The Role of Expert Witnesses in Personal Injury Litigation

Expert witnesses play crucial roles in many personal injury cases, as they may provide testimony that clarifies technical points about their field of study to the non-experts on the court—most importantly, the judge or jury serving as factfinders. Armed with this knowledge, the judge and jury are better able to understand the critical facts at hand and how they apply to the case at large.

What Is an Expert Witness?

An expert witness is someone who has special skills, training, or knowledge of a field and is called on to share information about that field with a court hearing a case. While they are common in personal injury cases, not every personal injury case needs their testimony. Rather, these experts clarify complex concepts that ordinary people might not be able to understand thoroughly without their help.

Both the plaintiff (the injured party bringing the case) and the defendant (the person the plaintiff alleges has harmed them) can bring their own expert witnesses. The court hearing the case will consider the evidence presented to it and determine whose testimony ultimately carries more weight.

Common Types of Expert Witnesses in Personal Injury Cases

There are many different types of experts that plaintiff and defense attorneys may call on to contribute to personal injury cases. Among the most common are as follows:

• Accident reconstruction experts use their backgrounds in physics, engineering, and biomechanics to explain how accidents occurred and whose actions set them in motion. They do so by analyzing evidence like skid marks, vehicle damage, weather conditions, and traffic patterns in the area.
• Economic experts use a background in finance or accounting to calculate financial damages. They assess a victim’s lost wages, future earning potential, inflation, and the long-term economic impact of injuries.
• Medical experts provide insights into health care broadly or their specialty in particular to clarify the nature, severity, and prognosis of injuries. They explain the causes of injuries, how they should be treated, how long it may take to recover from them, and whether an injured party may need long-term care.
• Psychologists and psychiatrists assess the emotional effects of injuries, such as PTSD, anxiety, or depression. They explain the consequences of emotional distress and the need for ongoing mental health treatment.
• Vocational experts use their background in rehabilitation or job market analysis to evaluate how a victim’s injuries may affect their ability to work. These professionals analyze how a victim’s injuries may affect their career path, their need for retraining, and the difference between their pre- and post-injury earning capacity.

Types of Cases That Commonly Involve Expert Witnesses

While many different types of personal injury cases can benefit from the testimony of an expert witness, some are more likely to necessitate these professionals than others. Here are a few that tend to hinge on the contributions of expert witnesses:

• Complex Car Accident Cases: When many vehicles and other moving parts are involved, it may take reconstruction experts to untangle what happened, present a likely chain of events, and assign a percentage of fault to each involved party.
• Truck Accident Cases: The trucking industry is heavily regulated, and truck accidents involve complex types of evidence. Trucking experts can analyze electronic data recorders, bills of lading, and hours of service logs to determine where the critical mistake occurred.
• Medical Malpractice Cases: These hinge on whether a healthcare professional deviated from the accepted standard of care, which only other professionals working within that field are qualified to comment on. Moreover, Illinois requires medical malpractice claims to be accompanied by an affidavit from such an expert.
• Defective Product Cases: A product is defective when a failure in its design, manufacture, or marketing makes it inherently unsafe to use as intended. Experts in fields like industrial design, assembly, or technical writing can clarify the nature of the error that led to a plaintiff’s injury.
• Catastrophic Injury Cases: Severe injuries can have life-long effects on a victim’s life. Medical experts, rehabilitation professionals, and accountants can provide crucial testimony regarding a plaintiff’s future needs so that a court award factors in these eventual costs.

Contact The Law Offices of Goldfine & Bowles for Help

Since 1962, The Law Offices of Goldfine & Bowles has been dedicated to doing everything we can on behalf of accident victims in central Illinois. Our process includes leveraging the testimony of expert witnesses in a variety of fields to explain how a client has been hurt, what they’ve suffered as a result, and what amount of money can make that right. Find out how we’ve recovered $100 million and counting on behalf of deserving clients when you contact us for a free consultation with a personal injury lawyer serving Peoria, Bloomington, Galesburg, and the surrounding region.