Sometimes, a personal injury claim will require an expert witness. What is an expert witness? Who can act as one? Why don’t all personal injury claims involve an expert witness? What does an expert witness talk about on the stand? In this blog post, a motorcycle accident lawyer will share the answer to each of those questions. It’s our hope that by providing this educational resource that you’ll be better prepared.
What Is An Expert Witness?
According to the Legal Information Institute, an expert witness is someone with specialized knowledge, skills, education, or experience in a particular field who is hired by and called upon by one of the parties. In short, this is a professional in a field who is hired to share their expertise during trial.
Who Can Act As An Expert Witness?
According to the US DOJ Office of Justice Programs, a person must have a particular level of education and experience. For example, a medical doctor may be an expert witness if they treat a specific illness or injury and has a high level of expertise and experience both according to the law and the general definition of the phrase.
A regular witness must generally testify only to facts of the case. Whereas an expert witness may give an opinion about a specific part of the claim. Experts have extensive background in the subject matter.
Do All Personal Injury Claims Include An Expert Witness?
An expert witness isn’t hired for all claims. Generally, they are retained by an attorney to analyze and testify to certain parts of the accident or claim. The goal of hiring an expert witness is to help the court or jurors understand a certain part of the claim. However, regular witnesses are common for almost all cases.
Some of the most common claims that include an expert witness include and not limited to:
- Accident reconstruction;
- Forensics;
- Wage loss analysis;
- Safety;
- Professional negligence; and
- Medical problems resulting from the accident.
What Does An Expert Witness Talk About On The Stand?
When it comes to a trial, non-expert witnesses can only testify to the facts surrounding the case as our friends at Herschensohn Law Firm, PLLC can share. For example, a non-expert witness can’t give an opinion. They answer questions about what they saw or did as it relates to the case.
An expert witness can provide their opinion on various injuries, medical treatment, and even speak on mental health. It depends on why the expert was retained.
Some witnesses, such as treating doctors, may be both expert and fact witnesses and can give their opinion and explain what they saw or did in relation to the case.
If you have a case, a lawyer will find the expert witnesses needed for your case. They will work to find those that will support your claim. If you have recently been injured, you should reach out to a lawyer near you immediately for help so they can start working on your case, including finding expert witnesses if needed.