The Role of an Expert in an Injury Case

Personal injury cases can be complex and challenging to pursue. This is especially true in Alabama, where the courts apply the legal doctrine known as “contributory negligence”. Under this doctrine, if a plaintiff is found to have been even 1% negligent in the case, they are barred from recovering damages. Most other states use a more plaintiff-friendly doctrine known as “comparative negligence”. With comparative negligence, you can be partially at-fault and still collect some damages for your injuries.

In states like Alabama, it is especially important to build a rock-solid case that includes several different forms of evidence. Some of these may include police reports, medical reports, statements from eyewitnesses, photos and videos, and any other evidence that is available to help bolster the case. One important element that can help put these various forms of evidence into proper perspective is the testimony of an expert witness.

What is an Expert Witness?

An expert witness is someone who is distinguished by their specialized education, training, experience, knowledge, and expertise in a certain profession or area of study. The term “expert witness” is kind of a misnomer, because these experts are almost never actual eyewitnesses to the event. They can be extremely valuable, however, because of their ability to speak with authority on a certain factor in the case that could be determinative in the outcome and/or the amount of compensation the victim is entitled to.

Expert witnesses can be expensive, because they must be paid for their time. For this reason, it is important to bring in the right experts based on the specific circumstances of the case. Some of the most commonly called upon professionals in personal injury cases include:

• Accident Reconstruction Experts: When the injured party was involved in an auto accident, truck accident, construction accident, or any other type of accident, an accident reconstructionist can be brought in to determine exactly how the incident occurred, and more importantly, to show (based on their expert analysis) who was at fault for the incident.
• Medical Professionals: Physicians, surgeons, dentists, pain management specialists, medical examiners, rehabilitation experts, mental health professionals, and other health care professionals can speak to important issues such as the seriousness of an injury, its cause, the future care the injury victim may need, and whether or not they will be able to return to work.
• Financial Specialists: If there are damages such as lost wages and a permanent disability, a financial professional could help shed light on the severity of the economic losses.
• Vehicle Experts: With motor vehicle accidents, a vehicle expert can provide insight into issues such as mechanical failure, faulty vehicle parts, and lack of proper maintenance that may have caused the accident.
• Phone Records Specialists: These days, many vehicle accidents are the result of distracted driving. If the accident happened because the other party was texting while driving, a phone records specialist can verify the exact time the texts were sent in relation to the time the accident occurred.

The Role of an Expert Witness in Alabama Personal Injury Cases

There are two primary roles expert witnesses play in injury cases:

• Consulting: A consulting expert is someone who works directly with the legal team to help review certain facts and pieces of evidence that pertain to their area of specialty and provide various other types of support. Sometimes, a consulting expert may be converted into a testifying expert. In most cases, however, they remain in the consulting role and they are never known to the other side.
• Testifying: A testifying expert is someone who is prepared to testify in court about a certain aspect of the case. Testifying experts must be chosen carefully, because the legal team is required to disclose them to the other side. These should be reputable individuals whose credibility is beyond reproach. This type of expert should also be someone with strong communication skills, extensive courtroom experience, and the ability to make complicated subjects understandable to the judge and jury.

The Importance of Working with Experienced Legal Counsel

Many expert witnesses never end up taking the stand in a personal injury trial. These cases are often settled without the need for litigation, so they never get the opportunity to testify. A skilled attorney has the experience, knowledge, and resources to put together a case that includes highly reputable experts, so the other side sees that they are likely to lose at trial and they are more motivated to settle.

Attorney Chip Nix has been practicing personal injury law in Alabama since 1973. Attorney Nix has a strong track record of success with even the most complex cases. Over the years, Chip has established relationships with top professionals across a wide range of fields whom he routinely calls upon (when needed) to enhance the credibility of his clients’ cases.

If you or someone close to you has been injured due to the negligence or reckless actions of another party, contact Chip Nix, Attorney at Law today at 334-279-7770 for a free consultation. You may also send a secure and confidential message through our web contact form or stop by our Montgomery office.