Expert Witnesses in Personal Injury Cases


All personal injury cases involve issues of liability, proof, damages and evidence that will require expert testimony and witnesses. In all personal injury cases, it is critical that all of the expert witnesses agree on the elements of liability, causation and damages in order for the plaintiff to be awarded and collect compensation for his or her injuries.

Why Are Expert Witnesses Important in Personal Injury Cases?

For example, a traumatic brain injury case may include questions of negligence caused by a health care provider, a pharmaceutical manufacturer of a medication given to the victim or by an individual or entity which caused the accident resulting in the injury. A victim’s cognitive capacity, the ability to work and what type of work can be done, medical expenses to treat and meet the victim’s needs and any other psychological harm caused are other ancillary issues that must be addressed. All of these issues will require an expert witness.

Hiring a Personal Injury Attorney

Your personal injury attorney will assemble a team of expert medical witnesses needed to opine on a medical error by your medical practitioner and whether or not it was a negligent act and if it met the applicable standard of care. A neurologist or neuropsychologist may testify as to the victim’s cognitive impairment, diagnose the injury and outline accepted treatment. A psychologist will testify on whether or not the victim is suffering post traumatic stress disorder and how it may have changed the victim’s lifestyle. The psychologist and neurologist must agree on how the nature and extent of the impairment has affected the victim emotionally in coping with the injury and its consequences. This is particularly important because it outlines the necessity and cost of future treatment whether medical or for vocation/occupational training and how it relates to the severity of the injury.

Building a Case

All of these experts must be on the same page in regard to the severity of the victim’s traumatic brain injury in order to present a viable claim that meets the elements needed to prove the injury case. They must present a logical and unvarying theme and diagnosis so as to ensure that the damages will be appropriate based on the severity of the injury, the necessity and reasonableness of past and future damages and the changes to the victim’s lifestyle. In addition, the expert medical witnesses must be authoritative, eloquent and believable such that the jury will be apt to agree with their conclusions.

If you find yourself involved or injured in an accident, the most important thing you can do is to retain an attorney who is knowledgeable in the laws that protect you. It is imperative to have someone with expertise in the laws that govern personal injury accidents; someone who can protect your rights and make sure that you are awarded the appropriate monetary compensation to which you are entitled. The right legal counsel who has access to professional experts will ensure that you are protected and fairly compensated from physical, mental emotional and financial loss.