, including medical records, accident reports, financial records, and even recruiting experts, if necessary. We can aggressively negotiate on your behalf in out-of-court meetings, or fight for your rights in a trial. It’s our top priority to get you the full settlement you’re entitled to under the law, so you can rebuild your life.
Contact our offices today for a free consultation.