Expert Witnesses in a Personal Injury Trial

Expert witnesses are relatively common and often necessary in personal injury trials.

What is the difference between an eyewitness and an expert witness?

Eyewitnesses and expert witnesses can both offer critical information in personal injury cases. However, they have different levels of experience and as a result, can offer diverse types of testimony in the same case.

• Eyewitnesses are those who may have seen the crash or its aftermath. They might have been passengers in one of the vehicles involved or nearby motorists, passengers, or pedestrians. Although an eyewitness account can be helpful, not all eyewitnesses can provide reliable testimony.
• Expert witnesses have education and experience that allows them to approach personal injury cases scientifically and methodically, enabling them to testify to a specific aspect of a claim. Some examples of expert witnesses include accident reconstructionists, medical professionals, safety inspectors, financial analysts, retired law enforcement officers, and other experts.

The value of expert witnesses to personal injury cases

Expert witnesses provide significant value in personal injury cases. They offer specialized knowledge and objective opinions that can clarify complex issues for the judge and jury. Their expertise can be crucial in establishing key elements of the case, such as liability, causation, and the extent of damages. Here are the major ways expert witnesses contribute to personal injury cases:

• Clarify technical and complex issues. Accident reconstruction experts analyze evidence from the scene, such as skid marks, vehicle damage, and traffic patterns, to recreate the events leading to the accident and help determine how the accident occurred and who was at fault. In cases involving product defects or structural failures, engineers can provide insights into design flaws, manufacturing defects, and safety standards that may have been violated.
• Establish standards of care. Experts in various fields, such as healthcare, construction, or safety, can testify about the accepted standards of care and whether the defendant’s actions met or deviated from these standards. This can help establish negligence or compliance.
• Link injuries to the accident. Medical and scientific experts can provide testimony that links the plaintiff’s injuries directly to the incident, rather than to pre-existing conditions or other unrelated factors. Defense experts are often hired by insurance companies. They are often utilized by insurance carriers to  present alternative explanations for the injuries or argue that the plaintiff’s injuries were not caused by the defendant’s actions.
• Quantify damages. Economists and financial experts can calculate the economic impact of injuries, including lost wages, medical expenses, and future earning capacity to provide detailed analyses of the plaintiff’s financial losses. Vocational experts assess the impact of injuries on the plaintiff’s ability to work and perform daily activities and offer opinions on the plaintiff’s employability and potential for rehabilitation.
• Enhance credibility. Expert witnesses are can be neutral and objective, which can lend credibility to the plaintiff’s or defendant’s case. Their professional background and experience can significantly influence the court’s perception of the facts. An expert’s credentials and experience can provide authority to their testimony, making complex information more understandable and persuasive to the jury. However, defense experts often come from a stable of experts utilized by insurance carriers as hired guns.
• Provide persuasive testimony. Experts can break down complicated concepts into simpler terms, helping the jury understand technical details that are crucial to the case. They often use charts, models, simulations, and other visual aids to illustrate their points, making the evidence more relatable and easier to grasp.

The objective and authoritative testimony of an expert witness can significantly influence the outcome of a case by providing the court with a clear understanding of the technical and professional aspects involved.

Do I need an expert witness in my personal injury case?

Whether you need an expert witness in your personal injury case depends on several factors:

• Complexity of the case. If your case involves complex technical, medical, or scientific issues that are beyond the common understanding of a judge or jury, an expert witness can help clarify these matters. For example, cases involving medical malpractice, product liability, or car accidents with complicated dynamics often benefit from expert testimony.
• Nature and extent of injuries. If you have sustained serious, long-term, or unusual injuries, a medical expert can provide testimony regarding the extent of your injuries, necessary treatments, and future medical needs. This information can be crucial to demonstrate the full impact of the injuries and justify the compensation sought.
• Unclear causation. If there is a dispute about whether the defendant’s actions caused your injuries, an expert witness can provide evidence to establish causation. For instance, a medical expert can explain how the injuries are directly related to the accident.
• Contested fault. In cases where fault is contested or unclear, such as traffic accidents, an accident reconstruction expert can analyze the evidence and provide an opinion on how the accident occurred and who was likely at fault.
• Substantial damages. If your case involves significant economic losses, such as lost wages or diminished earning capacity, an economic expert can provide detailed calculations to support your claim for compensation. A vocational expert can assess how your injuries affect your ability to work and perform daily activities, which can be important for determining future damages.

An experienced personal injury attorney can help you make an informed decision about whether an expert witness is necessary and how to effectively incorporate their testimony into your case.

If you have questions or concerns about whether an expert witness might enhance your personal injury case, please do not hesitate to reach out to the Maryland personal injury lawyers at Plaxen Adler Muncy. Our team will provide you with legal advice regarding how you should move forward with your case. Call or submit our contact form to schedule your free case evaluation at one of our offices across Maryland today.