Injury cases often rely on testimony from expert witnesses to establish negligence and prove damages. Expert witnesses are selected for their specialized experience and knowledge, which allows them to explain complex concepts and add weight to your claim. A Connecticut personal injury lawyer can help you understand the role of expert witnesses and how they strengthen your claim for damages.
What Is an Expert Witness?
The definition of an expert witness can differ slightly depending on the type of injury claim. Generally speaking, an expert witness is a specialist in a specific field related to the case. They are typically highly qualified and experienced professionals who can provide informed insight and clarification of the evidence provided.
How Do Expert Witnesses Support Injury Claims?
The goal of hiring an expert witness is to secure objective opinions to either prove liability or establish damages.
Proving Liability
Most personal injury claims rely on proving that a specific party is responsible for the victim’s injuries and associated losses. The victim, or plaintiff, must have sufficient evidence to convince the judge or jury that the at-fault party, or defendant, was more than 50% responsible for the victim’s injuries, per CT Gen. Stat. § 52-572h.
An expert witness provides unbiased insight into how the injuries occurred. For example, the victim’s attorney may call an accident reconstructionist to establish a car accident timeline and show who was responsible.
Establishing Damages
The fundamental goal of a personal injury lawsuit is to recover financial compensation for the victims’ losses. Expert witnesses also provide crucial insight into the economic and non-economic costs of the victim’s injuries. Depending on the type of injury, these damages may include medical expenses, lost wages, diminished future income, property damage, disability, pain and suffering, and emotional distress.
The victim’s attorney may seek testimony from an economic expert to establish the full scope of recoverable damages. The expert’s opinion can help support the victim’s claim for full damages. Medical professionals, like physicians or nurses, can explain the injuries, their severity, and the potential consequences and future needs of someone suffering from this form of harm.
Similarly, a mental health expert may provide critical details about the victim’s emotional or mental health following an accident, so the court can determine a fair value for the victim’s mental pain and suffering.
What Types of Expert Witnesses Help With Personal Injury Claims?
Personal injury claims range widely from motor vehicle accidents to nursing home abuse and medical malpractice. That means that there is a wide variety of experts for different claims. Experts a personal injury attorney might use to support a claim include:
- Accident reconstructionist: A highly qualified specialist with law enforcement, engineering, or other relevant background who can analyze the physical evidence from an accident and recreate the accident sequence.
- Medical expert: A medical professional, usually a doctor or physician, who has experience and knowledge of standards of care within the applicable specialty or field.
- Economic specialist: A financial expert, such as an economist, who is capable of quantifying the victim’s financial losses, including lost current and future wages, medical bills, and earning capacity.
- Life care planner: A specialist who creates long-term treatment and care plans for victims of catastrophic and life-altering injuries. The planner assesses long-term medical care, rehabilitation, and personal care requirements to project the full long-term costs for permanent disability or impairment.
- Manufacturing or engineering professional: An engineering or manufacturing expert who identifies issues with product defects or premises liability. This may extend to pharmaceutical professionals in dangerous drugs claims.
- Psychologist or mental health expert: A mental health care provider who offers insight into the emotional and mental impact of an accident or injury on the victim.
- Vocational expert: A professional capable of assessing the victim’s ability to work during and after injury recovery, in order to determine the victim’s lost earning capacity and requirements for future career rehabilitation, such as education or training for a new vocation.
What Qualifications Does an Expert Witness Need in Connecticut?
The Connecticut Code of Evidence § 7-2 states that an expert witness for a personal injury lawsuit must be able to prove their expertise with credentials and certifications related to the opinion they are providing.
For example, medical experts in Connecticut must meet specific requirements to testify in medical malpractice cases. Typically, they must have similar specialties and certifications as the defendant. So, a pediatrician cannot testify as an expert witness in a medical malpractice claim against a brain surgeon. A qualifying expert witness in this situation would be a brain surgeon with the same areas of expertise, board certifications, and other qualifications.
Similar requirements apply to experts in other specializations, but requirements can vary significantly between cases. A personal injury attorney can explain the specific qualifications needed for different types of claims. Rather than trying to discover which experts work best for your case, consult with a personal injury lawyer familiar with cases like yours.
How Can an Attorney Help Me Obtain Expert Witnesses?
Most firms with experience have resources and connections to professionals and organizations with qualifying expert witnesses. However, it’s important to get an attorney familiar with the type of claim you have. A personal injury lawyer who handles car accidents may not have the resources to help with a medical malpractice case.
Some of the claims your lawyer may handle include:
- Car accidents, truck accidents, and motorcycle accidents
- Bicycle and pedestrian accidents
- Product liability claims
- Dog bites
- Slip and fall accidents
- Medical malpractice
- Wrongful death
- Construction accidents and workers’ compensation
Look for an attorney with winning case results and testimonials from satisfied clients. You benefit from working with a well-established firm with a track record of success.
Get Help From Successful Connecticut Personal Injury Lawyers Today
Trantolo & Trantolo has been helping injury victims in Connecticut secure fair compensation for over 85 years. We provide personalized legal support and limit our caseload to ensure that each client receives focused attention throughout their injury claim. Our attorneys have the experience and knowledge to handle even the most complex litigation, so call us now for a free consultation about your claim.
