The Cassidy Law Firm Blog

Tuesday, June 22, 2021

The Role of the Expert Witness in a Personal Injury Case

Pursuing a personal injury claim after you sustain harm in an accident caused by the negligence of another is the law providing you a way to recover critical compensation for the impacts an accident injury can have on your life and your finances. Should you pursue a personal injury claim, you may be uncertain of the path ahead and it may be overwhelming. While the majority of personal injury claims end in settlement without the need to go to trial, litigation is sometimes necessary in order for an injury victim to get the monetary compensation they deserve for their losses and harm suffered due to an accident. Should your claim be headed for the courtroom, the prospect and the legal jargon flying around may be overwhelming. It can be important to try and understand as much as the process as possible. Break things down into smaller parts and get the basic details. Here, we will discuss the role of expert witnesses in a personal injury case and why they can be an important feature at a personal injury trial.

The Role of the Expert Witness in a Personal Injury Case

The result of an injury trial can often, if not always, firmly rest on the presentation of the facts to the judge or jury. With important issues at trial often being complex or contested, expert witnesses can play a crucial part in explaining such complications and shedding light on issues that may go to the heart of the litigated issues of the case.

There are different kinds of witnesses that will give testimony at trial. An eye witness is one that witnessed the accident occur. An expert witness, however, is not someone who witnessed the accident. An expert witness is, instead, qualified to testify at trial due to possessing an expertise in a particular area. This expertise may have been developed through education or it may have been developed through training or experience. In order to qualify as an expert witness things like professional experience, education, publications in peer-reviewed journals, as well as reputation and prior experience as an expert witness may be taken into account.

There are a variety of expert witnesses that may testify at a personal injury trial ranging from physicians and other medical providers to economists, accident reconstructionsts, and vocational experts. These are witnesses that will offer opinions on the case rooted in facts, data, or their specialized knowledge. Because of the testimony being rooted in such things, the expert remains an impartial feature on the witness stand. This is one of the reasons expert witnesses can be so valuable. The testimony they provides is seen as more objective.

Expert witnesses can also be invaluable in clearing up ambiguities in the case. For instance, an accident reconstructionist can shed light on liability in explaining how the accident is most likely to have occurred. Vocational experts can explain how a victim’s injuries impacted his or her ability to retain employment or forced him or her to take a significant reduction in pay. This is how expert witnesses can help a plaintiff succeed at trial as well as increasing and justifying the amount of damages that are to be awarded.

New Jersey Personal Injury Attorneys

At the Cassidy Law Firm, we fight for full settlements but are prepared to go the distance all the way to trial in order to secure the compensation our clients deserve. Contact us today.


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