As experienced personal injury lawyers, we know how the strength of evidence impacts the outcome of a compensation claim. While witness accounts from laypersons and medical records are important, expert testimony is often key to a successful claim.
What is an Expert Witness?
An expert witness is a qualified professional with specialised knowledge, skills, and experience in a specific field. They prepare written reports outlining their findings, opinions and conclusions to be used as evidence in a legal case. If the matter proceeds to court, the expert may be called upon to provide their opinion and expand upon complex matters. Their purpose is to provide an objective and unbiased opinion on the subject matter for which they have been retained, to assist the court in understanding the technical aspects of a case.
Different types of expert witnesses may be involved in a personal injury case, for example:
- Medical professionals (specialists in neurology, orthopedics, psychiatry, etc.)
- Accident reconstruction specialists
- Vocational rehabilitation specialists
- Economic loss experts
When are Expert Witnesses Needed?
Not every personal injury case requires an expert witness. However, the involvement of an expert becomes fundamental when the cause, extent, or future impact of your injuries is in dispute. An expert may be engaged to prepare an independent report which sets out their opinion regarding such matters.
Common scenarios where expert witnesses can assist with a personal injury claim include:
Medical Negligence – if a claim involves medical malpractice, a medical expert can provide an opinion on whether a standard of care was breached and, if so, how it directly led to the injuries sustained by the claimant.
Serious Injuries – for complex injuries like brain or spinal cord injuries, a medical expert can explain the severity, prognosis, and long-term effects.
Loss of Earning Capacity – a vocational rehabilitation specialist can assess an injured person’s injuries and limitations and estimate their future earning potential.
Accident Liability – an accident reconstruction specialist can use scientific methods to analyse the accident scene and help determine fault. This is particularly important in complex traffic accidents.
Economic Loss – an economic loss expert can calculate the financial impact of a person’s injury, including lost wages, future medical expenses, and loss of earning capacity.
How Can Expert Witnesses Strengthen Your Case?
It is important to understand the role of an expert witness. While an expert may be engaged by you or your lawyer, their role is not to argue your case but to assist the court without bias. They must form their opinion based upon their expertise and the objective facts. Experts are held to a high standard of impartiality and must provide an objective and unbiased opinion.
That said, expert witnesses can bring significant value to your personal injury claim through:
Credibility and Objectivity – because of their duty of impartiality, qualifications and experience, an expert’s opinion carries significant weight. They present their findings based on objective analysis and established principles within their field.
Complex Explanations – medical jargon, accident dynamics, and economic calculations can be confusing. Experts simplify these matters and translate them into understandable terms, elucidating the meaning of otherwise complex concepts and their full impact.
Supporting Evidence – expert testimony strengthens your claim by providing a credible and independent voice which can corroborate your claim.
Negotiation Leverage – a supportive expert report can strengthen your negotiating position. A well-supported case can encourage insurance companies/defendants to offer a fairer settlement.
What to Look for When Choosing an Expert Witness
It is important to choose an expert witness with qualifications and experience that align with the circumstances of your personal injury claim.
An expert should have a reputation for impartiality and objectivity. If a court finds that an expert is not qualified to provide the opinion sought or is not impartial, the expert’s report may not be admitted as evidence.
An expert should have good communication skills and be able to explain complex concepts in plain language. For logistical reasons, it is ideal if an expert is located within a reasonable distance of the court and available to appear at your scheduled hearing to elaborate upon their opinion as expressed in their written report.
In preparing their report, the expert will require the provision of all documentation relevant to your case and a set of targeted questions to be addressed in the report.
Our solicitors have long established relationships with credible experts and will assist you in retaining a reliable and qualified expert, well suited to your case.
Conclusion
When pursuing a personal injury claim, engaging an expert witness to give evidence can be critical to maximise your chances of success.
Expert testimony can clarify complex issues, strengthen your case, and ultimately, help you receive the compensation you deserve.
This is general information only and does not constitute legal advice. If you or someone you know wants more information or needs help or advice, please call 08 8443 4888 or email [email protected].