In the process of making a personal injury claim, the evidence and substantive testimony are critical to the case. However, some evidence, such as medical injuries or accidents, is more intricate and requires the assessment of an authority figure. Expert witnesses are often indispensable in such scenarios. Their value in the case is helpful for Tacoma Personal Injury Lawyers in obvious as the presence of expert witnesses can determine the success of the case. This additional testimony is especially critical as expert testimony can determine the success or failure of a claim. In this article, we will outline the relevant expert witnesses to the personal injury cases, their relevance in the cause, and their input in making a case.
Who is an Expert Witness?
An expert witness is defined as a person that has proper knowledge, relevant training or proper exposure to the opportunities in the field of particular case of a lawsuit. Such witnesses are expert witnesses because they are capable of offering opinions and making conclusions based on facts and evidence which is presented in a given case. Expert witnesses are sought out to: explain an intricate or technical piece of information, express a professional opinion concerning injury causation, project future medical costs or potential diminution of earnings, analyze an accident to assign liability.
Types of Expert Witnesses in Personal Injury Cases
Based on the specifics of your personal injury claim, a number of different types of expert witnesses may be brought in. Some of the more common are listed below:
1. Medical Experts
Medical experts are often used for the injuries a defendant has, to explain their nature, the recovery period, the chronic health complications in the future, and whether the treatments provided were reasonable or necessary. They play an important role in the jury with the medical terms and their significance.
2. Accident Reconstruction Experts
For motor vehicle collision cases, an accident reconstructionist examines the scene, the vehicle damage, and skid marks and other evidence to determine the manner in which the accident occurred and assess liability.
3. Economic Experts
These experts estimate the overall financial burden inflicted by the injury, the medical expenses for the treatment, the income the victim was earning, the income the victim can earn in the future, and other associated costs.
4. Vocational Experts
Vocational experts study the impact of injuries on the working capabilities of a victim. They study skill set, physical and health limitations, the availability of work or jobs, and the probabilities of work in the foreseeable future.
5. Specialists in Mental Health Issues
For personal injuries that involve emotional trauma (e.g., PTSD or depression), a mental health professional is qualified to assess the emotional scars and testify to the effects of the trauma on quotidian life.
How Witness Specialists Assist in Personal Injury Claims
Witness specialists in personal injury cases have various important roles as described below:
- ✔ Establishing Liability — Testimony by an expert can establish that the defendant’s acts or omissions contributed to the injury. A Tacoma WA car accident attorney may retain the services of an accident reconstruction specialist to establish that the other driver was speeding or did not brake adequately.
- ✔ Proving Damages — Claiming for compensation, especially when more than one party is involved, is not straightforward as one would have to prove the damages incurred. Medical and financial specialists can corroborate these damages.
- ✔ Strengthening Credibility — A qualified expert is a reliable source of evidence and can support the presented testimony, which is useful in enhancing the presumption of the case. The judge or jury is more willing to accept expert testimony provided by a neutral party than by one of the parties to the dispute.
- ✔ Simplifying Complicated Issues — In a court of law, various proceedings come with specialized terminologies and technical aspects. An expert witness is tasked with providing simple, precise definitions of complicated concepts and terminologies to the judge and jury.
When Is an Expert Witness Necessary?
Injury cases do not all need expert witnesses. For example, in a fender bender that results in minor bruising, there is clear liability and therefore no need for an expert. In contrast, an expert is often needed for: severe injuries, such as brain and spinal injuries; liability disputes in motor vehicle collisions; medical malpractice; unexplainable slip and fall incidents; injuries at work with safety enforcement breaches. In case of any doubts regarding the need for an expert, a lawyer can provide assistance. A personal injury attorney Tacoma will evaluate the case and will engage experts only when there is a substantial likelihood that their input will help strengthen the claim.
Criteria for Competent Expert Witness
Not all experts qualify for their title. For example, a court might evaluate an expert’s credibility based on: survey, academic and work certificates, professional history relevant to the case, known history regarding courtroom attendance, influence on the profession, judicial detachment and personal impartiality. An attorney who understands these issues will evaluate the witnesses and will ensure that such experts do not fall victim to opposing counsel.
The Role of Expert Witnesses During Trial
The courtroom procedure allows each party to call expert witnesses to validate their statements. Such witnesses are capable of: drafting reports, providing pretrial depositions, testifying during the trial’s direct and cross-examination phases, assisting counsel in formulating strategies and preparing arguments. Experts must not only possess a high level of knowledge in the field and know how to explain key terms to judges and jurors in relatable terms.
Cost Considerations of Expert Witnesses
Regarding these considered professionals, it must be said they are not only useful, but they also require a hefty price. Their expenses may consist of: booking their flight and accommodation (when applicable), paying them per hour for their consultations, reviewing different documents and pieces of evidence, testifying in the courtroom. Fortunately, most personal injury attorneys do not charge their clients upfront for their services. Instead, they pay these costs and recuperate them from a settlement or verdict later.
Personal injury attorneys Tacoma or any other expert in Washington can make a big difference in terms of recovery. Consulting a Car Accident Lawyer In Tacoma, WA, is a smart decision when you’ve suffered injuries from a car accident, slip and fall accident, or any other incident owing to someone else’s negligence. A competent lawyer is knowledgeable on when and how to use expert witnesses and other resources to contest for the compensation you need.