Sometimes it helps to have an expert on your side. This is often the case in a personal injury claim. You know you were hurt, and you remember how it happened. But that doesn’t necessarily mean that you’ll be compensated. You have to prove that the other party or parties were negligent, and it’s often difficult to do that on your own.
Bring in an expert to support you, however, and you could increase your odds of getting the compensation you deserve.
Our Virginia Beach personal injury attorneys frequently work with expert witnesses to build strong cases for our clients. But just what is an “expert witness,” and how can they help?
What Is an Expert Witness in a Personal Injury Case?
An expert witness is any person with specialized knowledge, skills, or experience that goes beyond the average person’s understanding. This person provides testimony in a personal injury case that helps clarify the complex aspects of the case. They may also provide testimony that helps confirm the defendant’s liability for your injuries.
Let’s say that you were injured because a surgeon made a mistake. Your personal injury attorney may work with a skilled medical expert to provide testimony on how the injury occurred, what the standard of care should have been during the surgery, and how the surgeon breached that standard of care.
Or perhaps you were injured in an automobile accident. Your personal injury attorney may work with an expert in accident reconstruction to provide a clear, objective account of what happened, which can help establish fault in the case.
Other types of expert witnesses may include:
- Forensic
- Psychological
- Vocational
- Engineering
- Economic
- Rehabilitation
Which experts are needed will depend on the facts of your case and what needs explaining or clarification.
Do You Always Need an Expert Witness to Go to Trial?
Though expert witnesses can contribute a lot to your case, they are not always necessary when going to trial.
For instance, if you have a clear-cut case where the liability and damages are obvious, you may not need an expert witness. Cases involving small amounts of damages where the issues are not complex may also rely strictly on direct evidence and personal testimony rather than expert opinions.
However, if your case involves complex medical issues or requires detailed explanations of injuries, treatments, or long-term effects, an expert witness will play a crucial role in the outcome. If you’re asking for substantial damages, such as lost wages or diminished earning capacity, economic experts can help explain these damages.
How Does the GDC Affidavit Method Affect Expert Witnesses?
The GDC (General District Court) affidavit method of introducing medical records can simplify the process of introducing medical records into evidence, which may reduce the need for some expert witnesses while lowering litigation costs.
The method involves using a sworn affidavit from a custodian of records or an official representative from a medical facility to authenticate and introduce medical records and bills into evidence. The affidavit confirms that the records and bills are accurate and were created in the regular course of business.
When your lawyer submits this type of sworn testimony, the need for a healthcare provider to testify in court about who created or maintained the records is eliminated. This can make the case proceed more quickly and efficiently. Expert witnesses may still be required for other aspects of your case.
Your attorney will gather all relevant medical records and bills from your healthcare providers and may also prepare the affidavit to support the authenticity and accuracy of those records. Once the affidavit is signed by the appropriate person, your attorney will file it with the court clerk.
How Can a Personal Injury Lawyer Help with Expert Witnesses?
At Shapiro, Washburn, and Sharp, we know how critical expert witnesses can be to your case. We not only help you find those with the right credentials, but we will also work with them to ensure that they effectively communicate with a jury.
We did just that in a wrongful death case, in which we worked with medical experts to show negligence on the part of the defendants. That case ended in a $2.23 verdict for our client.
Contact us today for a free initial consultation. We have offices in Virginia Beach, Hampton, Portsmouth, Norfolk, and Chesapeake.
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