Expert Witnesses in Personal Injury Cases

Feb 08, 2017 Ohio Personal Injury    Uncategorized

Posted by: Kisling, Nestico & Redick, LLC

You may have heard of expert witnesses, yet not be sure of who these individuals are and what they do during a court case. Expert witnesses are professionals who have education, training, and considerable experience in a specific subject. They are used in personal injury cases to explain complex or technical issues to the judge and jury and to answer questions regarding the accident, your injuries, and your future after being hurt. Whether or not your claim would benefit from one or more expert witnesses depends on the type of accident you were involved in and the type and extent of your physical and emotional injuries.

The Ohio personal injury attorneys of Kisling, Nestico & Redick can explain the advantages of expert witnesses and why they may be useful or necessary in your case. Call KNR today at 1-800-HURT-NOW to find out how we can help you.

Expert Witnesses Help Prove the Elements of a Personal Injury Claim

You must prove multiple elements during a personal injury case based on negligence:

  • The other party had a duty of care
  • The other party breached this duty
  • You were injured due to this breach
  • You suffered a compensable injury

Your attorney begins to prove these elements by providing evidence that the other person or company had a duty toward you and that the party breached that duty. For example, drivers all have a duty of reasonable care, which means they must drive safely to avoid injuring other drivers, passengers, and pedestrians. Driving recklessly or breaking traffic laws could be evidence of a breach of duty.

Next, your attorney will show that because the party did not uphold its responsibility, you were hurt. Your lawyer will offer the insurance company or court information that connects your injury to the party’s negligent actions. Additionally, your attorney will present evidence of your physical, emotional, and economic injuries. This serves to show that you were hurt and to prove you should receive the compensation you requested.

Types of Expert Witnesses You Made Need

To prove all of the elements of a negligence case, you may need expert witnesses. Some of the most common types of expert witnesses retained in personal injury cases include:

  • Accident Reconstructionist: If you were injured in a vehicle accident, there may be questioned as to how and why the collision occurred. Accident reconstructionists are individuals with engineering and physics training. They know how to gather data about the vehicle accident, input this data into sophisticated programs, and recreate how the crash occurred. By reconstructing the accident from beginning to end, these experts can answer questions such as how fast each driver was moving, if and when each driver applied the brakes, the direction and maneuver of the vehicles, and more. This information can help prove who was responsible for a crash.
  • Medical Experts: Personal injury cases often get hung up on whether you are really as injured as you say you are from the accident. Insurance companies or the other party may claim you had previous injuries or that you are exaggerating. Medical experts are used in court to prove your physical injuries, the pain and side effects associated with these injuries, and the necessary treatments and future medical care that can be expected.
  • Life Care Planning Experts: When an accident causes you serious and long-term injuries or disability, you will need to plan for future medical care, such as at-home medical assistance or a live-in caretaker. A life care planning expert can answer questions about your capacity to work, earn money, and live independently, what kind of help you will need moving forward, and how it will cost.
  • Mental Health Experts: Accidents can affect you in more ways than one. Whether or not you suffered serious physical injuries, the traumatic incident may have caused you significant psychological harm. If you have suffered due to depression, anxiety, post-traumatic stress disorder, a phobia, or another psychological condition, a mental health expert can help prove your condition in court and aid the judge and jury in understanding how this trauma has impacted your everyday life.
  • Economic Loss Expert: Financial loss is one of the most detrimental consequences of an accident that leads to injuries. Not only did you lose wages while you recovered, but also if your capabilities have changed, you are likely facing lost earning potential. If you cannot go back to your previous job or you are now unable to work, an economic loss expert can speak to the court about these changes and the total economic loss you are likely to suffer throughout your life due to the accident.

Contact Our Ohio Personal Injury Attorneys Today

If you have been injured in an accident and need to recover compensation, do not hesitate to contact us at Kisling, Nestico & Redick. We have decades of experience handling personal injury claims arising from a diverse range of circumstances. We will investigate your claim and advise you on the best way to move forward to seek the recovery you deserve. If we feel your case would benefit from expert witnesses, we can find and retain the right professionals for your needs.

To learn more, contact us today at 1-800-HURT-NOW or contact us online to schedule a free consultation.