Role of Expert Witnesses in a Personal Injury Case
In personal injury claims, expert witnesses help explain complex scientific or technical issues to jurors who may not have technical backgrounds. The expert witness’s role contrasts with that of lay witnesses, who testify about what they saw or heard during the events that gave rise to the personal injury case.
How Expert Witnesses Influence the Outcome of a Case
Expert witness testimony can provide critical information to a jury or judge regarding complex matters outside an average person’s knowledge. Although experts cannot testify on issues of fact, which the jury or judge must decide, they can break down complicated technical information into a more understandable format.
Types of Expert Witnesses in Personal Injury Cases
A personal injury case may involve several categories of expert witnesses:
- Forensic experts: In this context, “forensic” refers to a wide range of scientific specialties. For example, if a case involves computer records or data (such as a truck driver’s hours-of-service logs in a truck accident case), a computer forensic expert can review the data and associated metadata to recover lost information or determine if someone has altered records.
- Medical experts: Medical records are the cornerstone of every personal injury claim. Some injuries, particularly catastrophic ones, require medical experts to discuss how the accident or incident caused the victim’s injuries. Medical experts can also testify whether those injuries will cause permanent impairment or what future medical or personal care the victim needs. Vocational experts can also explain how a victim’s injuries and resulting disabilities may affect their ability to return to work or the types of jobs they could perform.
- Accident reconstruction specialists: Many motor vehicle accident cases involve analyses by accident reconstruction experts. These specialists review crash evidence and witness statements and use scientific methods to explain what happened in an accident to a reasonable degree of scientific certainty. Accident reconstruction is also essential in other types of complex injury claims.
Selecting the Right Expert Witness
Compelling expert witness testimony can significantly strengthen your personal injury claim. Similarly, weak testimony can hurt your chance of success. Selecting the best expert witness for your claim involves consideration of various criteria, including:
- The expert’s experience: Generally, the longer an expert has worked in their field, the more weight their testimony will carry with judges and juries. You should look for an expert who specializes in the specific issues in dispute in your case.
- Whether the expert currently practices in their field: Experts who stay current on the latest developments in their fields are often more credible than those who have retired and may have stale knowledge.
- Whether the expert has published peer-reviewed articles/papers: An expert who has successfully published peer-reviewed work demonstrates that other members of their field believe they contribute to its advancement.
- How frequently the expert testifies in personal injury cases: Experts with experience testifying in personal injury claims can provide clear, persuasive testimony in language the jury understands.
Contact a Personal Injury Lawyer Today
Hiring the right expert witnesses can make a big difference in the outcome of your personal injury claim. At Wilson Law Group, LLC, we work with industry-leading experts who can help us build a compelling legal case on your behalf. Contact us today for a free consultation to learn how we can leverage our connections to your advantage.