When Expert Testimony Is Used in a Personal Injury Case
June 13, 2023 | Category: Personal Injury | Share"Spivey Law Firm, Personal Injury Attorneys, P.A. aggressively represents clients who have serious injuries and wrongful death personal injury cases. One of the first steps, in any case, is gathering evidence to build a strong case for our clients,” said Florida Personal Injury Lawyer Randall Spivey. “Building an accident case, whether it’s a car accident, motorcycle accident, truck accident, slip and fall accident, nursing home/assisted living facility accident, or any other accident caused by the negligence of another, is not always straightforward. It may require obtaining a wide range of evidence to establish a strong case.”
Eyewitness statements and security camera footage are often the starting point. However, in complicated cases, it may be necessary to obtain expert opinions from qualified specialists, especially if a case goes to trial. These expert opinions may be critical to the success of a personal injury/wrongful death case.
The Legal Information Institute of Cornell Law School Rule 702 categorizes an expert witness as a witness who is qualified as an expert by knowledge, skill, experience, training, or education who may testify in the form of an opinion or otherwise if:
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.
(b) the testimony is based on sufficient facts or data.
(c) the testimony is the product of reliable principles and methods, and
(d) the expert has reliably applied the principles and methods to the facts of the case.
Florida’s standard for expert witnesses says, “The expert must demonstrate knowledge ‘beyond the understanding of the average person.’ The knowledge can be based upon ‘knowledge, skill, experience, training, or education.’ The standard for admission of expert testimony is liberal and broad.
Types of Qualified Experts
There are different types of qualified experts, such as medical experts, accident reconstruction experts, vocational experts, engineering experts, forensic experts, economic specialists, and mental health experts.
Medical Experts
Medical experts include doctors, nurse practitioners, physical therapists, or other medically trained personnel. Medical experts may help the jury understand the pain and suffering a plaintiff may be having because of the accident. They will also be able to confirm any future surgeries that may be needed along with his or her opinion as to the potential of full recovery or limiting conditions.
Accident Reconstruction Experts
Accident reconstruction experts assist in proving who was responsible for the accident resulting in the plaintiff’s injuries or tragic death. These experts use accident scene photos, road markings, and camera surveillance footage.
Vocational Experts
Vocational experts address issues such as whether the plaintiff can return to work, and, if so, in what capacity. They may also offer opinions on how long it may take to retrain the injured victim in a skill set or job so he or she may become independent again. This information will be used to determine lost future wages and benefits.
Engineering Experts
If an accident is caused by a manufacturing or product design defect, an engineering expert may be required to address the issue of how this defect could cause the plaintiff’s injury.
Forensic Experts
Even though in DUI vehicle accidents roadside DUI tests are conducted, sometimes forensic experts can be useful in personal injury cases that involve drunk driving. The amount of alcohol found in the driver’s blood, breath, or urine will be important.
Economic Specialists
Accident victims suffering severe injuries will likely need to take off time from work while they are recuperating. They may even need to accept lower-paying jobs. Economic specialists can help estimate the value of wage losses.
Mental Health Experts
Accident victims may fully recover from their physical injuries but can still suffer from emotional and mental distress. Mental health experts can discuss how an accident victim’s emotional and mental well-being and quality of life have changed.
Florida Personal Injury Lawyers Assist the Injured
All of our clients have unique personal injury cases, and Florida Personal Injury Lawyers are ready to assist the injured 24/7 should you or a loved one be seriously injured in an accident because of the negligence of another. Please contact Spivey Law Firm, Personal Injury Attorneys, P.A., after seeking medical attention, at 239.337.7483, toll-free at 1.888.477.4839, or online at SpiveyLaw.com.