Criminal and civil cases involve disputes between plaintiffs and defendants. During civil legal proceedings, which could occur behind closed doors with an arbitrator, in a mediation process, as a deposition, or in a full trial, both sides present evidence to support their arguments.
Many forms of evidence can support your civil case, whether it involves personal injury, workers’ compensation, a car accident, medical malpractice, or product liability. One of the most substantial types of evidence is a witness. This person can testify to support your claim. There are two primary types of witnesses used during legal proceedings.
What is a Professional Witness?
A professional witness has specialized knowledge or experience that gives them insight into your specific case. Using this knowledge, they can provide testimony that supports your side of the argument.
Their testimony is based on their particular expertise or practical experience in a field related to the circumstances of the case.
For example, a doctor may be called to testify in a medical malpractice case to state the standard medical procedures for a specific process. This may reveal that the defendant failed to uphold particular standards of care when the victim was injured.
Distinguishing Professional Witnesses from Fact Witnesses
It is essential to distinguish between a professional witness and a fact witness. A professional or expert witness knows a relevant field related to the case. This could include medical professionals, accident reconstruction specialists, or mental health professionals. Professional and expert witnesses do not have a specific connection to the event.
A person who witnesses the event or has information regarding how it occurred is a fact witness. While an expert’s testimony carries significant weight in a courtroom or deposition, a fact witness significantly impacts a case’s outcome because they witnessed the event. They testify about what they observed, while expert testimony focuses on their expert opinion.
Importance in Personal Injury Cases
Expert witnesses play essential roles in personal injury cases. Their specialized knowledge gives them valuable insight into a subject that could affect the outcome of a claim. If the plaintiff can use expert testimony to support their case, it will increase their chances of claiming total compensation for their legal damages.
Depending on how they testify, an effective expert witness could sway the opinion of a judge one way or the other. Securing expert witness testimony to support your claim is crucial to win your case.
Types of Professional Witnesses
Expert witnesses with specialized knowledge may have various areas of expertise. Depending on the circumstances of the incident, their subject matter knowledge could help or harm your claim. Here are some examples of expert witnesses that may be useful in personal injury claims.
Medical Professionals
Medical professionals are often consulted to provide expert testimony in civil cases. A doctor or nurse could testify about the nature of your injury, the cause of it, and future medical needs based on the damage.
For example, let’s say you were involved in a car accident, and your leg was crushed. A doctor could speak to the level of therapy needed to heal and restore full use to the leg. The expert’s testimony would describe the future medical costs for the victim, which can be included in the pursuit of compensation.
Accident Reconstruction Specialists
An accident reconstruction specialist is one of the most important expert witnesses in a car accident case. This expert’s opinion is based on their knowledge of car accidents, how they occur, and what factors cause them.
A reconstruction specialist can look at the police report summarizing the investigation, images from the accident scene, and witness statements to create a narrative surrounding the crash. This narrative could support your claim that another driver was responsible for causing the accident and, therefore, your injuries.
Engineers and Technical Experts
Engineers or technical experts may be called upon to provide testimony if a case involves technical aspects, such as product defects or structural failures. These experts could help determine why a technical issue caused the incident that led to the victim’s injuries.
For example, if scaffolding at a construction site collapses and injures a worker, an engineer could testify about the specific type of scaffolding and what product defect may have caused the collapse. This might implicate the manufacturer as the liable party instead of other construction workers at the site.
Economists and Vocational Experts
An economist or vocational expert testifying could dramatically improve your case. An economist could calculate the lost wages and earning capacity after you have been injured.
A vocational expert would have an opinion on your future employability that could affect the outcome of your case and potential compensation. These individuals will provide opinions that can prove your legal damages.
Mental Health Professionals
Assessing non-economic damages often requires specialized knowledge. If you suffered from emotional distress or psychological damages because of your injury, a mental health professional would be the perfect expert witness to support your claim. A psychologist or psychiatrist can support your claim to increase compensation.
Selecting and Working with a Professional Witness
An expert witness may be the difference between winning your case and walking away with nothing. Their knowledge of a particular field can support your arguments about how the incident occurred and its impact on your life. Here are a few tips to strengthen your personal injury claim with an expert’s opinions.
