If you or someone close to you has been injured as a result of someone else’s negligence, you need to be equally compensated for the damages and injuries according to law. But the process that you’ll have to go through to win your claim may not always be an easy task. You will be faced with the burden of proof. You will need to demonstrate to the court that the injuries and damages were as a result of the defendant’s negligence. And in some situations, you will require an expert witness with specific technical knowledge in a particular field to testify for you. But what exactly are the roles of the expert witnesses often called upon? Read on.
- They Prove Negligence
For you to win your claim and get compensated for the damages and resulting injuries, you will have to provide proof to the court that these were as a result of the other party’s negligence. In most personal injury cases, the defendant will most likely deny being responsible for the accident and hence the resulting injuries. In such instances, expert witnesses will be called upon by personal injury lawyers to prove to the court that the damages and injuries were as a result of the negligence of the defendant. But how will you ensure to hire an expert witness fit for your case? Simple, you need to consult an attorney with experience and significant success in representing injury victims with similar cases.
- They Clarify Evidence
In any personal injury case, the availability of enough relevant evidence is vital. Without the evidence, it will be almost impossible to prove to the court that the defendant was negligent and is the cause of the damages and resulting injuries. However, some of the evidence that you may have may be very complicated. This may affect the outcome of your claim if presented to the jury as complicated as they are. Chances are, the jury might dismiss the claim for lack of enough clear evidence. And I doubt if you would want this to happen to you. Of course not. Your personal injury lawyer will look at the evidence available upfront and advise you if there will be a need for an expert witness to help clarify the evidence for the court.
- They Advise on Complex Medical Issues
The jury does not normally make decisions involving complex medical issues on their own. They need help from a medical professional or a physician. The experts will assist the jury in offering their opinions on the possible causes and extent of the damages. They will then advice on expected time of healing, possible complications, and further expenses to be incurred during recovery. The jury often requires experts from both sides to give their opinions and thereafter make the decision depending on the credibility of the experts. Expert witnesses are almost always involved in legal matters occurring in the medical field. If you file a claim seeking compensation for medical malpractice by a professional, a physician will be called upon to testify that the injuries are as a result of the professional’s breach of care.
Selecting an appropriate expert for your case is very key. You should never compromise losing the claim just because the ‘expert witness’ you hired messed up by failing to provide the professional expertise required to win your case. You and your attorney should be keen on qualification and relevance when selecting an expert for your case. The expert should possess the necessary skills, background, training, and education.