Expert witnesses feature in many personal injury cases because of their experience and training. These professionals help bring context to evidence and make it easier for the judge and jury to deliver their ruling. Learn some ways attorneys use expert witnesses to strengthen their cases.
One element that is crucial in winning a personal injury case is providing compelling evidence. This can be a daunting task when evidence like video footage, photographs, or physical evidence isn't enough.
Fortunately, an expert witness can provide critical insight that helps establish liability where doubt exists. For example, in a traffic accident, a reconstruction expert will use science and math to determine the speed of the vehicles, where the collision occurred, and what caused the crash.
Similarly, in medical malpractice cases, an expert witness will help show that a doctor negligently performed a surgery, failed to properly diagnose a condition, or performed below the required standard of care.
In personal injury cases involving financial loss, an expert in economics will analyze the financial damages associated with your case. The expert will review documents like insurance policies, employment records, and medical bills to determine how much compensation you should receive.
Another reason an attorney will use an expert witness is to help them develop or test case theories. Attorneys are better able to improve their negotiating posture with expert analysis on complex issues that are likely to come up during meetings with opposing counsel.
An example might be a personal injury claim against a pharmaceutical company for wrongful death related to one of its drugs. In such a case, the plaintiff will claim that the company's drugs had adverse side effects. Developing a legal argument based on the drugs’ negative effects requires medical expertise.
Therefore, an attorney will seek out an expert to advise them on issues like the chances of the drug compound causing injuries or how the drug interacts with other medications. Furthermore, the expert will offer their opinion based on new drug testing methodologies. They may review the drug testing protocols used by the pharmaceutical company and compare them to industry standards or requirements.
One of the reasons judges and juries accept expert witnesses in personal injury cases is because of their unbiased testimonies. These professionals provide statements based on facts and evidence. This impartiality helps validate their testimony since an expert witness has no allegiance to the claimant or defendant.
An expert witness helps break down complicated language to avoid a misinterpretation of critical facts. The witness will convey complex information in layman's terms and provide valuable insights in a professional manner. These professionals lead the judge and jury into medical or technical fields they previously didn't know about while contemplating the theme of a personal injury case.
Expert testimony is crucial in a personal injury case for proving the elements of negligence when it involves the determination of an issue that is beyond common knowledge. Insurance adjusters and defense attorneys will consider an expert witness's valuation of a case when proposing a settlement offer. For example, an economic expert will provide real figures that reflect the actual loss a plaintiff has incurred.
In addition, the expert witness will help both sides understand the strengths and weaknesses of their arguments. If the defense has a weak case, they could feel intimidated by the impact of the expert's testimony when the case goes to trial. As a result, they are more obliged to propose a reasonable damage award.
If you have a personal injury claim, working with an attorney offers you a good chance of a favorable judgment. Experienced and reputable attorneys have connections with credible expert witnesses who will strengthen your case. Contact us today at Craig P. Kenny & Associates for aggressive legal representation. You can trust us to build a strong case and give you the best results possible.
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Paul Kirst with Craig P Kenny & Associates is an efficient, trustworthy personal injury lawyer who gets results! He recently handled a traffic violation for me smoothly and with exceptional results, even in the midst of common quarantine close-down challenges. I had the opportunity to interact with him during the process and enjoyed his tension-reducing humor, and appreciated his knowledge and understanding of the law and related court systems. Paul kept me updated through the process, explaining both the how's and the why's. His office was communicative and followed up faithfully by email and phone. They even sent reminders regarding the final court processing fees and deadline. The five star way that Paul resolved a small legal matter confirmed that I will return to his care should I need a top notch personal injury lawyer for a large matter. Thank you, Paul! – Teri A.
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