Expert Witnesses in Personal Injury Cases

May 2, 2023 by Greg Baumgartner

As personal injury attorneys, we know how important it is to have expert witnesses testify in court cases.  In personal injury cases, expert witnesses can provide valuable insight and testimony to help prove your case and maximize your recovery.  In this article, we will discuss what expert witnesses are, why they are essential in personal injury cases, and how to find the right expert witness for your case.

What are Expert Witnesses

Expert witnesses are individuals with specialized knowledge, training, or experience that qualifies them to offer opinions and testimony in court cases.  In personal injury cases, expert witnesses can testify on various topics, including medical issues, accident reconstruction, and economic damages.

Expert witnesses can be critical to the outcome of a personal injury case.  Their testimony can help establish liability, prove damages, and help juries understand complex issues.  In addition, expert witnesses can be effective at discrediting opposing expert testimony.

Kinds of Experts in Injury Cases

Many types of expert witnesses can be used in personal injury cases.  Here are a few examples:

• Medical Expert Witnesses – Medical expert witnesses can provide testimony on various medical issues, such as the nature and extent of injuries, the cause of injuries, and the expected course of treatment.  They can also testify about the impact of injuries on a person’s ability to work and perform daily activities.  Such experts may be neurologists, orthopedists, pain management, and rehabilitation experts.

• Accident Reconstruction Expert Witnesses – Accident reconstruction expert witnesses can provide testimony on how an accident occurred, including factors such as vehicle speeds, angles of impact, and vehicle positions.  They can also provide analysis of physical evidence, such as skid marks and vehicle damage.

• Economic Expert Witnesses – Economicexpert witnesses can provide testimony on the financial impact of injuries on a person’s life.   They can calculate lost income, medical expenses, and future economic damages.  Life care planners will calculate the future costs of needed medical care.

• Cell Phone Records Expert – An expert in cell phone records can help prove a person was talking or texting when an accident occurred and can help locate the defendant before the crash.

• Commercial Vehicle Maintenance and Regulation Expert – Big rig drivers and professional drivers must follow safety regulations, including the condition of the trucks, maintenance, and driving issues.  Such experts are often used in severe injury or fatal crashes with 18-wheelers.

• Event Data Specialists – Black box or event data recorders are computer modules that record things like speed, stopping distance, braking, and other issues in a car accident case.

• Toxicologist – A toxicologist can testify about the level of drugs or alcohol in a person’s system.

What does an Expert Witness do?

The primary role of an expert witness is to provide an opinion or testimony on a particular issue relevant to the case.  This may include reviewing evidence, conducting analyses, and providing written or oral reports.  An expert witness may also be called to testify at trial, where they will be subject to cross-examination by the opposing counsel.

How to Use Experts in Personal Injury Cases

The primary role of an expert witness is to provide an opinion or testimony on a particular issue relevant to the case.  This may include reviewing evidence, conducting analyses, and providing written or oral reports.  An expert witness may also be called to testify at trial, where they will be subject to cross-examination by the opposing counsel.

In a personal injury lawsuit, an expert’s role is to provide specialized knowledge and opinion on matters related to the case.  This can include offering their professional opinion on medical diagnosis, causation, and damages.

Experts can include medical professionals, engineers, accident reconstructionists, and other specialists with relevant expertise.  They may be called upon to provide written reports, give testimony in court, or participate in settlement negotiations.

Overall, the goal of the expert is to assist the court in understanding complex issues and determining the appropriate amount of compensation for the injured party.  Their opinions can be instrumental in helping the court make informed decisions that are fair and just for all parties involved.

Do I Need an Expert for My Case?

If you are involved in a personal injury case, it can be challenging to determine whether you need an expert witness. An expert witness is a professional who can provide specialized knowledge and insight on a particular subject related to your case.

In general, you may need an expert witness if your case involves complex medical or technical issues that are beyond the knowledge of an average person. For example, if you suffered a spinal injury in a car accident, you may need an expert witness, such as a neurologist or orthopedic surgeon, to explain the nature and extent of your injuries and to testify about your prognosis for recovery.

You may also need an expert witness if liability is disputed or conflicting versions of events exist.

Consulting a leading personal injury attorney in your area is advised.

How to Find the Right Expert

Finding the right expert witness for your case can be challenging.  Here are a few tips to help find the right expert witness for a case:

• Look for Expert Witnesses with Relevant Experience – When searching for an expert witness, it’s essential to look for someone with relevant experience in your type of case.  For example, if you have a medical malpractice case, you’ll want to look for a medical expert witness who has experience with similar cases.

• Check Credentials – It is essential to check the credentials of any expert witness you are considering.  Make sure they are licensed and in good standing in their field.  You can also look for certifications or other credentials that demonstrate their expertise.

• Check for Conflicts of Interest – Make sure the expert witness has no conflicts of interest that could affect their testimony.  For example, if the expert witness has a financial interest in the case’s outcome, their testimony may not be impartial.

• Get References – Ask for references from any expert witness you are considering.   Talk to other attorneys who have worked with the witness to get an idea of their experience and reliability.

Experts Can Help Your Case

Expert witnesses can be an asset in personal injury cases.  They can provide critical testimony that can help prove liability and damages and maximize recovery.  When looking for an expert witness, it is essential to find someone with relevant experience, check their credentials, avoid conflicts of interest, and get references.

By following these tips, you can find the right expert witness for your case and improve your chances of a successful outcome.  

Get Help From an Experienced Trial Lawyer in Houston

If you need assistance with your Houston personal injury case, please contact us.  Our experienced personal injury attorneys are here to help.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069