The Role of Expert Witnesses in Personal Injury Trials
- Personal Injury
The outcome of personal injury trials often hinges on the answer to a single question:
What really happened?
While personal injury victims can help answer that question, juries need more than a compelling testimony to determine who is at fault. This is where expert witnesses in court become integral.
Why Expert Witness Testimony Matters
Imagine being asked by the court to recount the details of an accident in which a negligent driver injured you. While your account might be emotionally compelling and even convincing to a jury, unfortunately, your testimony is limited by:
- Partiality: As the personal injury victim, you have a stake in the outcome of the case, which makes it difficult to be impartial.
- Lack of technical expertise: You may be able to provide a compelling account of the accident; however, you are likely unqualified to reconstruct the technicalities of it.
- Lack of medical expertise: Only a medical professional can assess and validate your immediate and long-term care needs.
- Memory limitations: With time, your memory of the incident may fade.
- Lack of perspective: You can only testify about what you personally saw—not the full scope of the accident.
This is where an experienced personal injury attorney and an expert witness in a trial come into play.
How Expert Witnesses in Court Establish Cause
The ways expert witnesses establish cause vary with the case.
For example, an accident reconstruction expert might fill in the technical gaps in your testimony by:
- Establishing cause, analyzing surveillance footage, skid marks, vehicle damage, and vehicle positions to determine how the accident happened and who was at fault
- Validating your testimony (or refuting opposing testimony) with physical evidence
- Creating visual aids to help reconstruct the car accident in a way juries can understand and appreciate
- Calculating damages to establish vehicle value and repair costs
An expert witness testimony from a medical professional can:
- Provide a detailed analysis of your immediate and long-term needs
- Offer a recovery timeline and projected health outcomes
- Calculate costs associated with medical care and legitimize your insurance claim
- Legitimize “invisible injuries”—post-traumatic stress disorders and chronic pain that may be very real yet undetectable by X-rays and other tests
In personal injury cases, expert witnesses often bridge the gap between victim testimony and technical evidence, strengthening the overall case.
Types of Expert Witness Services
Different personal injury cases require different expert witnesses. Here are a few common examples:
- Medical experts like doctors, nurses, and physical therapists who can detail injuries and recovery plans
- Mental health professionals who may validate psychological trauma and other mental health issues resulting from the injury
- Financial experts who can calculate lost wages and diminished earning potential
- Technical experts who can reconstruct the events leading up to an accident and establish how the injuries occurred
Need Expert Witnesses for Your Personal Injury Case?
Have you been injured due to someone else's negligent behavior and need expert witness services? In addition to helping you gather evidence to build a compelling case, we work with a network of trusted expert witnesses who will strengthen your claim. With over 30 years of personal injury experience, we know what it takes to maximize your personal injury settlement. Contact us today !