What is the Role of an Expert Witness in a Personal Injury Case?

The role of expert witnesses is key in the complex world of personal injury cases. Expert witnesses are professionals who can lend an abundance of specialized technical knowledge to a case, which aids in the search for maximum compensation and justice for victims who were injured due to someone else’s negligence.

At Shapiro, Washburn & Sharp, our experienced Hampton personal injury lawyers know that personal injury cases are often overwhelming. From facing mounting medical bills and other expenses related to your accident to dealing with the insurance adjuster, pursuing justice is a complicated process, and electing a suitable expert witness can have a major effect on the outcome of your case. Since we opened our doors in 1985, our firm has painstakingly selected highly qualified professionals in their fields who can communicate their findings in a courtroom setting and depositions equally effectively. We endeavor to make sure their testimony is convincing, clear, and related to the main legal issues of your case to ensure that you have the strongest chance possible with an insurance company or jury. Call us today to schedule your free consultation.

In the meantime, keep reading to learn what an expert witness is and how they can be significant to your personal injury case.

What Is an Expert Witness?

Expert witnesses are professionals with specialized experience, skill, and knowledge that extend far beyond a typical person’s. Their proficiency lets them give a well-informed opinion on certain aspects of cases, which can be instrumental in helping members of the jury comprehend and digest complicated issues of how the accident led to the injury, as well as the losses and damages the plaintiff has experienced. In most cases, the caliber and credentials of the selected witness bear a heavy influence on the results of a case.

Are There Different Kinds of Expert Witnesses?

Yes, in fact, depending on the specific facts of a case, multiple kinds of expert witnesses could be called upon. Some of the more common expert witnesses include:

Medical

Medical experts are the most commonly used expert witnesses in personal injury cases. They have years of experience practicing medicine as well as first-hand, in-depth knowledge of the victim’s injuries and medical treatment.  Physicians can offer insight into the source and degree of injuries, the victim’s prognosis, and any possible long-term or permanent impacts on their lives. An ideal medical expert will be able to illustrate the medical treatment in a way that is easily understood by the jury and confirm the necessity and plausibility of any medical expenses.

Economic

Economic experts, generally economists, evaluate the economic consequences of the plaintiff’s injury. This evaluation includes lost earnings, lost future earnings, and the cost of current and projected medical treatments. The testimony of an economic expert can help demonstrate and explain the economic damages sustained by the plaintiff. One of the benefits of working with a well-heeled economic expert is that should the case go to trial, their methodologies are generally accepted by the court.

Vocational

When a Hampton personal injury case involves loss of wages, vocational experts can testify as to the plaintiff’s vocational capacity. Simply put, they help monetarily quantify the full or partial loss of the plaintiff’s ability to earn a living. They can establish what jobs, if any, the victim is still able to perform as well as address and highlight any limitations imposed by their injuries.

Subject Matter

Some personal injury cases demand technical know-how.  A case involving a defective product, for example, will benefit greatly from engineering testimony. Other cases, such as slip-and-fall accidents in hotels or on other commercial property, could necessitate the involvement of experts in management and company operations.

Mental Health

In personal injury cases where psychological or emotional trauma is an influential aspect, mental health experts can give testimony regarding the emotional impact of the injuries. This includes conditions such as post-traumatic stress disorder, depression, and anxiety, the source of the condition, and how it impacts the victim’s day-to-day life.

Accident Reconstruction

Using evidence from an accident scene, like skid marks, pictures, measurements, eyewitness statements, and other material evidence, these professionals review the facts of accidents. Accident reconstructionists typically use cutting-edge digital imaging methods in order to document the layout of the crash scene and form their considered opinions. They are able to adequately reconstruct the events leading up to the incident to determine how it happened and who is liable.  In motor vehicle accident cases, accident reconstruction experts can resolve unknown variables like each driver’s pre-collision speed, speed on impact, along with any changes in velocity.  Unfortunately, accident reconstruction experts do not typically testify in personal injury cases in Virginia since the state’s courts tend to be antagonistic to their testimony and deem it unreliable.

The Role of Expert Witnesses in Strengthening a Case

In a strongly prepared personal injury case, expert witnesses often play an important and varied role. A few of the primary ways in which they help are:

  • Establishing credibility: The testimony of an effective, well-chosen professional can bolster the plaintiff’s credibility. The expert opinions of qualified specialists are usually given considerable weight in court and help substantiate evidence. A well-prepared and well-chosen professional could very easily make or break your case.
  • Clarifying complicated issues: It is not uncommon for elements of a personal injury case to involve specialized or technical knowledge that the average layperson might have difficulty grasping. An expert witness can organize and dissect these intricacies, whether they are scientific or medical, and make them more understandable to the judge and jury. In most cases, testimony from an expert witness is only permitted if someone with technical knowledge is needed to explain concepts to a jury.
  • Quantifying damages: An expert witness can also prove and calculate the true extent of the plaintiff’s losses. These include medical bills, long-term expenditures, and decreased earning capacity.  Medical witnesses can focus on non-economic damages including permanent disability and pain and suffering.

Shapiro, Washburn & Sharp

Selecting the best expert witness for the case at hand can have a significant influence on its outcome. At the Hampton personal injury law firm of Shapiro, Washburn & Sharp, we carefully choose to work with professionals who are top in their fields. More than being extremely qualified, they are also capable of effectively communicating their findings in depositions and in front of a court. Our job is to ensure their testimony is compelling, straightforward, and immediately related to the main facts of the case, thereby increasing your likelihood of winning. By doing so, we were recently able to achieve a $2.23 million verdict for a patient who died due to a delayed diagnosis of hospital-born sepsis.

The significance of an expert witness’ role in a Hampton personal injury case really can’t be overstated. Their technical knowledge and ability to distill complicated information into something easily understandable are invaluable in reaching a positive outcome. If you were recently injured in a Hampton personal injury accident due to another person’s negligence, call us at (833) 997-1774 or fill out the contact form on our website to schedule a free case review. We have offices in Hampton, Virginia Beach, Norfolk, and Portsmouth.

 

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