Expert Witnesses’ Roles in Personal Injury Cases
When most people think about witnesses in a personal injury case, they imagine a person like a friend, neighbor, coworker, bystander, business owner, or driver who saw the accident occur. However, there is another type of witness that may be used in your case – the expert witness.
Expert witnesses are experienced, skilled, and knowledgeable professionals who can break down the facts and details of an aspect of your case to ensure that they are easy for a jury and judge to understand. For example, an expert witness may be able to explain how or why your accident happened, as well as who is at fault. Attorneys usually select an expert witness to give testimony about car, truck, workplace, and other types of accidents. A good expert witness can completely change the outcome of your case.
What is an expert witness?
Cornell Law School defines an expert witness as “a person with specialized knowledge, skills, education, or experience in a particular field who is called upon to provide their expertise in legal proceedings to assist the court with understanding complex technical or scientific issues.”
An expert witness is someone who has a background related to your case, which affords them credibility and allows them to explain the complex facts of your case in simple terms to the court. For example, a person who has auto engineering experience and knowledge may be used to explain how the mechanical systems or parts used in your vehicle were defective or malfunctioned, leading to your accident.
How do you qualify to be an expert witness in Chattanooga?
According to Tennessee Courts, a witness who qualifies as an expert by either knowledge, experience, education, skill, or training may testify in court if technical, scientific, or other specialized knowledge is necessary for the jury to understand certain forms of evidence or determine a specific fact related to the accident or case. Therefore, in order to qualify to be an expert witness, an individual must be seasoned in a specific field related to your case. This means they must possess:
- An educational background or training in the field
- Extensive experience in the field
- Proven skills in the field
For example, a lawyer looking for a medical expert to testify for their client’s case will likely look for an individual who is a doctor, has several years of experience practicing as a doctor, or holds a Doctor of Medicine (MD) degree.
What types of expert witnesses are typically used in personal injury cases?
There are many different types of expert witnesses that may offer evidence in a personal injury case, including the following:
- Accident reconstruction specialists: If you were involved in a car accident, you may need an accident reconstruction specialist who will look at the scene of your crash, review all of the evidence, and explain how and why your accident occurred.
- Engineering experts: An engineering expert will likely know about the design and engineering process regarding a vehicle, product, machinery, or anything else that requires engineering. Therefore, if you are injured, they may be able to explain how the design or engineering contributed to your accident and injuries.
- Mental health experts: Mental health experts are typically counselors, psychologists, psychiatrists, and therapists who have knowledge or experience helping individuals with mental health issues or conditions. These experts may be hired to testify in your case if there is a question about whether a person was mentally or emotionally sound when your accident occurred.
- Medical experts: A medical expert may break down your medical records and explain how the accident directly caused your injuries. This may be a nurse, dentist, doctor, radiologist, or anyone else with a medical background.
- Economists: Economists have extensive knowledge of financial and monetary damages. Therefore, these professionals may be able to go over the financial damages you suffered due to the accident, your injuries, and other losses. An economist may be essential if the judge or jury is confused about the amount of money you are requesting or claiming in your personal injury accident.
- Vocational experts: If you are out of work due to your injuries, a vocational expert may be necessary to explain when or how you might be able to return to work in the future. They can also go over the amount of income, earning capacity, and benefits you have lost while recovering. Vocational experts are also valuable in breaking down what type of job or position you may receive when you re-enter the workforce based on your skills, work history, and education.
Why would a lawyer hire an expert witness for my case?
Even though an expert witness does not see your accident happen, your lawyer may hire these professionals to decipher and translate complicated facts. Their opinion, along with their experience, training, and education, can help the judge or jury understand or comprehend certain issues or details related to your case, which could increase the chances of your personal injury case being successful.
For instance, a reconstruction specialist may be able to use tools to reconstruct the accident so that the judge or jury can see what happened with their own eyes. By doing this, the judge or jury may gain a new outlook or understanding of how an 18-wheeler’s defective tires were the actual cause of your truck accident.
Expert witnesses are also usually seen as unbiased witnesses, meaning that they do not typically side with one party over the other. Instead, their job is to provide the facts and details of the case in simple and easy-to-understand terms.
If your personal injury claim is complex, there is a strong chance that your attorney may choose to hire an expert witness to explain the facts and details of your case. At Wagner Workers’ Compensation & Personal Injury Lawyers, we have tools and resources to help you find the best expert witnesses to strengthen your claim and increase your chances of a successful outcome. Therefore, when you work with our Chattanooga personal injury lawyers, you can rest assured knowing that we will do everything possible to find the perfect expert witness to help you obtain the justice and compensation you need and deserve to rebuild your life. Please call our office or complete our contact form to schedule a free, no-obligation consultation in Cleveland, Chattanooga, and North Georgia today.
Licensed for 34 years, Michael Augustine Wagner is a Personal Injury and Motor Vehicle Accidents lawyer in Chattanooga Tennessee. Learn More