Do I need an expert in my injury case?

Why You Need an Expert in a Personal Injury Case

Personal injury cases can be complex and challenging, especially when it comes to proving the extent of damages and establishing liability. This is where experts play a crucial role. They provide specialized knowledge that can clarify the intricacies of your case, helping to ensure that you receive the compensation you deserve.  Experts often serve as a conduit to helping juror understand a complex causation question.

The Role of Experts in Proving Causation of Damages

Causation of damages refers to the need to show that the injuries or losses you have suffered are directly linked to the accident or incident in question. This can be straightforward in some cases, like a car accident resulting in visible physical injuries. However, in many instances, the connection between the incident and the resulting harm is not so clear-cut.

For example, if you suffer from a pre-existing condition, the defense might argue that your injuries were not caused by the accident but were instead a result of your pre-existing condition. An expert can provide a medical opinion, based on a thorough review of your medical history and an examination of your injuries, to establish that the accident exacerbated your condition or caused new injuries.

Additionally, in cases involving long-term injuries, an economic expert might be needed to project future medical expenses and lost earning potential, ensuring that these future costs are factored into your compensation.

The Role of Experts in Proving Causation of Liability

Causation of liability involves proving that the defendant’s actions (or inaction) directly caused the accident and, subsequently, your injuries. This aspect of your case can often be complex, requiring a deep understanding of various technical and legal issues.

For instance, in a car accident case, an accident reconstruction expert might be necessary to analyze the crash scene, vehicle damage, and other evidence to demonstrate how the accident occurred and who was at fault. In medical malpractice cases, a medical expert is essential to establish that the healthcare provider deviated from the standard of care, leading to your injuries.

Without expert testimony, it can be challenging to prove these elements to a judge or jury, particularly when the opposing party brings their own experts to counter your claims.  In Texas, the law says that a person may serve as an expert when “A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.”

The decision on when, how and what experts to use is in the hands of you and your counsel.

FAQ for Personal Injury Victims

Q: When should I consult an expert for my personal injury case?
A: You should consider consulting an expert early in your case, especially if liability is contested or if your injuries are complex. Your attorney will typically recommend the right time and the type of expert needed based on the specifics of your case.

Q: What types of experts are commonly used in personal injury cases?
A: Common experts include medical experts, accident reconstructionists, economic experts, vocational experts, and safety engineers, among others. The type of expert depends on the nature of your case and the evidence required to prove your claim.

Q: How does an expert contribute to my case?
A: Experts provide specialized knowledge that can clarify complex aspects of your case. Their testimony can help establish the link between the defendant’s actions and your injuries, the extent of your damages, and the long-term impact of your injuries.

Q: Will an expert’s testimony guarantee a win in my case?
A: While an expert’s testimony can significantly strengthen your case, it does not guarantee a win. It provides compelling evidence that supports your claim, but the final decision rests with the judge or jury.

Q: How are experts selected for my case?
A: Experts are selected based on their credentials, experience, and relevance to your case. Your attorney will typically have a network of trusted experts and will choose one whose expertise aligns with the specific needs of your case.

Q: What should I do if I’m injured by a negligent party?
A: If you’re injured by a negligent party, seek medical attention immediately. Document everything related to the incident, including photos, witness information, and medical records. Contact a personal injury attorney as soon as possible to discuss your options and to preserve evidence that may be critical to your case.

Experts can be the key to unlocking a successful outcome in your personal injury case. By providing critical insight and testimony, they help ensure that your story is heard and your rights are protected.  At The Low Law Firm we have a wide range of experts that we use in various types of personal injury cases.  Not every case requires to use of an expert, but if it is needed we make sure that we put you with experts most qualified to participate in your case.  Call us today for a free consultation 325-455-1889!

If you would like more information on causation, feel free to listen to Tara Gilmore-Low’s, “The Injury Lady Says…” podcast episode 5 here.