What Is the Role of the Expert Witness in Personal Injury Trials?

An expert witness can help when a personal injury case involves technical, scientific, or specialized knowledge. Experts can help the jury understand the evidence in a case. When there are multiple experts, the jury can decide which expert to believe in deciding the case.

Experts can be helpful in a personal injury claim. However, it is helpful to understand the benefits and limitations of expert witnesses. For more information about the role of expert witnesses, talk to a personal injury attorney for legal advice tailored to your specific situation.

What Is an Expert Witness?

An expert witness is someone qualified as an expert based on their knowledge, skill, experience, training, or education. Not all personal injury cases need expert testimony. However, experts can be helpful and necessary when:

1. The expert’s specialized knowledge will help the jury understand the evidence or determine a fact in issue;
2. The testimony is based on sufficient facts or data;
3. The testimony is based on reliable methods and principles; and
4. The expert reliably applies the principles and methods to the facts of the case.

For example, an assault case involves someone who punched another person without a reason. The average person could decide what was unreasonable without an expert. However, if the personal injury case was based on a defective braking system in a car accident, an engineering expert could help the jury understand what went wrong.

What Types of Experts Are Used in Personal Injury Cases?

There are many types of experts used in personal injury cases, depending on the type of accident claim. Common types of expert witnesses include:

• Accident reconstruction experts
• Economic experts
• Forensic experts
• Medical experts
• Mental health experts
• Vocational experts

For example, in a semi-truck accident, most people may not know how big rigs operate. An accident reconstructionist can explain how an overloaded trailer could make a truck unstable, increasing the risk of an accident.

How Do Expert Witnesses Qualify to Testify in a Personal Injury Case?

In a personal injury case, experts must qualify to testify before the jury. Experts must have the education, experience, training, and knowledge to make them experts in a particular field. They can provide their expert opinion based on the physical evidence and facts of the case.

For example, in a medical malpractice lawsuit, a medical expert would usually be a physician in a similar practice area related to the case. The doctor could testify about their specialized knowledge, education, training, and experience.

What Is the Difference Between Plaintiff and Defendant Expert Witnesses?

The plaintiff and defendant may each have their own expert witness. Generally, the plaintiff’s expert will support their case, and the defendant’s expert will help their side. In court, the attorneys ask experts how much work they do for plaintiffs and defendants. Experts who testify for both sides may appear to be more impartial.

In a jury trial, the jury will hear from each expert. Based on their explanation of the facts of the case, the jury can decide which expert they believe.

How Are Expert Witnesses Paid?

Expert witnesses are generally paid for their time. They are not paid a percentage of your jury award. Experts give an unbiased opinion and are not paid to provide the correct answer. Expert witnesses can be expensive. Your attorney may need to pay for the expert to review your case and give their opinion.

If the expert’s opinion supports your case, the expert will charge to produce a report. The expert may also charge to respond to the defense expert’s report. If your case goes to trial, you may have to pay for their travel expenses and their time to testify in court.

Do You Need an Expert Witness for Your Trial?

Not all personal injury trials require an expert witness. If your case involves complex issues in a specific practice area, you may need an expert witness. Types of personal injury cases that may need an expert include:

• Defective product claims
• Medical malpractice lawsuits
• Multiple vehicle accidents
• Permanent injury/brain injury cases
• Wrongful death claims

Most medical malpractice cases require an expert witness. This is because the average juror does not know the medical standards of care. Jurors don’t have the training and experience of a doctor. In many states, the injured party needs a certificate from a doctor when the case is filed. This is to make sure only cases with merit go forward.

For more information about the importance of expert witnesses in your case, talk to a personal injury lawyer.