Personal injury is a unique field often hinging on expert testimony; These are the typeof experts your attorney should look for.
Personal Injury claims are often more complicated than simple and more colorful than black and white. While the plaintiff’s expert is their hired attorney, sometimes the gamechanger is the expert for the attorney.
“Personal injury law is a unique field that often hinges on the explanations and information provided by experts in many fields,” San Diego personal injury attorney Scott Liljegren said. “If you get injured in an accident, a professional may be the only one who can support your claim that your injury was, in fact, caused by negligent activity.”
And the said support is critical when saying a judge or jury in your favor, making expert witness selection a critical step in the personal injury lawyer’s courtroom prep. A second reason choosing the most qualified, respected, and believable expert? Defendants may also bring specialists to contradict the plaintiff’s claim.
With decades of experience as a former insurance defense attorney and currently a private personal injury lawyer, Liljegren describes some of the most powerful expert witnesses used in accident claims.
MEDICAL PROFESSIONALS: Physicians provide great insight into the sustained injuries and what may have caused them. Seemingly self-explanatory, they can outline the plaintiff's diagnosis and prognosis better than anyone. Liljegren notes the doctor called to testify does not need to be the plaintiff's primary doctor, but should always be an independent practitioner who specializes in the plaintiff's particular type of injury.
Outside of the common car or bike accidents, medical professionals may also be called to testify in medical malpractice cases. As Liljegren supports the plaintiff, he calls on experts to provide information showing how the defendant did not follow a reasonable standard of medical care.
ACCIDENT RECONSTRUCTION SPECIALISTS: These professionals often dedicates their careers to helping law enforcement agencies or other investigators by reconstructing accidents to show how an accident occurred and who was at fault, legally.
“You may remember the recent charges against Caitlyn Jenner in a rear-ending accident in California,” Liljegren says, speaking from decades of experience as a San Diego car accident lawyer. “An accident reconstruction specialists visual account helped the jury understand the facts of the case so they could prove Ms. jenner was not liable.” The same can be done to prove a defendant’s error did cause the accident and subsequent injuries in other cases.
ECONOMIC/FINANCIAL EXPERTS: All personal injury claims include the plaintiff's request for fair compensation. And while the monetary value may appear arbitrary, random, or in some cases surprisingly high, that’s often not the case- if the plaintiff’s have an expert financial expert to backup their monetary request. The amount requested is carefully calculated based on the individual’s injury, medical expenses, pain and suffering, past and future loss of wages, etc. Liljegren brings in financial authorities to provide testimony to clarify how the plaintiff’s injury will economically impact a plaintiff’s life in the immediate future and over the long term.
SPECIALIZED EXPERTS: Personal injury cases can stem from thousands of different scenarios; an example not mentioned previously could be product liability cases. In these claims, lawyers may call manufacturers, engineers, or design specialists to testify. In short, anyone with a particular skill set relating to the plaintiff’s claim may be used as an expert witness.
“Used” as an expert witness is also an important distinction- not all specialists are called to testify in court. Some act as consultants to help the plaintiff’s attorney put together appropriate real and circumstantial evidence needed to prove the defendant acted negligently.
“Consulting experts play more of a research and advisory role,” Liljegren said. “Whereas testifying experts are called to provide independent and objective information that can be used by a plaintiff or a defendant to prove a point.”
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