When it comes to determining a verdict and settlement amount in a Personal Injury Lawsuit,
Expert Witnesses can play a key role.
So what is an Expert Witness?
"An Expert Witness is someone who has been asked and allowed to testify at trial due to having expertise in a certain field that is relevant to the circumstances of the case".
It is important to understand that expert witnesses play a much different role than regular witnesses. A regular witness is someone who was present at the time of the accident and can provide details of what they saw occur.
The expert witness did not see the accident itself but has a high level of proficiency relating to a disputed detail of the accident.
Many different types of personal injury lawsuits will call upon many various types of expert witnesses, and they can be used by either the plaintiff or the defendant.
Depending on the details and type of accident the case is dealing with determines what type of experts may be used.
Common Types of Expert Witnesses
Some of the common types of expert witnesses used in personal injury lawsuits include:
There are a variety of medical professionals that are called upon to testify in personal injury lawsuits.
Medical professionals are used so frequently because of their expertise related to injuries and treatments for injuries.
A Medical Professional used as an expert witness can provide testimony stating the extent of the victim's injury, whether it was caused by the accident or pre-existing, how long the recovery process could take, and many other important points.
Some of the different types of medical professionals that are called upon in personal injury cases are:
- Medical Examiner
- Orthopedic Surgeon
- Pain Management Specialist
- Rehabilitation Specialist
Accident Reconstruction Specialists
Accident Reconstruction Specialists play a vital role in proving liability and negligence in a variety of Personal Injury Accidents.
These specialists investigate the accident and give an expert analysis on what they believe/what their evidence suggests happened during the accident.
Some of the different aspects of an accident that a reconstruction specialist will testify to are:
- Vehicle Safety
This testimony is used to show the judge and jury that the defendant did make an error and was liable for the accident.
Maintenance Specialists are usually used in cases involving large Tractor-Trailer Truck accidents.
A Maintenance Specialist can provide the court with a detailed report explaining the condition of the vehicle at the time of the accident.
This report will be able to show whether or not the trucking company was in complience and up to all maintenance codes at the time of the accident.
If the report shows that the trucking company was not up to code, they can be found negligent and are responsible for paying damages to the victim.
Phone Records Specialists
Phone record Specialists are often used in car or truck accident cases.
Phone Records professionals can gain access to the drivers involved in the accident's phone records, and show whether either party was using their phone at the time of the accident.
If phone records indicate that either driver was talking on their phone or sending a text at the time of the accident, they can be held liable for the accident and be responsible for paying the victim for their losses.
Forensic Toxicologists are used as expert witnesses in a variety of personal injury accidents. Usually, Toxicology experts are called upon when there is a case that involves medical malpractice, wrongful death, poisoning or driving under the influence.
Forensic Toxicologists use their expertise to show whether or not the parties relevant to the case have any substances in their system that constributed to the situation.
If they testify that this was the case, it can lead to determining fault and leading to a larger settlement amount for the victim.
Life Care Planner
Life Care Planners are used in Personal Injury cases to show the court what life is going to be like for the victim after the injuries they suffered as a result of the accident.
Some of the factors that Life Care Planners use to determine what the future losses will be the victim of the accident are a loss of future income, disability management, and future medical care expenses.
A Vocational Specialist is an expert that is used to testify to how the victim's job performance will be affected in the future by their injuries.
They provide the court with information regarding what types of work the victim was performing before the accident, and to what capacity they will be able to perform those same duties in the future.
Vocational Specialists also provide evidence regarding how the victim's future income will be effected, which can be used to add to the settlement amount that they are fairly owed.
Expert Witnesses play a vital role in personal injury cases because they can provide testimony that can be used to determine whether or not the defendant was at fault, how much at-fault they were, and how much compensation is owed to the victim.
Depending on the type of personal injury lawsuit, different types of expert witnesses may be called in to testify for either the plaintiff or the defendant.
If you have been in a personal injury accident, it is important for you to reach out to an experienced attorney.
At the Roth Firm, our attorneys have helped PI accident victims recover financial losses for many years. To speak with one of our experienced Attorney's, click on the link below.