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When Should You Get an Expert Witness Involved in a Personal Injury Claim?

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Colleen Mriglot

Attorney Partner at West Sound Injury Law Bainbridge Island WA.

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After a personal injury, navigating legal complexities can be overwhelming. Whether you are dealing with insurance claims, disputes over liability, or preparing for a trial, one critical decision can significantly impact the outcome: getting an expert witness involved. Expert witnesses bring specialized knowledge and credibility to the proceedings. They can offer insight that can sway opinions and strengthen your case. Sometimes expert witness testimony is required, based on the circumstances of the claims. But when exactly should you consider bringing in an expert witness? Let’s explore the key scenarios where their involvement can be pivotal:

  1. Complex Liability Issues
    Car accidents injuries often involve complex questions of liability. Determining who was at fault can sometimes be straightforward, but in many cases, it’s nuanced and the science involved can be confusing to the average person. An expert witness, such as an forensic accident re-constructionist, biomedical engineer, or construction safety engineer can analyze the scene, vehicle damage, forces upon the human body, premises, and other evidence to provide an unbiased opinion on how the accident occurred, the force involved, and who might be liable. Their expertise can clarify the sequence of events and help establish a clear narrative in your favor.
  2. Medical and Injury Causation
    Injuries resulting from car accidents can vary widely, from minor bruises to severe trauma. In cases where the nature and extent of injuries is contested, a medical expert witness can provide crucial insights. These professionals, often doctors specializing in relevant fields like orthopedics or neurology, can review medical records, conduct examinations, and testify about the nature and impact of injuries, including the mechanics involved. Their testimony can link the accident directly to the injuries claimed, establishing causation and the need for compensation. For instance, in medical negligence cases, expert opinion as to causation is essential.
  3. Economic Damage Assessment
    Proving the extent of economic damage is essential for securing fair compensation. An expert witness, typically an economist or valuation expert, can analyze and evaluate the financial harms involved. They assess the economic losses suffered by a plaintiff such as with wages and loss of earning capacity, including any future losses. As part of their analysis they typically provide detailed reports about the factors that support your claim for damages. This evidence is particularly valuable in disputes where insurers or opposing parties downplay the severity of the economic losses and involve technical understanding of various data.
  4. Human Factors and Behavioral Analysis
    Human behavior plays a crucial role in car accidents, from driver actions to reaction times and decision-making. Human factors experts can analyze these aspects to determine if factors like distracted driving, impaired judgment, or fatigue contributed to the accident. Their insights can highlight negligence or reckless behavior, strengthening your argument for liability and potentially influencing settlement negotiations or court judgments.
  5. Vocational/Life Care Planner
    A vocational rehabilitation expert assesses and opines about disabilities or other health conditions related to employment. This involves whether an injured or disabled individual will be able to return to certain employment and what, if any, jobs they may qualify for. The primary goal of a vocational expert is to assist such people to achieve maximum independence and employment potential after an injury. Some key functions are: assessing physical, psychological, and vocational ability; evaluate personal skills, interests, and education; and to develop plans tailored to the needs of their clients. They also present written reports and testimony in court in supporting these matters.
    Many vocational experts also conduct life care planning, which entail long term care plans for those experiencing chronic illness, chronic injury or permanent disabilities. Their work involves conducting a thorough assessment of the person’s functional abilities and limitations, evaluating their needs and resources, and creating a detailed and personalized care plan. These can include short and long term goals and the necessary steps to achieve them. Often a life care planner works with other providers to coordinate care, such as with doctors, therapist, social workers, or other professionals depending on the circumstances. They also provide supportive advocacy for the individual’s needs and rights within the civil justice system.
  6. Functional Capacity Evaluation
    A functional capacity evaluator (FCE) is a specialist, often in areas such as physical therapy or psychology, who assesses a person’s physical and/or cognitive abilities to determine their capacity to perform work related tasks and daily activities. These can be helpful to support disability claims, vocational rehabilitation needs, and life care plans. FCE experts administer testing to measure an individual’s functional abilities. Often this testing lasts several hours to all day long. They are rigorous and thorough. The expert then creates specialized reports that summarize their findings and provide recommendations for work modifications, alternate employment, or therapeutic interventions.

 

Expert Testimony in Court
If your injury case goes to trial, expert witnesses can provide compelling testimony that goes beyond the layperson understanding. Judges and juries rely on their expertise to understand technical details, interpret evidence, and form educated opinions. Well-prepared expert witnesses can effectively communicate complex information in a clear and persuasive manner, making them invaluable assets in achieving a favorable outcome in court.

When to Act
Deciding when to involve an expert witness depends on the specifics of your case. Ideally, consult with a personal injury attorney early in the process. They can assess the circumstances, advise on the potential benefits of expert testimony, and recommend specialists based on the issues at hand. Time is often of the essence in gathering evidence and preparing expert reports, so prompt action is crucial to building a strong case.

Conclusion
In cases involving significant injury, the decision to involve an expert witness can significantly enhance your chances of achieving a favorable outcome. From establishing liability and injury causation to providing detailed damage assessments and behavioral analysis, their expertise adds depth and credibility to your case. Whether you’re negotiating a settlement or preparing for trial, their insights can be essential in presenting compelling evidence and securing the compensation you deserve. Don’t hesitate to leverage their knowledge when navigating the complexities of an injury case—it could make all the difference.

Disclaimer: The purpose of this post is to provide general information and a general understanding of the law in Washington State, not to provide specific legal advice. By accessing this blog site you understand that there is no attorney-client relationship between you and West Sound Injury Law and/or Sherrard McGonagle Tizzano & Lind, P.S. This post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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