In criminal trials, the defense and the prosecution often call expert witnesses to offer insights. In personal injury cases, attorneys can also call expert witnesses to help support their case. While your lawyer can certainly build a strong case without outside witnesses, expert witnesses in an injury case may lend credibility to your argument. Ultimately, they may even convince a judge or jury to make a decision that benefits you. Here\u2019s a closer look at the role of expert witnesses in personal injury trials.<\/p>
\nWhen it comes to personal injury trials, having more high-quality evidence will often increase your odds of winning. Expert witness testimony is far from the only kind of evidence, but it shapes the court\u2019s understanding of your situation in a way few pieces of evidence can.<\/strong><\/p>\n<\/blockquote>\n
What Kinds of Expert Witnesses Testify in Personal Injury Trials?<\/h2>\n
Attorneys can call just about any kind of expert witness they think may help your case. However, in personal injury trials, some kinds of expert witnesses are called to the stand more often than others:<\/p>\n
Doctors and Other Medical Experts<\/h3>\n
Medical professionals will be able to make sure the jury can fully understand the impact your injuries have on your life. Some may bring animations, illustrations, or other visual aids.<\/p>\n
Injury-Specific Experts<\/h3>\n
Some types of injuries are serious and complex enough that they warrant calling an injury-specific expert witness. Traumatic brain injuries<\/a> (TBIs) are a good example. There are many levels of severity \u2014 and symptoms, treatment plans, and prognosis can vary considerably from one person to the next.<\/p>\n
Mental Health Experts<\/h3>\n
Mental health experts can explain the psychological impact of your injuries and how those effects impact your life. \u201cPain and suffering\u201d can seem abstract to juries, so hearing from an expert in the mental health field (e.g. a neuropsychologist or psychiatrist) can help them develop a deeper understanding.<\/p>\n
Accident Reconstruction Experts<\/h3>\n
Accident reconstruction experts study the aftermath of an accident to better understand how it happened. These experts may sometimes create animations of your accident based on their findings. Animations are especially helpful because they make your accident seem real to a jury.<\/p>\n
Economists and Other Financial Experts<\/h3>\n
Experts in the financial world will be able to calculate the financial impact of your injuries and provide a detailed breakdown of the damages they believe you\u2019re entitled to.<\/p>\n
Life Care Planners<\/h3>\n
If your injury will require long-term management, you may need a life care planner to help you create a long-term care plan. Your life care planner could then testify to show the court how your condition will continue to affect you.<\/p>\n
Vocational Experts<\/h3>\n
A vocational expert<\/a> is someone who has a strong working knowledge of the labor market and how your injuries will limit your ability to work. These experts commonly testify at Social Security hearings, where the courts decide whether someone is eligible for benefits or not.<\/p>\n
The team at Terry Bryant Accident & Injury Law has decades of experience building strong cases and selecting the right expert witnesses. For a free consultation, call us now at (713) 973-8888 or toll-free 1 (800) 444-5000.<\/b><\/p>\n
The Role of the Personal Injury Trial Expert Witness<\/h2>\n
The Right Witnesses Will Strengthen Your Case<\/h3>\n
Calling expert witnesses to your personal injury trial is a lot like citing reliable sources in a research paper. Your lawyer can craft a strong argument alone, but it\u2019s that much more credible if it\u2019s backed up by an expert opinion. Expert witnesses can support your case in a number of different ways:<\/p>\n
Explaining Complex Concepts<\/h3>\n
Depending on the nature of your case, it may be difficult or impossible for a judge or jury to fully understand the situation without expert testimony. Personal injury cases often involve complicated medical situations, so unless members of a jury are doctors or otherwise have considerable medical knowledge, it might be impossible for them to grasp the extent of your injuries.<\/p>\n
In this kind of lawsuit, one of your attorney\u2019s central goals is to ensure the judge and jury thoroughly understand your injuries. The right medical experts can break down medical records and imaging tests into plain language that the average person can understand.<\/p>\n
Accurately Calculating Damages<\/h3>\n
Calculating damages involves more than collecting receipts and pay stubs and adding up totals. Your lawyer must be able to explain how they calculated the damages they\u2019re asking for. In this situation, hiring an economist or other financial expert to accurately determine your total losses is a good idea. Many common situations in personal injury cases can make calculating the amount you\u2019re owed very complex:<\/p>\n
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- If you need ongoing or lifelong medical care<\/li>\n
- If your earning capacity has been permanently diminished<\/li>\n
- If there were multiple at-fault parties and you\u2019re seeking compensation from all of them<\/li>\n
- If it\u2019s currently impossible to anticipate the long-term impact of your injuries.<\/li>\n<\/ul>\n
Calculating non-economic damages<\/a> \u2014 those that cannot easily be quantified \u2014 can get even more complicated and subjective. However, experienced personal injury lawyers often have established networks of experts they can turn to for input.<\/p>\n
Explaining the Impact Your Injury Will Have on Your Ability to Work<\/h3>\n
The extent to which your injuries affect your ability to work is one of the most important facets of a personal injury lawsuit. Unfortunately, some plaintiffs exaggerate the severity of their injuries to try to get a larger settlement. A vocational expert\u2019s testimony can back up your claims and assure the court that you aren\u2019t trying to take advantage of the situation; your ability to earn income has been reduced, and you deserve to be compensated.<\/p>\n
Reconstructing and Analyzing the Scene of an Accident<\/h3>\n
Many of our clients come to us after suffering life-altering injuries in car accidents<\/a>. If an accident has been caught on video, it makes it much easier for the court to handle questions of fault. However, without footage, the at-fault party\u2019s attorneys might argue that you caused the accident.<\/p>\n
Accident reconstruction experts can be incredibly valuable for personal injury attorneys. They typically will visit the scene of the accident and examine every piece of evidence they can:<\/p>\n
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- The structure and condition of the road<\/li>\n
- Any skid marks or debris from vehicles<\/li>\n
- The weather on the day of the crash<\/li>\n
- Statements from witnesses<\/li>\n
- Each car\u2019s \u201cblack box\u201d or event data recorder<\/a><\/li>\n
- Patterns of damage on every involved vehicle<\/li>\n
- Police reports of the accident<\/li>\n
- Photos of the accident scene.<\/li>\n<\/ul>\n
It\u2019s not uncommon for each side to call its own accident reconstruction expert and for those experts to disagree. The more credible your accident reconstruction expert appears, the more likely a jury or judge is to believe them over the other side.<\/p>\n
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