The Role of Expert Witnesses in Personal Injury Cases

An expert witness is someone with specialized skill, knowledge, experience, training, or education. These qualifications enable the expert to assist the court in understanding the evidence or determining facts at issue in a legal case. Expert witnesses are used in both civil and criminal cases and can be vital for clarifying complex technical or professional matters that are beyond the general knowledge of the jurors or judge.

Some types of expert witnesses that may become involved in personal injury cases include:

• Forensic experts (forensic psychologists, accountants, engineers) analyze evidence and provide insights based on their technical evaluation.
• Medical experts (doctors, nurses, surgeons) often testify in personal injury cases or medical malpractice claims about the extent of injuries or medical issues.
• Financial experts (economists, financial analysts) can provide evaluations on economic loss, damages, or business valuations.
• Technical experts in fields like engineering, chemistry, or information technology can address specific aspects of patent disputes, product liability cases, and more.

The selection of an expert witness is a strategic decision that involves considering the expert’s credentials, their ability to communicate effectively, and their experience in legal settings.

Why are expert witnesses used in a personal injury case?

Expert witnesses play a critical role in personal injury cases because they offer specific knowledge and insights that help to clarify complex issues for the judge and jury. Here’s how they contribute:

• Providing specialized knowledge: Expert witnesses are individuals with specialized knowledge, skills, or experience in a particular field relevant to the case. They use this expertise to interpret and explain complex facts, technical data, and professional practices that the average person (like most jurors) might not readily understand.
• Establishing standards of care: In cases involving medical malpractice or professional negligence, expert witnesses can testify about the standard of care expected in the relevant profession and whether the defendant met or breached these standards.
• Explaining cause and effect: Experts can offer opinions on causation, explaining how an accident likely occurred based on the evidence, or how a particular injury was caused by the defendant’s actions. An accident reconstruction expert can analyze the mechanics of a car crash, while a medical expert can link injuries directly to the crash.
• Assessing injuries and prognosis: Medical experts provide detailed assessments of injuries, including their severity, the necessary treatments, and the long-term prognosis. This information is crucial in establishing the extent of damages and the compensation required.
• Calculating economic loss: Economic experts can calculate past and future losses resulting from the injury, such as medical expenses, lost earnings, and reduced earning capacity. These calculations often involve complex analyses of various factors, including the victim’s age, career trajectory, and the permanence of the injury.
• Validity of scientific evidence: Some personal injury cases hinge on the validity of certain scientific techniques or findings (such as chemical tests or psychological assessments). Experts in relevant fields can validate or challenge the methodologies used to gather this evidence.
• Influencing settlements: The testimony of an expert can significantly influence the outcome of a case, affect negotiations, and potentially lead to settlements before a trial. Their input can help both parties gain a clearer understanding of the strengths and weaknesses of their cases.
• Testifying in court: During the trial, expert witnesses are called to testify and present their findings and opinions, often using visual aids or demonstrations to make their points clearer. They must also withstand cross-examination, where their qualifications, methodologies, and conclusions can be challenged by the opposing side.

Expert witnesses bridge the gap between complex factual or technical issues and the legal criteria that must be met to resolve a personal injury claim. Their credibility and the persuasiveness of their testimony can significantly influence the outcome of a trial.

What type of personal injury cases typically require expert witnesses?

Expert witnesses are often critical in various types of personal injury cases, particularly those involving complex technical issues or where the causation, extent of injury, or the amount of damages are in dispute. Here are some common types of personal injury cases where expert witnesses frequently play a key role:

Medical malpractice

Experts such as doctors, nurses, or medical specialists are essential to establish the standard of care expected, whether there was a deviation from this standard, and if the deviation caused the plaintiff’s injuries. They can also provide insights into long-term medical needs or the prognosis of the injuries.

Product liability

In cases where an injury is alleged to have been caused by a defective product, engineering experts, safety specialists, or industry-specific experts are utilized to examine the product and determine defects in design, manufacturing, or warnings.

Workplace accidents

Occupational and safety experts, engineers, or ergonomic specialists might be called to testify about the safety of the workplace environment, adherence to occupational safety standards, and the cause of the workplace accident.

Car accidents

Accident reconstruction experts can provide a detailed analysis of how and why an auto accident occurred. They use principles of physics and engineering to reconstruct the accident and often address issues such as speed, angles of impact, and the actions of each driver.

Slip and fall accidents

Experts in flooring and walking surfaces, architects, or human factors experts might be needed to testify about the conditions that led to a slip, trip, or fall, and offer an opinion regarding premises liability.

Toxic torts

In cases involving chemical exposure or environmental hazards, toxicologists, chemists, or environmental health experts can be essential for proving that exposure to certain substances caused the plaintiff’s injuries or illnesses.

Construction accidents

Experts in construction practices, building codes, and occupational safety are often necessary to discuss the cause of a construction accident and whether there was compliance with safety regulations.

Brain injury cases

Neurologists, neuropsychologists, or rehabilitation specialists are often involved in cases where a plaintiff has suffered a brain injury, to provide insight into the impact of the injury on the plaintiff’s cognitive functions and quality of life.

Wrongful death

Various types of experts, including medical experts, economists, and mental health professionals, can be called upon to provide testimony on the cause of a wrongful death, the financial and emotional impact on the deceased’s family, and future losses. The role of an expert witness is not just to provide evidence, but also to help the jury understand the intricacies of the case that go beyond common knowledge to help them make an informed decision based on factual and professional analysis.

With over 400 jury trials and 100 years’ combined trial experience, the attorneys at McNicholas & McNicholas, LLP have been negotiating and trying personal injury cases for more than three decades. If you sustained a personal injury in or around Los Angeles, call us in Westwood or fill out our contact form to schedule your initial consultation today.