Many Cincinnati attorneys experienced in personal injury law know when to enlist an expert witness to give testimony related to your personal injury claim. Ideally, expert witnesses help the jury or judge understand the complexities of your case to make sound decisions. There are several factors to consider when calling an expert witness to give an objective opinion that can still back up your side of the story.
The Role of the Expert Witness
A personal injury lawyer calls an expert witness as a third party to provide testimony about what caused an injury, the severity of that injury, necessary medical treatment, how much compensation you should receive, and many other aspects supporting your claim. An expert witness must be able to:
- Help the judge or jury comprehend the facts and evidence of the case
- Provide adequate empirical or data-based information
- Show they used sound principles to form unbiased conclusions
- Rely on only their specialty—and not others—to form their opinions
Although the expert witnesses your lawyer calls to vouch for you in court, they still must be objective in their opinion.
Expert witnesses must meet the court’s criteria early in the case to testify. Your lawyer will file a preliminary motion to establish the witness as an expert, which the court must accept. The witness must also present documentation verifying their credentials and might even have to pass specific tests to prove their proficiency. When giving testimony, lawyers from both sides may ask them questions to establish their credibility.
Who Qualifies as an Expert Witness
Expert witnesses in personal injury trials represent many fields of expertise, including medicine, engineering, economics, occupational health, and other areas. The witnesses your attorney calls will vary depending on the circumstances of your accident. These individuals include but are not limited to:
- Accident reconstruction specialists—Often engineers, explain the physical or environmental causes of an accident and who may be liable
- Economists—Discuss the financial costs and economic impact of an accident on the injured party
- Forensic experts—Toxicologists, forensic pathologists, or related professionals who describe the causes of an accident and contributing circumstances
- Highway safety experts—Testify during cases involving at least one moving vehicle, discussing road conditions and factors contributing to the accident
- Mental health experts—Testify about the extent of the pain and suffering the injury caused and the traumatic effect of the accident on the victim’s future mental outlook
- Physicians and other medical experts—Surgeons, nurses, physicians, physical therapists, and other professionals who describe the nature of the injuries and the appropriate and necessary medical treatments
- Vocational experts—Explain the effect of the injury on the victim’s work ability and future earning potential
Who Can Call an Expert Witness?
If you take your claim to court as the plaintiff, your lawyer and the defense attorney can call expert witnesses. The opposing party is permitted to call expert witnesses to refute the evidence our lawyer brings. They are also allowed to cross-examine the witnesses testifying on your behalf.
An Injury Law Firm Near You Can Find the Best Expert Witnesses
Your attorney will call one or more expert witnesses if they believe they can strengthen your claim. An expert’s opinion can have tremendous sway in a judge or jury’s final determination of liability and damages awarded.
The attorneys at Clements, Taylor, Butkovich & Cohen, LPA, Co., have connections with medical, economic, forensic, and other professionals in the tri-state area who can provide compelling testimony when necessary. Your lawyer will work hard to understand the details of your case to determine what kinds of expert witnesses can back up your story.