You sustain a variety of damages when you are injured in an accident. Depending on the circumstances of your accident, you may suffer physical injuries, financial losses, and emotional damages. You may receive compensation if another person or party caused the accident. In some cases, you may need an expert witness to help you recover that compensation.
Indiana’s personal injury laws, product liability laws, and premises liability laws allow you to recover compensation for damages caused by the negligent actions of another party. However, you must prove the legal elements of each action to recover money for your claim. In most cases you must prove that you were injured, the party was responsible for causing the injury, and you suffered damages because of your injuries.
Proving Negligence in a Personal Injury Case
To prove the other party was negligent, you must have evidence. The evidence used in a personal injury case varies from case to case. However, evidence commonly used in a personal injury case includes:
- Physical evidence, such as evidence from a car accident scene
- Medical records and statements
- Proof of loss of income
- Eyewitness testimony
- Expert witness testimony
Most injury cases always include the first four types of evidence listed above. Expert witness testimony is not necessary in every injury case. However, when expert witness testimony is necessary, this type of evidence can be very compelling and convincing to a jury.
What is Expert Witness Testimony?
Examples of witnesses in an injury case include the parties to the action, eyewitnesses, and other individuals who have information directly related to the claim. An expert witness is an individual who has expertise in a specialized field. The court recognizes that this person is an expert in the field because of the person’s elevated level of education, experience, and training related to the particular field.
A party may use an expert witness to help explain difficult and complex issues to the jury in terms the jury can understand. Because the witness is an “expert,” the jury may view the witness’s testimony as having more weight and substance compared to the testimony of other witnesses. In other words, the expert witness can help add credibility to the party’s arguments and allegations.
On the other hand, a party may use an expert witness to challenge the other party’s allegations and arguments. The expert witness may testify about the weaknesses or “holes” in the other party’s position.
What Types of Expert Witnesses Are Used in Personal Injury Cases?
Several types of expert witnesses may testify in a personal injury case. The expert witness you choose depends on the facts and circumstances in your case. However, some general types of expert witness an attorney may hire in a personal injury case include:
- Medical Experts
- Financial Experts
- Mental Health Experts
- Accident Reconstruction Experts
- Engineering Experts
- Manufacturing Experts
The expert witness must have knowledge related to the specific issues and facts involved in the case. For example, if your injury claim involves a defective vehicle air bag, you need an expert who has advanced knowledge of the construction, installation, and operation of a vehicle air bag.
Contact an Indianapolis Personal Injury Attorney for a Free Consultation
The PBAR legal team utilizes a variety of investigative techniques to identify the cause of your injury and the party or parties liable for your damages. We have a network of investigators, experts, and other professionals we can call upon to assist attorneys in proving you are entitled to compensation for your injuries, losses, and damages.