Will Your Injury Case Require Expert Witnesses?

Personal injury attorneys sometimes call in expert witnesses to further solidify their client's case. That sounds like a big and expensive step. You'd be right to wonder whether your case will call for expert witnesses and how they'd be paid. Injury clients should know these four things about the possible need for experts.

Frequently Not Necessary

A lot of injury cases are about the basics of filing a claim. The main questions are often centered on who should be the defendant, what happened to the victim, and why the defendant is liable. Personal injury lawyers usually don't need expert witnesses to address these questions.

Consider a slip-and-fall accident on a wet floor at a convenience store. Most of the evidence comes in the form of medical reports from emergency care after the accident. There might be some surveillance video showing the incident, too. Perhaps a law firm may demand employee work logs to show who was on shift at the time. However, you're probably not going to need an expert to explain why a wet floor is a hazard that a reasonable person should prevent others from encountering.

When Is an Expert Needed?

Generally, expert witnesses come into play when a problem is complex. An attorney might consult with one if a defendant claims a particular medical condition caused them to pass out in the moments before an accident. That defense may help them reduce some of their liability.

Experts also sometimes need to explain how machines, systems, or chemicals work. If an incident involved the safety system on a theme park ride, for example, an expert could supply information about how it was maintained to bolster a negligence claim against the park.

Who Pays for Experts?

It's common for personal injury attorneys to front the fees for experts and then take the costs out of any settlement or judgment that's reached. However, you should always clarify with a law firm what its practices are regarding the acquisition and payment of expert witnesses.

How Are They Used?

Much of an expert's work depends on how far the case goes. An expert might supply a few pages of reports to explain something that goes into the demand package for a claim. If the defense settles the case after seeing the demand, that might be all the expert does. Conversely, an expert might provide hours of testimony in court if the case becomes a lawsuit and goes to trial.

To learn more about this process, contact local personal injury attorneys.


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