The Importance of Expert Consultations in Personal Injury Cases

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The legal process requires injured plaintiffs to prove their damages within a certain degree of certainty. This means that juries cannot simply pick a number they think is fair. It also means they cannot simply guess what happened when the facts are in dispute. In many cases, expert witnesses are necessary to fill these gaps. By extension, this means that expert consultations are an essential tool during pretrial negotiations to demonstrate to the defense what can be expected at trial and promote a settlement.

California’s evidence code allows individuals with demonstrable knowledge, skill, experience, training or education to provide opinion testimony on matters relevant to a particular case. In the context of personal injury, this can include several types of testimony: 

  • Medical professionals can testify as to any injuries or illnesses the plaintiff suffered, the disabilities such conditions would cause and whether such condition can be linked to the accident. 

  • Accident reconstructionists can testify as to how an accident was likely to have occurred, especially when eyewitness testimony is unavailable, conflicted or inconclusive. 

  • Construction and safety experts can testify in premises liability cases as to the presence of unsafe conditions. 

  • Vocational experts can testify as to how a plaintiff’s injuries affect earning capacity. 

  • Economists can testify as to the long-term losses an injury could cause. 

Knowing what experts are best suited to address the issues of a particular case is an important skill for attorneys.

Topics:  Bodily Injury, Expert Testimony

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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