If you have been hurt in an unexpected accident, you might need to file a personal injury claim. If someone else’s negligence caused your injuries, they could be required to pay your financial costs due to the accident. In a personal injury claim, expert witness testimony is often used to advance the plaintiff’s case and obtain financial compensation.
An expert witness is a professional in their field who can be called on to use his or her professional experience to explain how an accident happened, the effects of your injuries, and other aspects of your case. Expert witnesses can also be used to prove negligence and establish the amount of damages that should be awarded.
Here, we’ll discuss expert witnesses and the roles they play in personal injury claims.
What is an Expert Witness?
An expert witness is a highly educated and trained professional in their field. Expert witnesses can be trusted to provide testimony that is reliable by others in their occupation and – most importantly – in a court of law. Experts will have a blend of skill, knowledge, and experience that sets them apart from others in their line of work. Often, they will have published writings, awards, and other signs of recognition in their area.
In a personal injury case, expert witnesses can be called upon by plaintiffs and defendants alike to provide reports or testimony that explains the argument being made. Expert testimony can help juries understand the evidence or theories being discussed in the case. Whether a witness is considered an “expert” depends on certain factors such as:
- Academic credentials
- Years of experience in their field
- Awards, publications, and other achievements
- Previous experience testifying in court trials
- Overall reputation.
In a personal injury case, witnesses are classified into two types, generally: lay witnesses and expert witnesses. Lay witnesses – such as eyewitnesses to a car accident – can testify about their personal observations but not about complex topics. For example, a lay witness can testify that they saw a car run a red light and hit another vehicle. However, a lay witness is not qualified to estimate the stopping distance of a particular vehicle traveling at 50 mph or explain whether a doctor’s actions fell within the standards of the medical community.
Expert witnesses are relied upon, instead, to testify about complicated issues in great detail. Expert witnesses can provide unbiased testimony based on their experience and research in a given area. As opposed to family and friends of a party to the case, expert witnesses can be seen as more objective and honest in some cases. Experts are also skilled at explaining highly complex issues in ways that juries can understand.
Different Types of Expert Witnesses in a Personal Injury Case
Depending on the accident involved in a personal injury case, professionals from many different fields can be called upon in personal injury cases. Some common experts can include:
- Medical professionals: Healthcare providers such as doctors, surgeons, medical technicians, and others in the medical field can review a plaintiff’s injuries and testify about the injuries and their treatment. Independent medical experts can testify about how an injury can impact someone in the short and long term and their ability to return to work in the future.
- Economic experts: Professionals with financial expertise can report how your injuries could impact your future earning potential based on your career experience. Economic experts can also testify about long-term medical costs and other financial consequences of your injuries.
- Vocational rehabilitation experts: These experts can testify about the work you did before the accident and any factors that will affect your ability to perform different types of work. When reduced future earning capacity is an issue, vocational rehabilitation experts can help.
- Traffic safety experts: Vehicle accidents can be incredibly complicated. Highway and traffic safety experts, including engineers, can testify about road and highway conditions involved in an accident. Some may have special expertise in truck accidents or impaired driver accidents. Accident reconstruction experts can also testify about how an accident happened according to the scientific facts involved.
- Mental health experts: Emotional distress, pain and suffering, PTSD, and other mental impacts of an accident are common in personal injury claims. A mental health expert can talk about the accident’s mental health effects based on their clinical experience. “Non-economic” damages such as pain and suffering play large roles in personal injury claims, and mental health experts can explain why you deserve compensation for damage to your mental health.
After a serious accident, your claim does not need to be your word against somebody else’s. Expert witnesses can help explain what happened, why it happened, and why you deserve the financial compensation you are entitled to.
Contact a Nashville, TN, Personal Injury Lawyer for a Free Consultation
If you’ve been injured in an accident and are pursuing a personal injury claim, expert witnesses may be key to strengthening your case. At Labrum Law Firm Personal Injury Lawyers, our experienced Nashville personal injury lawyers are here to guide you through every step of the legal process. We’ll hire the right expert witnesses to support your claim, ensuring you have the evidence needed to secure the compensation you deserve. If you think you might have a claim, contact us at (615) 338-9500 to schedule a free initial consultation with an experienced Nashville personal injury lawyer.
