If your personal injury claim goes to court, there is a possibility that your legal team or the opposing legal team will want to bring in an expert witness. The expert witness is expected to provide unbiased, objective testimony about factors in the case.
What is an Expert Witness?
The definition of an expert witness is “a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case”.
Expert Witnesses may provide an opinion as to what occurred by looking at photographs and other evidence. They may look at the scene of the accident or the structure of a building, in the case of a slip and fall case. If a personal injury lawyer has hired the expert witness, they are looking to establish that there was negligence on the part of the defendant. Expert witnesses may also be used to look at future impacts a victim may face such as future or ongoing medical issues or economic repercussions. In personal injury cases, some of the expert witnesses that might be used are: accident reconstruction, engineering, biomechanical and human movement, medical, economic and insurance experts. Unlike expert witnesses, other witnesses in the case may only speak to what they have actually observed or know to be true.
Not everyone can be an expert witness. According to the Federal Rules of Evidence (FRE), individuals must meet specific requirements to be considered an expert witness. These laws apply in state courts, as well. In general, an expert must have the following in a specific field:
- Knowledge
- Skill
- Education
- Experience
- Training
How Do You Find an Expert Witness
If your personal injury attorney feels an expert witness will help your case or bring some clarity, they will seek out an appropriate expert witness. Hiring a skilled and experienced lawyer means they understand the legal system; when it is appropriate to have an expert witness and where to find one. This is not something you have to worry about when you hire a personal injury attorney like Jeffrey Harlan Penneys. When hiring a personal injury lawyer, you’ve likely been injured and are seeking recompensation. Expert witnesses can have an impact on the compensation that is recovered and can also strengthen the claim. Having the right expert witnesses for your case can be highly effective.
Although most cases settle without going to trial, knowing that your lawyer is familiar with expert witnesses and has the knowledge of when to use them can be comforting. If you think you have a personal injury claim, contact Jeffrey H. Penneys, Esquire for a no-obligation, complimentary consultation.