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The Role of Expert Witnesses in Personal Injury Cases

When you’ve endured an accident, and you contact a personal injury lawyer to help you with your claim to receive restitution, there are a variety of factors that can help or hurt your case. Medical testimony is essential to establish the nature and extent of the injuries you have suffered in the incident.  Testimony from a medical expert is critical to prove a causal relationship between the accident and the injuries sustained, and to explain your prognosis to the jury.   In additional to medical experts, your case may require testimony from other experts. 

For example, if the manner in which the accident occurred is in question, an accident reconstruction expert may be necessary to prove your case.  If your injuries have prevented you from returning to the occupation you were in prior to the accident, testimony from a vocational expert, as well as an economic expert may be critical to establish the reduction in your earnings, and the future value of your wage loss claim over the course of time you would have expected to work.

At the law offices of Edward P. Shamy Jr., we understand the importance of expert medical testimony to support your own testimony as to the injuries you’ve sustained, what you’ve endured and the limitations and discomfort you may suffer in the future.   We also recognize how other experts may be utilized to present your case to the jury.

What is the difference between an Expert Witness and a Fact Witness?

A fact witness is not an expert.  A fact witness is someone who witnessed the happening of the incident, or heard one of the parties make a statement, or made observations that are relevant to the case.  For example, a friend of the injured person could testify as a fact witness that he and the Plaintiff used to enjoy playing basketball and jogging together, but the Plaintiff, since the accident is no longer able to play basketball or jog.

An expert witness is not a fact witness.  An expert witness is an individual who possesses education, training, experience and knowledge in a specific field which has direct relevance to your case and can be applied to your case.

Different Types of Expert Witness in Personal Injury Cases

The type of expert needed in your case depends upon the injury you experienced, and the consequences of your injuries.  As indicated above, there are a several types of experts that may be important in a personal injury case.  

Here are some examples of experts that may be important for the presentation of a personal injury case:

  • Accident Reconstruction Expert– this individual examines the scene of an accident and using forensics, reconstruction technology, and witness statements, will recreate the scenario to determine the actual cause of the accident based on the conditions and factors.
  • Medical Experts– to establish the severity of your injuries, the prolonged healing time that will prevent you from not only working, but also living a full and able life, whether or not your injuries are permanent, how those injuries will affect you on a day-to-day basis, how the injuries can worse over time as you grow older.  An experienced medical professional’s testimony can help establish your pain and suffering, as well as any long-term effects of your injury.
  • Vocational Expert– if you worked in a particular occupation prior to suffering injury, especially one that requires you to be perform certain physical functions required to do your job, and make a wage, this expert can compare the occupation you had enjoyed prior to the accident with the occupations available to you after the accident, taking into account the physical limitations you will have as a result of your injuries.
  • Economic Expert – this expert, utilizing the opinion of the vocational expert, can compare the income the injured person was able to make prior to the injury and after the injury, and then can calculate the present day value of the injured worker’s future lost earnings over the period of time that the injured person would have worked if the injury had not occurred in the incident. 

Why Expert Witnesses are Important for Your Personal Injury Case

Expert witnesses provide a great deal of insight to help establish the cause and effects of the accident that resulted in your personal injury. They also lend credibility to your case and provide expert insight into potentially complicated subjects. An expert witness can break down and explain complex concepts in a way that a jury can understand and appreciate, which can have a significantly positive impact on the value of your case. The narrative report of an expert witness can facilitate a resolution of the case long before trial.

Partner with a Personal Injury Lawyer

If you’ve been involved in an accident that resulted in your pain and suffering, high medical bills, and the inability to go back to the same occupation or to return to work at all, you’ll want to pursue a personal injury claim to receive compensation for your injuries, your pain and suffering, lost wages, and loss of future earnings. When the time comes, you’ll want an experienced attorney to go to bat for you.

You can contact the law offices of Edward P. Shamy Jr. to help you navigate the complexities of your personal injury case.