In personal injury cases, proving negligence and demonstrating the extent of a plaintiff’s damages often requires more than just eyewitness accounts or personal testimony. Sometimes, it demands the insight and testimony of experts with specialized knowledge or experience.
At Cunningham Bounds, we are well aware that expert witnesses play a critical role in bridging the gap between complex technical details and the legal standards needed to establish liability and calculate fair compensation. It’s It is why we work with experts who help us evaluate key issues in consequential claims, and provide professional opinions and testimony that often prove invaluable to our clients’ cases
Below, we explore the importance of expert witnesses in personal injury cases, how they can contribute to the success of a claim, and how we utilize their services to strengthen clients’ cases.
Understanding the Need for Expert Witnesses
Personal injury cases often involve complex issues that are beyond the understanding of the average person or jury member or matters that are highly specialized and simply unfamiliar to those outside of a given field or profession.
Whether it is the intricacies of medical diagnoses, the technical aspects of an accident reconstruction, or the financial calculations for future economic losses, expert witnesses provide the specialized knowledge needed to clarify these matters. Their expertise can be instrumental in demonstrating how the defendant’s negligence caused your injuries and in quantifying the full extent of your damages.
While expert witnesses can be utilized in nearly any case, we find that they are most common in claims involving:
- Medical malpractice and birth injuries
- Commercial truck accidents
- Environmental litigation / toxic exposure
- Industrial accidents
- Maritime accidents
- Product defects, including defective drugs, defective auto products, and defective medical devices
Types of Expert Witnesses Commonly Used in Personal Injury Cases
There is an abundance of experts who can be called to provide testimony in civil injury cases. Some of the more common ones include:
- Medical Experts: Medical experts, such as doctors or specialists, are often called upon to explain the nature and severity of your injuries, the necessary treatments, and the long-term impact on your health and ability to work. They can also refute opposing claims that your injuries are less severe or were pre-existing. Medical experts are also of vital importance in claims involving medical malpractice, as they can help evaluate a provider’s quality of care, provide insight into the “standard of care” for a given patient and situation, and formulate opinions as to whether defendants failed to meet accepted standards.
- Accident Reconstruction Experts: In cases where the cause of an accident is disputed, accident reconstruction experts use their knowledge of physics, engineering, and specialized processes or products to recreate the events leading up to the crash. Their analysis can help determine fault and demonstrate how the defendant’s actions led to the accident. Different types of experts may be used for accidents involving vehicles, combustibles, chemicals, or industrial facilities.
- Economic Experts: Economic experts, such as forensic accountants or economists, are crucial in calculating the financial impact of your injuries. They assess lost wages, earning potential, medical expenses, and other economic damages to ensure that victims and families are compensated fairly for all losses - both for losses that have already been incurred and losses that can be reasonably expected in the future.
- Vocational Experts: These experts assess a victim’s ability to return to work after an injury and may testify about their capacity to perform certain jobs or the necessity of retraining for a new career. Their input is vital in cases involving long-term or permanent disability and, as a result, future income.
- Engineering and Safety Experts: In cases involving defective products, unsafe premises, or workplace accidents, engineering or safety experts may be called upon to explain how a product was defectively designed or manufactured, how safety standards were violated, or how a property owner failed to maintain safe conditions. These experts may have generalized expertise in a relevant field or they may be experts with specific experience and knowledge about technical processes and procedures in a certain industry or workplace.
How Expert Witnesses Strengthen Your Case
Expert witnesses can be invaluable when it comes to evaluating and proving a personal injury claim. Some of their most important benefits include:
- Clarifying Complex Information: Expert witnesses can distill complex technical information into clear, understandable testimony for the judge and jury. Their ability to explain how an accident occurred, how standards were missed or violation, the extent of a victim’s injuries, or the financial implications of an accident is often pivotal in persuading a jury of the merits of a claim.
- Providing Credibility: The testimony of a well-respected expert can lend significant credibility to your case. Juries tend to give considerable weight to the opinions of experts, particularly when those experts are well-qualified and have extensive experience in their field.
- Challenging the Defense: Expert witnesses can also play a crucial role in challenging the defense’s arguments. For example, if the defense claims that your injuries were pre-existing, a medical expert can provide evidence to refute this claim. Similarly, an accident reconstruction expert can challenge the defense’s version of how the accident happened, providing a more accurate and scientifically supported account.
Understand that the strategic use of expert witnesses can make a significant difference in the outcome of a case, which is why we’ve made collaboration with experts a key component of our litigation process. If you have questions about a potential claim, how an expert witness may be of benefit to you, and what our award-winning attorneys can do to help, don’t hesitate to reach out for a consultation.
Our firm proudly serves clients across Alabama, Georgia, and beyond, and offers FREE case reviews. Call (844) 417-0930 or contact us online to request yours.