Finding Qualified Experts
There are numerous ways to find qualified expert witnesses. First, you can search national lists for an established expert witness. If you know a professional in your network, you can rely on them to support your claim with their subject matter knowledge.
You should research the credentials and accomplishments of the expert to ensure a mediator or trial judge would trust their testimony. If they are part of the scientific community, consider a peer review process to determine if they have the credentials to be considered reliable.
The Role of the Attorney
The most effective way to find qualified experts is to hire an attorney for your personal injury case. Lawyers know how to effectively cross-examine the defendant’s witnesses and identify other experts who could support your side of the case.
Many personal injury firms also retain experts to handle specific cases, so if you choose a law firm specializing in a particular field of personal injury law, chances are they will have access to professionals with relevant expertise.
Preparing for Testimony
Preparing an expert witness for their testimony, whether in front of a mediator, arbitrator, judge, or jury, is essential. A thorough testimony preparation process should include reviewing evidence, conducting interviews, and preparing official reports to supplement the expert’s words during the testifying stage.
Expert Witness Testimony in Court
If your case involves a court procedure, there are additional considerations when choosing expert witnesses. You must ensure they are prepared for your legal case with the help of your attorney. Here are some tips to know when you plan to use an expert witness during the trial.
Admissibility of Expert Testimony
They must meet the admissibility standards to adhere to the court’s rules as an expert witness. First, experts’ qualifications must meet the standards of the court. Second, their testimony must be based on reliable principles and methods for their field. Third, the testimony must be relevant to the case and help the judge or jury better understand the evidence and narrative.
Impact on Case Outcomes
The right expert witness can significantly impact the outcome of your case. While factual evidence can build the case’s narrative, this testimony could tip the scales in your favor. If the defendant is not accepting the settlement amount you want, a doctor could testify before a judge and jury that you are pursuing damages equal to future medical expenses.
Complex cases that involve disputed liability can be clarified based on the expertise of a professional in the scientific community. This is why the admissibility of expert testimonies is crucial to support your claim.
Cross-Examination
Cross-examination occurs when a lawyer challenges a witness from the opposing side. The defendant’s attorney will ask questions of your expert witness to challenge their opinion or expertise. Similarly, if other parties serve as witnesses for the defense, your lawyer will cross-examine them.
Your expert must be able to stand up to the cross-examination and answer questions truthfully to provide testimony for your case. Often, these witnesses are considered credible because they are third parties, but a savvy lawyer could undermine the testimony of an expert witness.
Benefits of Using a Professional Witness
An expert witness plays a vital role in your case. Their words can support the assertions in your claim regarding the circumstances of the incident, the injury you suffered, its impact on your life, and the amount of compensation. Here are some benefits of using a professional witness in your personal injury lawsuit.
Strengthening Your Case
An expert witness is primarily used to strengthen someone’s case. That could mean the plaintiff or the defendant. They will add credibility to your injury claim so you have a better chance of proving negligence and receiving fair compensation for legal damages suffered.
Establishing Causation
One of the most challenging aspects of a personal injury case is establishing causation between the defendant’s actions and the plaintiff’s injuries. You must prove that the at-fault party’s negligence caused your injuries, but there may not be sufficient facts to do so.
However, if you draw knowledge from an expert in a related field, their testimony could support the causal link between the defendant’s negligence and your suffering.
Calculating Damages
Compensation is determined by the economic and non-economic damages suffered by the victim. This can include lost wages, medical bills, future medical expenses, emotional distress, physical pain, and loss of enjoyment of life. Some of these damages are harder to prove than others, so an expert witness could ensure all relevant losses are considered in the settlement.
For example, the testimony of a psychiatrist could demonstrate the extent of the emotional suffering you have experienced from the injuries.
Persuading the Jury
If your case ends up in a civil court, you must convince the jury that your claim is valid. A compelling expert witness with impressive credentials will be seen as a valuable source of information. Therefore, their testimony could shift the jury’s opinion of the case in your favor, resulting in a positive outcome.
Secure Expert Legal Representation!
The opinions of expert witnesses are an essential element in personal injury law. We know what it takes to win a fair settlement for an injured victim at Rosenfeld Injury Lawyers. If you have questions about your injury case and how an expert witness could help, we offer a free consultation with an experienced lawyer so you can get the answers you need.
Call us today at 800-424-5757 or complete our contact form.