Using the Testimony of Expert Witnesses to Strengthen Your Case
Expert witnesses can be instrumental in personal injury lawsuits. They provide clarity, lend credibility, and ultimately strengthen your case, significantly increasing the chances of a favorable outcome.
Alaska Rule of Evidence 702 serves as a critical guideline for the introduction of expert witnesses in legal proceedings. This rule particularly states that a witness who is considered an expert because of their background, expertise, training, or education, can provide testimony in the form of an opinion if it aids the judge or jury (the fact-finder) in comprehending the evidence or deciding on a fact in dispute. The testimony given by the expert must be founded on adequate facts or data and must rely on dependable principles and methodologies, which must be applied accurately to the circumstances of the case.
What is an Expert Witness?
A professional who has specialized knowledge in a specific field pertinent to your case gained through their education, training, expertise, or experience, is known as an expert witness. Unlike lay witnesses, who can only testify about what they directly observe, expert witnesses are allowed to share their professional opinions in court. Their primary function is to help the judge and jury understand complex technical matters and make informed decisions.
Types of Expert Witnesses in Personal Injury Cases
In personal injury cases, there are several types of expert witnesses that may be called upon, depending on the nature and complexity of the case:
- Medical experts. These professionals can provide insight into the plaintiff's injuries, the required treatment, and the projected recovery process.
- Technical experts. If the case involves a product defect or an accident at a construction site, a technical expert can shed light on the technical aspects of the case.
- Financial experts. These experts can provide an accurate estimation of present and future financial losses resulting from the injury, including loss of earning capacity and medical expenses.
The Influence of Expert Witnesses
Expert witnesses bring authority and credibility to a case. Their expertise helps substantiate evidence, support claims, and counter the arguments presented by the opposing side. For instance, in a car accident case, a medical expert can explain the severity of the victim's injuries and establish a clear link between the accident and the injuries sustained. This can be instrumental in proving negligence and securing fair compensation.
Moreover, expert testimony can sometimes be the deciding factor in a case. In the famous McDonald's hot coffee lawsuit, Liebeck v. McDonald's Restaurants, many different experts testified about the temperature that coffee should be. The jury was also presented with expert testimony that showed that coffee served at the temperature McDonald’s gave Liebeck could give someone third-degree burns within twelve to fifteen seconds.
Personalized Legal Counsel
Expert witnesses can immensely strengthen a personal injury case. They provide an authoritative voice that can cut through the complexities and uncertainties often associated with such cases. However, it's essential to have experienced legal guidance when deciding to involve an expert witness. A proficient personal injury attorney can evaluate your case, identify the need for an expert, and help you select the right one.
At the Law Offices of David Henderson, our attorney is committed to giving clients the legal counsel and support they need during their cases. From offering you personalized solutions and guidance to connecting you with expert witnesses and gathering evidence, Attorney Henderson is prepared to help.
Our firm handles the following types of personal injury claims:
- Wrongful death
- Medical malpractice
- Maritime accidents
- Dog bites
- Denied insurance claims
- Defective products
- Catastrophic injuries
- Aviation accidents
- Auto accidents
Schedule an initial consultation today by calling (888) 295-6566.