What Is the Role of Expert Witnesses in NC Personal Injury Cases?

Expert witnesses can play a crucial role in a personal injury lawsuit by establishing how an accident caused a person’s injuries and testifying to the future costs of the injured person’s medical care and other related expenses. If you or your loved one sustained serious injuries due to someone else’s negligence or misconduct, you should seek the guidance of an experienced personal injury attorney.

Our Jacksonville personal injury attorneys at The Law Offices of John Drew Warlick, P.A. have access to a network of recognized experts who can reconstruct accidents and provide medical expertise on the long-term effects of serious injuries. In certain cases, our law firm may hire professionals with specialized knowledge and training to serve as expert witnesses in a personal injury claim.

What Is an Expert Witness?

An expert witness is someone who, because of their education and experience, can provide credible explanations and opinions to support personal injury claims and settlement demands. At trial, they can assist your legal team in clarifying complex issues in your case. Depending on the nature of the case, your attorney may consult with a doctor, engineer, psychologist, commercial truck mechanic, or accident reconstructionist to serve as an expert witness. Expert testimony can play a significant role in the outcome of your case.

Even before trial, expert witnesses can affect the settlement value of your case. The opposing party and their defense attorney will have an opportunity to review your expert’s report and take their deposition before proceeding to trial. The findings of your witness may compel an insurance company and its defense team to try to settle the case if the defense expert’s opinion cannot controvert your expert’s opinion.

Are There Different Types of Expert Witnesses?

Yes, witnesses with various types of expertise are utilized, depending on the specific facts and circumstances of the legal case. Some examples of expert witnesses used in personal injury cases include the following:

• Accident reconstructionists – An accident reconstructionist is typically an engineer who applies scientific principles to recreate the events leading up to car accidents or other serious incidents, demonstrating how the accident occurred.
• Medical experts – Medical professionals, including doctors and surgeons, can provide opinions concerning the extent of your injuries, recovery prognosis, and the potential long-term effects of the injury. They can also provide the critical evidence you may need to show the direct link between the accident and your injuries.
• Forensic experts – A forensic expert may be necessary in your case if a product failure caused an accident, or evidence, such as a toxicology report, will be presented at trial in support of your claims.
• Economists – When catastrophic injuries cause lost wages and affect your future earning capacity, an economist may serve as an expert witness to discuss how the accident impacts your ability to earn an income to support your family.
• Psychological experts – A psychologist may be called to offer an opinion concerning the emotional or psychological injuries you suffered in an accident, such as post-traumatic stress disorder (PTSD) or anxiety. Your medical expenses may include the costs of future medical treatment for PTSD, for which you may seek personal injury compensation.

How Is An Expert Witness Selected for a Personal Injury Case?

Your attorney will select an expert witness if needed for your case. Your lawyer will also review the injury cases in which they previously testified. By thoroughly analyzing these cases, your attorney can determine whether the expert is sufficiently qualified to offer a helpful opinion in your case.

What Is ‘The Daubert Standard’ and How Does It Apply to Expert Witnesses?

The Daubert Standard, originating from the United States Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., provides courts with a framework for assessing the admissibility of expert witness testimony. Specifically, the court will determine whether it is reliable, relevant, and thus admissible at trial. Relevance refers to whether the evidence assists the judge or jury in evaluating an alleged fact in the case. Reliability means that the evidence offered must be based on scientific methods and procedures.

The Daubert case established several factors to help courts evaluate scientific evidence. Under the Daubert factors, an expert’s opinion will be admissible if it is supported by certain grounds for their scientific conclusions, even if the expert’s methods are flawed or alternative conclusions arguably exist.

Why Might I Need An Expert Witness In My North Carolina Personal Injury Case?

Your attorney may determine that you need an expert witness in your personal injury law case because of its complexity or legal issues in dispute. Every personal injury case is different, so the evidence needed to prove the case varies. For example, you may need an accident reconstructionist to explain the mechanics of how an accident occurred and demonstrate the at-fault party’s negligence. Suppose the severity of your injuries is at issue. In that case, a doctor who can offer an expert opinion about your injuries and the extent to which future surgery and future medical attention will be needed may be required.

Can Calling an Expert Witness Have Any Negative Consequences?

While a strong expert witness can provide the credibility you need for your arguments, a poorly-prepared or weak expert can negatively impact your case if they fail to support their conclusions with scientific evidence or perform poorly on the witness stand. To avoid any adverse consequences, your attorney will carefully evaluate a potential expert to determine their credibility and identify any weaknesses that the defense attorneys could use to discredit them. An established law firm such as The Law Offices of John Drew Warlick, P.A., has a network of nationally recognized professionals whom it calls upon to serve as expert witnesses.

Can an Expert Witness’s Testimony Be Challenged in Court?

At trial, the defense attorney has an opportunity to cross-examine your expert witness as part of the legal proceedings. The defense may challenge the expert’s education and attempt to demonstrate that their work experience is inadequate. The defense counsel may try to discredit the methods used to arrive at their conclusions. These defense strategies highlight why your attorney will work hard to find witnesses best suited to support your case.

Contact a North Carolina Personal Injury Lawyer

When you hire a Jacksonville personal injury lawyer from The Law Offices of John Drew Warlick, P.A., you will have an experienced lawyer handling your case. As a well-established firm with extensive resources, we have access to nationally recognized experts in many fields to help develop cases involving personal injury, commercial truck accidents, medical malpractice, and wrongful death. Please see our case results and client testimonials to learn more about our law firm. Our goal is to hold the at-fault party legally responsible and demand the full compensation you need to move on with your life.

Not only does our firm have three generations of attorneys serving the people of Jacksonville, NC, but we are also well-versed in the unique aspects of legal representation of military personnel. When you are ready to discuss your legal options for a personal injury case, contact us to speak to a personal injury attorney in a free case evaluation.