Proving that the defendant in your personal injury case was legally responsible for your injuries can sometimes be challenging, especially if the accident wasn’t caught on camera or in the absence of clear objective evidence or independent witnesses. Your personal injury lawyer in Queens, New York, may advise you to bring in an expert witness to support your case.
Expert witnesses share their professional opinions about the events of the accident or your damages. They can bolster your case and validate certain elements of your lawsuit.
Learn how expert witnesses contribute to personal injury cases and when you might enlist their testimony in yours.
What Is an Expert Witness in a Personal Injury Case?
An expert witness is a witness qualified by knowledge, skill, experience, training, or education to provide opinion testimony beyond that of a layperson. You can call upon them to testify in your personal injury trial about certain facts or details of the case using their expert knowledge and experience. An expert witness might:
- Explain complex medical terms to the judge and/or jury
- Establish the credibility of your arguments by providing a professional, unbiased opinion
- Strengthen the connection between the defendant’s actions and your damages
- Testify to the financial implications of the accident
You can hire an expert witness in any field to testify in your case. The judge would need to “qualify” the witness to determine if they possess the required knowledge to testify on the matter.
While expert witnesses may be working for you, they are still legally required to tell the truth. Their testimony can establish credibility by sharing a factual, reliable perspective about your case.
As many as 8 out of 10 trials use expert witnesses, according to some reports. However, you should remember that only around 5% of personal injury lawsuits actually go to court. It is unlikely that your case would go to trial and you would need to call upon an expert witness, but your personal injury lawyer in New York will prepare for your case as if it were heading in this direction.
What Types of Subjects Can Expert Witnesses Testify About?
Personal injury lawsuits can hear testimony from expert witnesses across a wide range of subject matters. Common ones include:
- Medical experts: These expert witnesses can provide medical testimony about the severity of your injuries, the expected recovery time for this type of injury, how this injury could have arisen due to the defendant’s negligence, and what the future quality of life would generally look like for someone with this injury. They can help paint a picture of the severity of your damages and the need for compensation.
- Accident reconstruction experts: These experts can provide testimony about how the accident likely happened. For example, sometimes the circumstances of motor vehicle accidents are unclear, especially if both sides have different stories. An accident reconstruction expert can “reconstruct” the accident and show how it could have happened and how the defendant could have been at fault.
- Psychological experts: These experts can help support the need for emotional distress damages and other non-economic damages that account for the psychological toll the accident has taken on your life. They can speak to the long-term psychological effects of this type of incident and share the results of psychological assessments they performed on you.
- Vocational experts: When an accident happens at work, an expert in that field can testify about how the incident may have happened in that environment, along with how your future career outlook will be impacted by your injuries. They can explain the challenges of performing that type of work with your current injuries.
These experts can support a range of accident claims, whether you are trying to prove liability for car accidents or medical malpractice.
When Should You Hire an Expert Witness To Testify in Your Case?
Not every personal injury case requires expert witnesses. You may only choose to hire one if your case looks like it is going to court and if some details of the case are complex or confusing and could benefit from clarification.
Hiring an expert witness can be pricey, so you want to make sure that the payoff of doing so would be worthwhile. One study found that the average expert witness earned approximately $13,000 for 25 hours of work. However, this cost is often worthwhile for high-stakes personal injury cases potentially worth hundreds of thousands or even millions of dollars.
Your personal injury lawyer in New York will help you understand whether an expert witness would be beneficial or necessary in your case. If they believe this would be valuable, they will conduct a search for a credible expert witness to support your evidence.
Consult a Personal Injury Attorney in Queens, NY
Personal injury cases rely on a range of evidence types to be successful. Choosing the right car accident lawyer is an important step in building a strong case and presenting compelling evidence in your favor, whether or not that includes expert witnesses.
Elliot Ifraimoff & Associates, PC, provides experienced representation for plaintiffs across many types of personal injury cases. Contact us today at 718-205-1010 for a free consultation with a personal injury lawyer in Queens, NY.
Frequently Asked Questions
Do you need an expert witness in a personal injury case?
You aren’t legally required to have expert witnesses in a personal injury case, but they can be valuable if your case goes to trial. Further, expert affidavits are often critical in opposing or supporting motions for summary judgment, particularly on issues of liability, causation, and serious injury. Your legal representation will handle the process of finding an expert witness for you.
Do expert witnesses need to meet certain criteria?
Expert witnesses must meet specific criteria to show that they have the knowledge, education, training, or experience to help the judge or jury understand the evidence. Courts often use either the Frye standard or the Daubert standard to determine the admissibility of scientific expert testimony.
Do you have to pay an expert witness?
Yes, expert witnesses in personal injury cases are generally hired for their time, but some may offer their testimony for free. Your personal injury lawyer in New York can weigh the costs versus the benefits in your case.
This article is intended for informational purposes only and does not constitute legal advice