Dangers of Highway Work Zones
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KNR Legal Blog
The litigation process during a personal injury case often involves the introduction of at least one expert witness. An expert witness is a person who is summoned to testify in a court proceeding due to their particular experience or specialization that is significant to the case. There are various types of expert witnesses, but they all serve a critical purpose at trial. These witnesses establish or refute causation and help resolve questions of liability by offering their professional or technical knowledge on a particular subject or question.
Our attorneys at Kisling, Nestico & Redick know how to use expert witnesses to your advantage in your case. If you have suffered a serious injury as a result of another party’s negligence, our Ohio personal injury attorneys can evaluate your case and gather the resources necessary to help you obtain the compensation to which you may be entitled.
To set up a free consultation, call us today at 1-800-HURT-NOW.
Attorneys often use two different types of expert witnesses: consulting and testifying experts. Both types of experts can provide similar information, but attorneys use the information each expert provides differently.
A consulting expert provides important information regarding the case to the attorney, but they do not testify in court. Although attorneys are highly knowledgeable in their areas of practice, they often require the assistance of an expert to explain complex issues or subjects. Consulting experts help attorneys understand how to present their cases more effectively.
On the other hand, a testifying expert serves as a witness in the courtroom and delivers a testimony to the judge and jury. These experts have the ability to present their expert opinions in a manner that is easy to understand for those who are not experienced in their field.
A testifying expert’s testimony must adhere to the rules of witness discovery. In this case, the opposing attorney is permitted to have access to the information offered by these experts in advance in order to prepare a rebuttal.
Personal injury attorneys sometimes hire an accident reconstructionist to analyze the aftermath of a car crash and reconstruct the event that occurred. These types of expert witnesses participate in the investigation by inspecting the scene of the accident and reviewing statements and testimony from others. They then apply their education and scientific knowledge to determine the cause of the accident, who was at fault, and other important conclusions vital to the case.
Attorneys also use expert witness testimony in product liability cases. Experts in this area can use their knowledge and experience to inspect and evaluate a product to provide a professional assessment of the design or manufacture. Expert witnesses can determine whether the product is defective and what improvements could have prevented the harm that occurred.
Expert witnesses are used quite often in medical malpractice lawsuits. In these cases, the plaintiff has the burden of proof to show that the medical professionals failed to provide an expected standard of care to patients. Attorneys rely on these experts to present evidence to the court. In particular, these experts can make medical terms and other confusing topics easy to understand for the judge and members of the jury who may not have the same educational or professional knowledge.
Securing an expert is not as simple as picking a name out of a directory. It is a strategic move that requires significant legal resources. When KNR takes on your case, we manage the entire “expert lifecycle”:
The insurance company will almost certainly hire their own “experts” to downplay your injuries or shift blame. These are often professionals who earn a significant portion of their income by testifying for insurance firms. KNR counters these tactics by:
Your treating physician is a “fact witness.” They testify to what they saw and did. However, a “testifying expert” (often a different doctor) is brought in specifically to provide an opinion on future care, permanent disability ratings, or whether a specific medical error caused your injury. Having both reinforces your case.
No. Expert witnesses are expensive, often charging thousands of dollars for a single report or day in court. At KNR, we advance these costs as part of your litigation expenses. You don’t have to worry about paying for a world-class expert out of your own pocket while you are recovering.
It can. Experts need time to review evidence and conduct their own tests. However, a comprehensive expert report often speeds up a settlement. When an insurance company sees that we have a high-level expert ready to testify, they are much more likely to offer a fair settlement to avoid the risk of a trial.
This is a specialized expert common in catastrophic injury cases. They calculate the total cost of your medical needs, home modifications, and specialized equipment for the rest of your life. This ensures we aren’t just guessing at your future needs.
The average person cannot simply call a top-tier accident reconstructionist or a neurosurgeon and ask for a report. These experts prefer working with established law firms that understand the rules of evidence. By hiring KNR, you gain access to our extensive network of vetted professionals. We handle the scheduling, the massive amounts of data exchange, and the legal preparation required to turn their scientific knowledge into a winning argument for you.
At Kisling, Nestico & Redick, our Ohio personal injury attorneys can fight for you and your legal rights. We have years of experience helping those who have suffered because of another’s carelessness, and we can help you pursue compensation for your damages.
Contact us today at 1-800-HURT-NOW to schedule a no-cost case evaluation with a skilled attorney.