Role Of Expert Witnesses In Strengthening Cases

In an ideal world, insurance works as it is supposed to, providing compensation for a person’s losses as described in the policy. Unfortunately, after suffering a personal injury, many people realize that recovering fair compensation from the insurance company is not as easy as it should be. 

Insurance companies often try everything to find ways to either deny a case altogether or minimize the settlement amount by undermining the injury victim’s claims or downplaying the impact it has had on his or her life. 

While building a strong case is not easy, it is not impossible with the right help. One effective tool to strengthen a personal injury case is expert witnesses. At AutoAccident.com, our lawyers have seen how expert testimony can add credibility to a case and improve chances of a favorable outcome. 

Types of Expert Witnesses in Personal Injury Cases

There are two main types of experts who are often used in personal injury cases. A consulting expert gives the legal team advice and guidance while preparing a legal strategy, but a testifying expert does more.

Consulting experts are important because, while accident lawyers are knowledgeable and experienced in the specifics of the law, they aren’t experts in other areas, such as medicine or economics. The advice offered by a consulting expert can be essential in determining the strength of a case and helping guide decisions on any potential settlements. 

As an expert in the field, a testifying expert offers a professional opinion on the technical aspects of the case. This testimony carries a substantial amount of weight because it is based on the expert’s extensive knowledge, skill, experience, and training in the specific field. Depending on the specifics of the case, he or she may testify at trial if this step becomes necessary. 

Since a personal injury case can cover many technical aspects, more than one expert witness may be required. Some commonly used experts include accident reconstruction experts, manufacturing experts, medical experts, vocational experts, and economic experts. 

Accident reconstruction expert

The outcome of many car accident cases is directly tied to proving liability. When there are conflicting statements or opinions on who is at fault for a crash, accident reconstruction experts can prove liability and strengthen a case. 

These experts analyze evidence and data from the accident, which may include police reports, physical evidence from the scene, and event data recorders (or “black boxes”). This evidence can help in determining the sequence of events and the cause of the accident. 

Manufacturing expert

When a personal injury was the result of a faulty or defective product, a manufacturing expert can help determine liability. He or she can testify whether industry or safety standards were met or where negligence occurred in the design or manufacturing of the product. 

Medical expert

The foundation of a strong personal injury case is solid medical evidence. Depending on the nature of the injuries, a number of different medical experts may be used to strengthen a case, such as a neurologist, orthopedic surgeon, physical therapist, or psychiatrist.

These medical experts can provide insight into diagnoses and treatments while also providing a professional opinion on the severity of an injury, the impact it would have on daily life, and the future outlook of improvement. 

Vocational expert

In many cases, an injury victim is unable to return to the same job. A vocational expert can help show what, if any, employment a person may be able to do. He or she would also be able to assess the injury victim’s job prospects and accommodation needs based on his or her specific circumstances.

Economic expert

Economic experts can analyze and determine the costs of future care and the estimated loss of income or earning capacity. This analysis is essential in determining the amount of compensation owed to the injury victim. 

Since a person cannot recover additional compensation after accepting a settlement, it is important to properly calculate the economic impact of an injury to ensure a fair settlement is reached.

How an Expert Witness Can Strengthen Your Case

Every case is different. An experienced personal injury lawyer will not only be able to know what type of expert is necessary in a particular case, but also choose one who is knowledgeable and respected.

A well-chosen expert witness can:

• Break down complex information: Much of the information and evidence in an injury case is complex and technical. While a lawyer may have sufficient evidence to prove his client’s case, it is only helpful if the judge and jury understand it. A good expert witness will be able to break down the complex technical information into simple terms so it is easier to understand for those who aren’t experts in the field. 
• Bolster credibility: It is one thing for an injury victim and his lawyer to testify about his injuries and losses. However, when an expert in the field provides a professional opinion that supports the victim’s side, this bolsters the credibility and authority of the case. 
• Challenge the insurance company: If the insurance company has provided unfavorable claims or evidence to undermine the injury victim’s case, expert testimony can provide a rebuttal report to point out flaws and critiques of the insurance company’s viewpoints.

Knowing how to use expert witnesses effectively strengthens a case. A well-written report carries a lot of weight and can turn the tide during negotiations, motivating the insurance company to make a favorable settlement offer. 

The Lawyers of AutoAccident.com Are Here for You

If you have been injured due to someone else’s negligence, you deserve quality legal representation to fight for your interests. Taking this action can start with the simple, no-risk step of a free consultation.

The lawyers at AutoAccident.com are dedicated to helping injured Californians recover the compensation they deserve. We are committed to offering compassionate, communicative care to our clients and giving them the legal guidance and support they need during these difficult moments. 

A free consultation with our firm can help you understand your legal rights and options. Call us today at (916) 921-6400 or toll-free at (800) 404-5400 to learn what we can do for you and your family.