The Role of Expert Witnesses in Personal Injury Cases

A personal injury expert witness can play a vital role in accident claims - helping victims pursue the full compensation they deserve. While the success of a personal injury lawsuit often centers around complicated scientific facts and technical issues, experts assist by explaining these complex concepts to a jury. They can also provide an attorney with critical insight about causation, damages, and liability to help strengthen a claim. Depending on the details of a case, different types of expert witnesses in personal injury lawsuits may be called upon.

What is a Personal Injury Expert Witness?

Unlike lay witnesses who testify based on personal observations, a personal injury expert witness offers opinions grounded in their specialized knowledge, training, education, and experience. To qualify as an expert witness under Washington law, an individual must have relevant experience, skill training, knowledge and education in their field. In addition, their specialized knowledge must be able to assist the trier of fact with understanding the evidence in the case or determining a fact at issue.

Types of Expert Witnesses in Personal Injury Cases

There are two main categories of expert witnesses in personal injury matters - consulting experts and testifying experts.

• Consulting Experts - These experts work closely with personal injury lawyers behind the scenes to evaluate the strength of a case and advise them regarding technical matters. Generally, none of the opinions offered by a consulting expert are discoverable in litigation.
• Testifying Experts - These individuals present their opinions in the courtroom and assist the jury with reaching a verdict. Although experts can be hired by either side, their opinions are rendered objectively and without bias. Nevertheless, it’s not uncommon to have both the plaintiff and defendant each bring in their own expert witnesses with conflicting opinions. In such instances, it is up to the jury to determine the credibility of each expert’s testimony and decide who is more reliable.

What Expert Witnesses Can Be Used in Personal Injury Matters?

The expert witnesses used in a personal injury matter will depend upon a number of factors, including the specific issues in the case, the type of accident, and the severity of the injuries. Some common types of expert witnesses in personal injury cases include the following:

• Medical Experts - A medical expert witness can be used in personal injury cases to provide testimony regarding the extent of a victim’s injuries and the physical limitations they have experienced. The type of medical experts brought in to testify can depend on the type of injury and medical treatment needed.
• Accident Reconstructionists - An accident reconstructionist can evaluate evidence from the scene of the accident to recreate the events that led up to it. They often use computer simulations or 3-D renderings to demonstrate liability.
• Vocational Rehabilitation Experts - A vocational rehabilitation expert can help the jury understand the impact the injury had on the victim’s ability to work and their future earning potential.
• Engineering Experts - Engineering expert witnesses may be called upon to evaluate structural defects in premises liability cases or construction accidents. They can also be brought into car crash lawsuits where vehicle defects, hazardous road conditions, or other technical issues may have contributed to the collision.
• Mental Health Experts - Mental health experts, such as psychiatrists and psychologists, can testify about the emotional distress and mental anguish a victim suffered as a result of their accident-related injuries.
• Economic Experts - An economic expert in a personal injury matter can help determine the extent of a victim’s economic damages in connection with the accident. In addition to evaluating the past and present financial impact of a victim’s injuries, an economic expert can also assess a victim’s anticipated medical costs and future loss of earnings.

While judicial approval is not needed for an expert to testify at trial, expert witnesses are instead identified through the discovery process. Specifically, under Washington Superior Court Civil Rules (CR 26), a party may require the other to disclose the names of the experts they will bring into the case through the use of interrogatories. A party must also disclose the issues the expert will testify about, a summary of the facts and opinions they are expected to offer, and the grounds for their opinions. Each side may depose the other’s expert witnesses who are expected to testify at trial.

How Can Expert Witnesses Strengthen a Personal Injury Claim?

Expert witnesses in personal injury actions can help to strengthen a victim’s case by clarifying complicated issues and explaining them in a way the jury can understand. They can also use their knowledge and skill to support the victim’s version of the events that caused the accident - and challenge the defendant’s claims. Although their opinions are objective, solid testimony from an expert can sway the jury, resulting in a favorable outcome for the victim.

Not only can an expert witness be useful in litigation, but they can also support a victim’s position in settlement negotiations outside the courtroom. Strong expert testimony can demonstrate the full impact of a victim’s injuries and the losses they suffered. Additionally, an expert’s opinion could potentially influence the defendant to make a substantial settlement offer, rather than risk proceeding through the litigation process.

Contact an Experienced Washington Personal Injury Attorney

If you were injured due to someone else’s negligence, it’s best to have a skillful attorney by your side who can develop a strategy in your case to ensure you secure maximum compensation. With locations in Burien and Bellevue, Herron Law Office, PLLC works with expert witnesses who can help strengthen your claim and diligently pursues the full amount of monetary recovery available to you under the law. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.