You decided to file a personal injury case. You met with your lawyer, and they mentioned that you would need an expert witness to strengthen your claim.
But what exactly is an expert witness? And who takes care of finding that person?
At Shapiro, Washburn & Sharp, we regularly work with expert witnesses in personal injury cases. Over decades of representing injured people, our firm has developed professional relationships with respected medical professionals, engineers, economists, and other specialists who help explain complex issues clearly and honestly.
That experience is one reason our Norfolk personal injury attorneys have earned national recognition, including a 10.0 “Superb” rating from Avvo, the highest rating available for legal ability and ethics.
If you’re thinking about filing a personal injury claim, contact us at 833-997-1774 for a free consultation today. You can find more information about expert witnesses below, and we will also be happy to answer any of your questions.
What Is an Expert Witness?
An expert witness is someone with specialized education, training, or experience in a particular field who is allowed to give opinion testimony in a legal case. Unlike an ordinary witness, who can only testify about what they saw or heard, an expert witness can explain why something happened and what it means. They help the judge and jury understand complicated information that the average person usually wouldn’t know.
For example, if your case involves a car accident where the other driver claims their brakes failed, a mechanical engineer who specializes in automotive systems could examine the vehicle and provide an expert opinion on whether the brakes actually failed or the driver was at fault for the accident.
Why Is The Expert Witness Important?
Insurance companies are always looking out for their bottom lines, so they may challenge your injury claims or question how severe your injuries were. They may argue that you’re exaggerating your symptoms or that you had the injury before the accident.
Expert witnesses can help counter these arguments with their professional analyses. Their role is not to take sides, but to apply their training and expertise to the facts of the case. A qualified and reliable expert witness can turn medical records, test results, and technical data into a clear explanation of how an injury occurred and what its long-term consequences might be.
Common Types of Expert Witnesses
Norfolk personal injury cases can involve many types of expert witnesses. It all depends on the type of accident you were in and the injuries you suffered.
Medical Experts
These may be the most frequently used expert witnesses in personal injury cases. They may include doctors, surgeons, nurses, physical therapists, or other healthcare professionals who can explain your injuries, the treatment you needed, and how your injuries will affect you in the future. They may testify about the severity of your injuries, whether you’ll need additional treatment in the future, and how your injuries affect your daily life and ability to earn a living.
Accident Reconstruction Experts
These witnesses help piece together what happened in the accident. They use physics, mathematics, and their knowledge of how vehicles and objects move to recreate the accident scene. They might use computer simulations, photographs, skid marks, and damage patterns to show who was at fault.
Economic Experts
How will your injury affect you financially? This is the question an economic expert will answer. They will determine how much money you’ve lost in wages already, then calculate how much you may lose in the future if you can’t return to your previous job. They can also help figure out how much ongoing medical care and other expenses will cost in the long-run.
Vocational Experts
Will your injury prevent you from returning to work? A vocational expert may be brought in to answer this question. They will evaluate your injury and the job you did before, then determine whether you can realistically return to that job or if your injuries prevent that. If so, they evaluate what type of work you may be able to do instead and how that will impact your future earning potential.
Life Care Planners
These witnesses create detailed plans outlining all the medical care, equipment, and services you’ll need for the rest of your life. This is especially important in cases involving severe or permanent injuries.
Engineering Experts
These experts may be needed in cases involving defective products, construction accidents, or premises liability cases. They can explain whether a product was defectively designed, whether a building met proper safety codes, or whether equipment malfunctioned.
What Should We Look For in Expert Witnesses?
Not every professional with a degree qualifies as a good expert witness. At Shapiro, Washburn & Sharp, we look for specific qualities in expert witnesses that will help make their testimony credible and persuasive.
- Credentials and qualifications: The expert should have an impressive education, training, certifications, and experience in their field. The more experienced they are, the more weight their testimony carries.
- Relevant experience: It’s not enough for an expert to be experienced in their field. They should be experienced with the specific type of accident you experienced. An orthopedic surgeon who regularly treats spine injuries is more valuable in a back injury case than a general practitioner.
- Communication skills: The expert has to be able to explain concepts in simple terms that regular people can understand.
- Credibility: The expert should have a solid reputation without any history of questionable testimony or ethics violations.
- Objectivity: The best expert witnesses appear fair and unbiased, basing their opinions on facts and evidence.
- Trial Experience: Experts who have testified in court before know how to handle cross-examination and pressure from opposing counsel.
How Much of a Difference Does an Expert Witness Make?
An expert witness can make a huge difference in the outcome of your Norfolk personal injury case. In many cases, it may make the difference between winning and losing. And it’s not only in a trial that they are needed—expert witnesses can also influence settlement negotiations. If the opposing insurance company knows that you have strong expert testimony lined up, they’re more likely to offer a fair settlement than to risk going to trial. They know that credible experts can sway juries and lead to larger verdicts.
If you were seriously injured in your accident, expert testimony could add thousands or even millions of dollars to your compensation.
How A Personal Injury Lawyer Can Help
At Shapiro, Washburn & Sharp, we know which expert witnesses your case needs, and we can bring in those people because of our long-term established relationships with them. We also understand how to prepare them for testimony, what questions to ask, and how to present expert evidence in the most compelling way.
In one serious case involving a serious car accident, for example, our Norfolk personal injury lawyers represented a client who had suffered a serious shoulder injury. The insurance company repeatedly disputed that the crash caused the injury, saying our client suffered it in some other way. We worked with a medical specialist who confirmed the injury could only have been caused by the crash. This expert was willing to testify at trial. After preparation for that trial that included this expert’s evaluation, the insurance company agreed to a substantial mediation settlement.
If you or a loved one is concerned about securing a reputable expert witness, contact our offices right away. We have offices in Kitty Hawk and in Norfolk, Virginia Beach, Suffolk, Chesapeake, Hampton, and Portsmouth.
