Personal injury cases can involve complex factual issues. Explaining these matters to judges, jurors, and even insurance adjusters can play a key role in winning a case and determining the amount of compensation awarded.
The evidence presented in a case can include witness testimony, documents, and physical objects. Witnesses are further categorized into fact witnesses and expert witnesses. Fact witnesses testify about what they perceived or did. Expert witnesses provide opinions that interpret the facts based on their fields of expertise.
The Role of Expert Witnesses
Under the Texas Rules of Evidence, fact witnesses, also called “lay witnesses,” can only testify about their opinions in one situation. A witness can express opinions rationally based on their perceptions.
Thus, they could testify about their belief that a driver did not brake before a car accident because they did not hear the car skid, see smoke from the tires, or smell burned rubber.
Expert witnesses, by contrast, testify almost entirely about their opinions. Specifically, an expert witness did not see or experience the accident. However, they can express an opinion based on an analysis of the accident, injuries, or losses.
Types of Expert Witnesses in Personal Injury Cases
Texas court rules allow experts to testify based on any of the following:
- Education
- Skill
- Knowledge
- Training
- Experience
As a result, you can use an expert with any of those qualifications to provide an opinion about almost any issue involved in a case. Experts in the following fields can often provide relevant evidence in personal injury cases:
- Accident reconstruction
- Product safety
- Medicine
- Economics
- Life-care planning
These experts can review documents in the case, such as health records and medical bills, and explain to the judge, jury, or claims adjuster how they affect the plaintiff’s case.
Expert Testimony Used in a Personal Injury Case
Expert testimony typically begins with an analysis and an accompanying expert report. The report will explain the techniques used to analyze the information. It will also set out the expert’s conclusions. At trial, the expert will testify about the results of their analysis. This testimony will often fall into three general areas.
First, the testimony may help establish liability. Thus, a product safety expert might testify in a product liability case about the factory’s mistakes that made the product dangerously defective.
Second, experts may help rebut the at-fault party’s defenses. For example, an insurance company might accuse an injured motorcyclist of speeding when they were hit by a driver who ran a stop sign. A motorcycle accident reconstruction expert can testify that the motorcyclist was not speeding and, thus, did not contribute to their injuries.
Third, expert witnesses can help prove financial losses, particularly future damages. An economic expert or life-care planning expert can predict the injury-related losses the plaintiff might experience over their lifetime.
Selecting an Expert Witness
An expert must “qualify” as an expert before they can testify in a personal injury lawsuit. The expert must have scientific, technical, or other specialized knowledge that can assist the jury.
Moreover, they must use analytical techniques that are recognized as reliable in their field under the Daubert standard adopted in Texas. Some factors that determine reliability include whether the technique is peer-reviewed and tested. They can also show that the analysis has a known error rate and has standards set within the field.
In addition to technical qualifications, it can be advantageous if the expert witness has experience with serving as an expert witness in litigation. The expert witness will undergo cross-examination during depositions and trial. They should know how to handle themselves on the stand.
Additional Benefits of Expert Opinions
The plaintiff’s lawyer will share the expert report with the opposing party’s insurance company and legal team. In some cases, the expert report will be enough to persuade the at-fault party or their insurer to settle the case instead of risking a trial.
For example, there may be a genuine dispute about whether an accident victim had a preexisting injury. A medical expert can analyze the victim’s records and report that the injuries from the accident differed from the victim’s prior injuries. This report may be strong enough that the insurer offers to settle.
Building a Case With Expert Witnesses
Attorneys often use experts at several points in a case. They may engage an expert early so they can gather the right evidence to prove liability and losses. The expert may provide input as the lawyer constructs their arguments by reviewing their theory of the case.
An expert witness can also testify in court to connect the accident to the defendant’s actions and the plaintiff’s losses. This link can provide the support a judge or jury needs to render a verdict for the plaintiff.
FAQ
Do All Personal Injury Cases Require an Expert Witness?
Not every plaintiff needs an expert witness. Sometimes, fact witnesses will provide enough support for the plaintiff’s case. However, many cases require expert testimony to prove future losses resulting from the plaintiff’s injuries.
How Do I Know if My Case Requires an Expert?
You and your lawyer will discuss case strategy early. Your attorney may recommend hiring an expert if they can strengthen your case.
How Do Lawyers Find Expert Witnesses?
Lawyers often have a network of expert witnesses they know and trust. They will often hire these experts in multiple cases. This relationship gives them confidence in the expert’s work and their ability to handle themselves in court.
Contact Ramsey Law Group to Learn How an Expert Witness Can Help Your Case
Expert testimony can often strengthen an injury case by explaining complex issues to ordinary people. Contact us to discuss your accident and how we might use expert witnesses to help you pursue fair compensation for your injury-related losses.