Why Expert Witnesses Matter in Pennsylvania Personal Injury Cases

Expert witnesses provide essential information regarding critical issues related to accident scenes, medical diagnoses, and even financial elements of a personal injury case. Before turning the facts of a case over to a judge or jury, parties will often work with expert witnesses to help them explain their case or argue against the case of their opponent.

Proving fault is the first step towards receiving compensation

The key to receiving appropriate compensation for injuries and other losses in a personal injury case is to prove that the opposing party was at fault. In many cases, alleging damages means consulting with a person with specialized training, education, and experience in that particular area.

When attempting to make a complex argument about your medical condition, a witness with knowledge of medicine and the nature of personal injuries must be able to help the fact-finder, a judge or jury, better understand the issues. A judge or jury cannot “take your word for it.” Rather, specialized arguments require a witness with a special set of skills, knowledge, and experience.

Expert witnesses enhance legal arguments and make them more robust. The particular insights that an expert witness can provide help the fact-finder identify the key issues of the case and give them a framework with which to make decisions related to fault and ultimately damages.

An overview of expert witnesses in Montgomery County personal injury cases

In a personal injury case, it often occurs that there are details that arise that are beyond the knowledge of a jury or even a judge. Making intricate arguments about a medical condition or examining a complicated series of vehicle impacts is difficult for anyone. This is where an expert witness can prove invaluable for a party to a personal injury case.

From proving fault in the accident to determining a fair amount for requested damages, expert witnesses can play a diverse and varied role within a personal injury case. Imagine suffering a major injury to your spinal cord in a car accident. Not only are you unable to work at the moment of your trial, but you are also unlikely to be able to work in the future. What can you do to look ten or even twenty years into the future to determine what your lost earning capacity looks like?

Enter an expert witness. There are expert witnesses available to help a judge or jury make sense of your probable lack of ability to earn an income in the future. These witnesses provide tables, charts, and arguments to persuade a fact finder to issue decisions on damages that are in your favor. Expert witnesses are also important to be able to counter the arguments of the opposing party and their expert witnesses.

An expert witness’s role in proving fault in a personal injury case

Liability, also referred to as “fault”, in a personal injury case is one of the most critical determinations that must be made. Your ability as an injured person to recover damages, such as medical bills and lost wages, depends on another party being found at fault for causing an accident.

An expert witness can prove to be the catalyst for showing fault in an accident. Reconstructing an accident to show how it occurred and who was at fault is at the core of what many expert witnesses are called upon to do in personal injury cases. If an unsafe condition led to a slip and fall, an expert may be necessary to help show how the accident took place and the role the store owner played in creating the dangerous condition.

Proving causation in a personal injury case may require expert testimony

Once fault is found in a party, the next step in a personal injury case is to show that the actions (or inaction) of the at-fault party caused the injury in question. In some accidents, causation may be in question due to the circumstances involved. Many at-fault parties will continue to dispute their role in an accident up to and even during a trial. An expert witness can help to prove a direct link between the at-fault party’s role in the accident and causation of injuries.

Damages must be reasonably based on the circumstances of the case

Depending upon the extent of your injuries, the damages in your case may be significant. On top of medical bills, you may have lost wages at work and have suffered a loss of earning capacity in the future. In this way, your damages actually compound over time and become even larger as time marches on.

The lifelong earning potential you possess- based on your skills, education, and job experience- can be calculated by an expert witness and presented on your behalf to a judge or jury. A witness who focuses their professional life on helping disabled people find work may be called to testify about your current physical state and how it would hinder your ability to find suitable employment.

What basis must form the testimony and opinions of an expert witness?

The state of Pennsylvania requires that expert witnesses participating in courtroom proceedings must base their testimony on a foundation that is scientifically reliable. An expert witness must not only be knowledgeable, but their opinions must be reasonable and based on methods commonly accepted in their field of expertise.

Unreliable witness testimony may be removed from consideration as evidence in your case. Selecting an expert witness for your case requires experience and knowledge of the subject you are seeking help with. An experienced Montgomery County personal injury attorney is well-suited to help advocate for your rights after suffering a major injury.

Contact Anthony C. Gagliano, III, Esquire, P.C. for experienced representation

The legal team with Anthony C. Gagliano, III, Esquire, P.C. takes seriously the responsibility to serve clients in personal injury cases. When an expert witness is needed, we draw upon our years of service to help select the right expert for your specific needs. Interested in learning how we can help you? Contact our office today for a consultation, free of charge.