An expert witnesses can play a pivotal role in the outcome of your personal injury case. But how do you know whether an expert is needed? What kind of expert witness do you need?
Let’s talk about the important role of expert witnesses and the types of experts that can make or break your personal injury case. At the end of the day, whether you need an expert and the type of expert you need depends on the unique facts of your case. If you want to discuss your case and whether you should retain an expert, we welcome you to reach out to a motor vehicle accident lawyer at our personal injury law firm.
How to make a successful personal injury lawsuit
If you’ve been hurt by someone else’s fault or negligence, you can bring a personal injury lawsuit to recover compensation for your injuries and losses. To win the lawsuit, you must provide evidence to prove each element of your case, including “liability” (who was at fault for the accident) and your “damages” (the type of injuries you suffered, the precise cause of your injuries, the expenses and lost wages you incurred as a result of the accident, the type of care you need in the future, and how much it is expected to cost, etc.).
Evidence can take many forms, including photographs, documents, eyewitness statements, and medical records. Expert evidence is another type of evidence that is used in personal injury lawsuits, and it can be the key to a favourable outcome.
What is the role of an expert witness in a personal injury case?
An expert witness is someone with specialized knowledge, skills, training, or experience. The expert is called upon to provide an objective opinion on important issues within their area of expertise. Their role is to help non-experts (e.g., judge, jury, insurance companies) understand complex or technical issues, enabling them to make informed decisions. The expert’s duty is to assist the court, not to be an advocate for either party in the lawsuit.
Evidence from an expert witness can be in the form of a written report and/or oral testimony under oath at trial. The unique feature of expert evidence is that an expert can express an opinion based on what they personally observed or based on information provided from other sources. That is not true for other types of witnesses. For example, an eyewitness to a car accident is not allowed to provide their opinion on how the accident occurred or whether a vehicle was speeding, but a properly qualified accident reconstruction engineer can.
Types of expert witnesses in personal injury cases
We just mentioned accident reconstruction experts, who are specially trained to analyze evidence from the scene of the accident (e.g., photographs or videos, eyewitness statements, police reports, vehicle damage, skid marks, measurements) and provide opinions that are crucial to determining fault for the accident.
Here are some of the other types of expert witnesses that are commonly called upon in personal injury lawsuits:
Medical experts. Doctors and specialists are regularly called upon in personal injury cases to comment on issues such as diagnosis, extent and impact of injuries, required treatment, and prognosis for recovery. In fact, it’s not uncommon for a personal injury claimant to hire multiple medical experts, particularly when injuries are severe or wide-ranging (e.g., orthopedic surgeon, psychiatrist, neurologist, physiatrist).
Economic experts. Accountants, economist, and actuaries are frequently called upon to analyze the financial implications of injuries, such as past wage loss, loss of future earning capacity, and loss of opportunities, so that the accident victim is fully compensated. For example, an accountant can calculate what an accident victim is expected to lose in income over their lifetime if they have to change careers or aren’t able to continue working due to their injuries.
Future Care Cost Experts. Costs associated with rehabilitation, treatment, and ongoing medical care are often a significant aspect of personal injury cases. To recover full damages for future care expenses, it’s often necessary to work with an expert who prepares a report detailing reasonable care needs, how much each item will cost (e.g., medication, physiotherapy, attendant care, home/vehicle modifications, and other health care services), and the present value of those expenses.
Vocational Experts. A vocational expert can conduct an assessment and evaluation, then provide a written opinion on the accident victim’s career prospects, ability to return to work, accommodation needs, and/or suitability for retraining or new employment.
It may also be necessary to hire an expert to provide a rebuttal report to critique and comment on written reports and opinions from the opposing party’s expert. For example, if you’re required to attend an independent medical examination (“IME”) and that expert’s findings are not favourable to your case, your motor vehicle accident lawyer may arrange for another medical professional to prepare a rebuttal report.
How do you know if you need an expert witness?
A good rule of thumb is that expert evidence is necessary when an issue to be decided requires knowledge or expertise outside of the knowledge or expertise of an ordinary person. Many of the issues in personal injury lawsuits are complex, making expert evidence a must to bridge the gap between highly technical evidence and the legal elements you must prove to succeed in getting full compensation.
The best way to know if you should hire an expert is to consult with a personal injury lawyer. An experienced personal injury lawyer can review your case, identify the appropriate experts for your case, and connect you with reputable experts as needed.
Expert evidence is only needed if my case goes to trial, right?
The truth is that expert evidence is often the key to avoiding the need for trial. A clear, credible opinion report from a qualified expert tends to carry a lot of weight. It can establish the strength of your claim and persuade the insurance company to make a favourable out-of-court settlement offer.
Your motor vehicle accident lawyer will likely recommend that you retain the right expert(s) as soon as possible after starting your case. The sooner you have an expert’s opinion on your case, the sooner you can enter settlement negotiations bolstered by evidence. Of course, if settlement is not possible, you are then in a great position with expert evidence ready to go.
GET ADVICE FROM AN EXPERIENCED MOTOR VEHICLE ACCIDENT LAWYER
Personal injury cases can be complicated. It’s difficult to know where to begin and what steps you should take. If you or a loved one has been involved in a motor vehicle accident, ATV crash, or another traumatic incident and have suffered injuries, the team at Feifel Gualazzi can help.
We assist in personal injury claims and are committed to providing personalized support to ensure you get the compensation you deserve. We welcome you to contact us today to schedule a free consultation with an experienced personal injury lawyer. Our team is based out of Sault Ste. Marie, serving residents throughout Northern Ontario.