In a personal injury trial, lay witness testimony is meant to relay the basic facts about an accident to the jury. Eyewitnesses to the event, often including the victim, explain how the accident happened, what they saw, and who was involved. Character witnesses are also helpful. These individuals testify about the victim’s credibility and how an accident has affected their life.

Lay and character witnesses are critical components of a victim’s case, but theirs is not the only testimony that the judge and jury need to hear. Some aspects of the case involve technical or complicated information that most people will not understand. This is where expert witnesses come in. Experts are specialists in their respective fields and can explain complex subjects in a way that the court can better comprehend.

What is an Expert Witness?

An expert is an individual with specialized knowledge, skill, experience, or background in a particular area that is relevant to the personal injury lawsuit. Attorneys call upon these experts to provide valuable testimony on subjects with which most laypersons (which include the members of the jury) and judges have no familiarity.

These subjects are often, but not always, scientific. Each party to the lawsuit has the right to call their own expert witnesses, and they are often called to rebut another expert’s testimony. They review evidence and give opinions that touch on the various elements of a personal injury lawsuit.

Not everyone can be an expert. Courts have a duty to screen individuals who are not qualified to provide expert witness testimony. A person is unqualified if their research and study methods are unreliable or if the subject matter of their testimony would be irrelevant. If an expert’s credentials, basis for their opinions, or other issues are raised by the opposing party, Judges usually determine whether an expert’s testimony will be admissible during a pre-trial hearing.

Expert witnesses are distinguished from other types of witnesses. A lay witness provides testimony about the basic facts of the case, meaning the things they have personally observed, experienced, or perceived. With respect to a personal injury, a lay witness is usually someone who:

Was present at the scene of the accident
Saw, heard, or otherwise experienced the accident
Was involved in the circumstances leading up to the accident
Has observed the impact that the injury or loss has had on the Plaintiff
Has relevant knowledge that can help judges and juries understand the facts of the case

Damages witnesses are also important. They explain why the victim is credible and how the accident and injury have affected the victim’s life and daily routine. Their testimony can bolster your claim for economic and non-economic damages. Non-economic damages are more subjective losses, such as pain and suffering, loss of enjoyment of life, and emotional trauma. Together with lay and expert witness testimony, damages witnesses help present a comprehensive case for the compensation that victims deserve.

Why Experts Are Essential in Serious Injury Cases

Plaintiffs in a personal injury lawsuit have the burden of proof. It is their duty to demonstrate the essential elements of the lawsuit, such as causation, negligence, and damages. These are not straightforward subjects, nor is a simple recitation of the basic facts (such that a lay witness would provide) sufficient to convince jurors that the plaintiff has met their burden.

Experts provide testimony about such evidence as medical records and accident reconstruction reports. These and other forms of evidence are complicated, and many use technical terms and jargon that the average person is unlikely to understand. The role of the expert is essentially to decipher this information and express it in a way that juries can grasp. This allows the court to truly appreciate what happened, and it therefore strengthens the plaintiff’s case.

Common Types of Expert Witnesses

There are expert witnesses in every field, many of which are relevant to personal injury claims. These are some of the most common types of experts who may provide testimony in a serious injury case:

Medical expert witnesses: Victims incur significant medical bills, experience intense pain and suffering, and may need subsequent treatments. Expert physicians such as neurologists, orthopedic surgeons, and rehabilitation specialists testify about the nature of the victim’s injuries, their likely prognosis, the type of future medical attention the victim will need, and the probable cost.
Accident reconstructionists: Causation is an indispensable element in proving fault. An accident reconstructionist testifies about the defendant’s actions and how they led to the accident or injury. For example, the expert can analyze evidence at the scene of a car crash, reconstruct the wreck as if it were happening again, and thereby demonstrate why the at-fault driver was liable.
Economic expert witnesses: These experts explain the financial impact of the accident on the victim’s life. They typically testify about the victim’s lost wages and the likely amount of future income the victim will lose because of the accident. They can also supplement a medical expert’s testimony about the cost of future medical care.
Vocational expert witnesses: Juries must answer the question of whether the victim is able to work, and to what degree, after being injured. Vocational expert witnesses help with their understanding. They often supplement the testimony that economic experts provide, for instance, by explaining the job opportunities that the victim will likely have in the future due to their injuries.
Life care expert witnesses: Victims with long-term disabilities, especially those who were hurt in catastrophic accidents, will likely need specialized care long into the future. Life care expert witnesses can tell a court about the expenses associated with ongoing medical care, adaptive medical equipment, and in-home care and devices.
Construction expert witnesses: Apart from workers’ compensation, victims of construction accidents can sometimes file a third-party lawsuit. For example, they may have been injured due to a problem with the property at the site or an equipment defect. These experts can testify about matters that are unique to the industry.

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Challenges and Limitations of Expert Witnesses

Although expert witnesses are foundational to a strong personal injury claim, it is not enough to have an expert testify in court. A prudent personal injury lawyer will understand the challenges and limitations that accompany expert witness testimony, and will respond accordingly. Your attorney should anticipate the following:

Conflicting testimony: As mentioned above, some experts contradict and refute others. This is not unusual, but your lawyer should be ready to have the expert’s testimony confronted in court and cross-examined by opposing counsel. Also, the expert needs to be ready to explain why their opinion is superior and their testimony should therefore hold more weight.
Credibility: Whether and to what degree an expert’s opinion is credible is the linchpin of their testimony. If a witness’s methodology or technique does not seem trustworthy, is undermined by another expert, or is misunderstood by the jury, the value of their testimony will quickly diminish.
Cost: Expert witnesses charge fees for the time and expenses associated with testifying in court. In Illinois, each party generally bears the costs that their experts charge. These expenses are paid from the compensation that successful plaintiffs win in a court judgment, but they should still be factored in to assess the true value of the expert’s testimony.
Availability: Another challenge is whether the expert is available. Preparing and giving expert testimony takes time, and many experts are busy professionals. There are some who are retired, however, and who can provide useful testimony in your case.

A skilled accident lawyer will be able to locate credible experts who provide helpful, relevant testimony about the facts and evidence in your case. After retaining the expert, your attorney will take the steps necessary to prepare them. This will include reviewing the evidence with them, discussing the way in which the expert will evaluate it, and developing the substance of the testimony the expert will provide in court. Your attorney will also help the expert prepare for and respond to conflicting testimony and the challenges of cross-examination from opposing counsel.

The Value of Expertise in Achieving Justice

Personal injury cases are complicated. With the victim having the burden of proof, and having to explain the details of what can sometimes be a vast array of evidence, there is little room for error. But juries and judges will not be convinced about your arguments unless they understand them. Expert witnesses are the key to a strong and compelling lawsuit.

If you were injured in Illinois, one of the best decisions you can make is to hire an attorney who appreciates the crucial role that expert witnesses play. By retaining legal counsel early, you can ensure you have ample time to prepare and develop the expert witness testimony you need. Connect with Power Rogers today to begin working on your personal injury lawsuit.