Personal injury lawsuits are won on the strength of the evidence provided and how well an attorney can argue for the victim. They are also won depending on the strength of the testimony provided by expert witnesses.
Personal injury cases often involve dense information and data, and crucial information that might be difficult for the jury to understand or follow. Expert witnesses play a crucial role in clarifying things, strengthening cases, and helping the defense represent their clients. In this guide, we will look at the role of expert witnesses in California personal injury cases and how the top personal injury attorneys work alongside them to ensure the best outcomes for their clients.
What is an Expert Witness?
An expert witness is a professional with skills or experience in specific domains related to a specific case. They are often called upon to provide more context, simplify complex information or data, clarify terms, and provide case assessments.
Types of Expert Witnesses in Personal Injury Cases
A personal injury accident lawyer can call upon different types of expert witnesses depending on what the case requires. In car accident cases, the attorney may enlist the services of accident reconstruction experts who can explain how and why the accident happened.
While they are not allowed to assign blame or liability because they are not legal experts, they can provide crucial details that the jury might otherwise miss in these cases.
Another common type of expert witness called upon in personal injury cases is a medical professional. These experts can better explain the types of injuries the victim has suffered and how these injuries have affected them and will continue to do so in the future. They can also be crucial for showing the likely future medical needs and expenses of the victim, which is vital in determining how much their case is worth and how much they can be compensated.
Economic experts can tell the court the financial losses the victim has incurred and what their future expenses will look like. For example, they can calculate lost wages, tell the court the likely cost of taking care of a victim who has suffered a disability, or explain the financial cost of the personal care needs of the victim.
Forensic and toxicology experts are crucial in personal injury cases tied to wrongful death. They can testify about the cause of death, explain chemical testing details, and provide additional context for events like fires that led to injuries or fatalities.
Manufacturing and engineering experts are crucial in cases involving defective products. They can show how and why a product failed, demonstrate that the manufacturer did not conduct additional testing to ensure their products were safe, or show how a product failed in its function even though the victim was using it correctly.
There are many other types of expert witnesses in California including vocational, electronic records, vehicle, and electronic records experts. It is up to your Bakersfield personal injury lawyer to determine which experts would be helpful to your case.
In some cases, your personal injury accident attorney might pay these experts on your behalf to appear in court and provide their expertise. However, they are not allowed to pay them to sway their opinion because that would be illegal. Regardless, hiring them on your behalf will ensure you have the right ones to strengthen your case and get the best compensation.
Establishing Liability
As mentioned, expert witnesses cannot assign liability or blame, but they can help your attorney do both. Expert witnesses are expected to be the guides your personal injury lawyer California uses to provide specialized knowledge and make the facts of the case more understandable and digestible by the jury.
They provide crucial evidence and testimony that can help assign liability, becoming crucial factors in determining case outcomes, how much cases are worth, and ultimately how much the defendant can receive.
Painting a Picture
Expert witnesses can also paint a picture that helps the jury understand what happened. This is often the case in car accident lawsuits where the chain of events might not be obvious. This is especially true if multiple vehicles are involved.
The expert witness can walk the jury through the scene of the accident and explain what happened from beginning to end to the best of their knowledge.
In such cases, their testimony is much more than informative because it paints a picture of the defendant’s actions or functions, thereby establishing why they should be held liable for their actions and the consequences.
Keeping Ethical Standards
Expert witnesses are expected to adhere to a strict ethical code. Their testimony can make or break cases, so they must not be shown to be trying to influence the case in any way.
For this reason, the court expects that they are people with utmost integrity, who adhere to objectivity, and who are accurate in their assessments.
They are also expected to adhere to the highest confidentiality standards. Doing this serves two purposes. First, it ensures no information leaks from the case and what the personal injury law firm is working on regarding the case. Second, it ensures there is no conflict of interest.
If an expert witness leaks crucial information, they can be shown to not be impartial and have a conflict of interest. Both can make their testimony and any information they have provided worthless.
Preparing for Cases
Not everyone can call themselves an expert witness. It is up to your car accident lawyer Bakersfield to ensure the witnesses they bring to court are actual witnesses. Doing so entails checking their experience, knowledge, skill, training, and education to ensure they would be a valuable asset to a case and not a liability.
Expert witnesses play a unique but critical role in personal injury lawsuits. They are important for providing additional context, guiding juries through the accident, clarifying statements, and providing crucial assessments that can sway cases.
It is up to your attorney to find the best expert witnesses who would be a great fit for your case. You can talk to our attorneys by calling us at 800-4THE-WIN (800-484-3946) or visiting our offices for a free consultation to discuss your case and needs, including finding the best expert witnesses.
