Expert witnesses testify in all types of personal injury cases. They may be consulted and used during a case’s investigation, discovery, and/or trial phases. The circumstances of the case and other factors determine whether an expert witness would be helpful for your personal injury claim.
Who Is Considered an Expert Witness in a Texas Personal Injury Case?
An expert witness is an individual who has specialized knowledge of a specific subject. An expert helps judges and jurors understand complicated and technical information relevant to the case. Rule 702 of the Federal Rules of Evidence defines an expert as qualified because of skill, knowledge, training, experience, or skill.
The Texas Rules of Evidence are similar to the federal version. Rule 702 of the Texas Rules allows an expert with the above qualifications to “testify in the form of an opinion or otherwise” if the expert’s knowledge will help the trier of fact determine a fact in dispute or understand the evidence.
Therefore, an expert is only permitted to testify in court when there is a dispute that the expert can help clarify by providing specialized, scientific, or technical knowledge. Experts can also testify to refute the evidence presented by the other party.
Examples of Expert Witnesses in Dallas Personal Injury Cases
The type of expert witness your attorney may use depends on the issues in dispute. Experts are helpful in several ways to help prove the facts of a case. Examples of personal injury expert witnesses include, but are not limited to:
- Accident reconstructionists assist in proving how a traffic accident occurred to establish causation and fault for a negligence claim. Texas is an at-fault state, so you must prove the other driver caused the accident to recover damages.
- Medical specialists can testify regarding several matters, including the severity of injuries, the medical standard of care required in a case, and how a doctor deviated from the medical standard of care. An expert report is required to be served on each defendant in a medical malpractice case.
- Engineering experts assist in numerous cases, including product liability, premises liability, and motor vehicle accidents.
- Financial experts assist attorneys in calculating economic and non-economic damages, including future lost wages, ongoing medical/personal care, and diminished earning capacity.
- Manufacturing experts are often used in product liability cases to explain the manufacturing process and how an error in the process could cause a product to be defective.
- Transportation safety experts may testify about the use of safety devices and systems in vehicles and how those systems or devices could impact a victim’s injuries or contribute to the cause of a car accident.
- Vocational rehabilitation experts assess how a victim’s injuries impact their ability to work, including limitations on the types of work a person may perform, given the level of their impairment.
- Trucking industry experts assist in commercial truck cases by explaining the complex systems required for commercial vehicles, trucking regulations, and other matters related to commercial trucks.
- Life care planning experts assess how a disability impacts a person’s ability to care for their daily needs, quality of life, and life expectancy.
- Electronic records experts help judges and jurors understand complex data and data systems.
Your Dallas personal injury lawyer will consult expert witnesses as needed for your case. Our law firm, for instance, works with top-rated experts in their fields to strengthen your case.
Why Do Dallas Personal Injury Lawyers Hire Expert Witnesses?
Personal injury attorneys may work with expert witnesses during the investigation and discovery phase of a personal injury case. They may also testify at hearings or at trial.
Examples of ways personal injury lawyers use expert witnesses in cases include, but are not limited to:
- Estimate the long-term costs for a victim who has a disabling condition or impairment.
- Explain the factors that contributed to the cause of a traffic accident and how those factors are attributed to a specific party.
- Analyze data and evidence to provide expert opinions.
- Explain the medical standard of care for a specific situation and how a medical provider’s actions or failure to act was a breach of duty.
Expert witnesses are supposed to be impartial parties providing unbiased opinions based on the evidence. The experts are paid for their time, but they should not have an interest in the outcome of the case. Jurors might give testimony from expert witnesses more weight, but they are not required to do so.
Schedule a Free Consultation With Our Dallas Personal Injury Lawyer
Our legal team at Jay Murray Personal Injury Lawyers works with leading expert witnesses as necessary. We build solid cases proving causation, fault, and liability to increase your chance of receiving maximum compensation for your damages and injuries. Call now at (214) 855-1420 or contact us online for a free case evaluation with an experienced Dallas personal injury attorney.
