If you are currently in the process of litigation for your personal injury case, or if you have researched what to expect during litigation for your personal injury case, you have likely heard that “experts” will be used in your case. But what exactly is an expert, and why are they needed in a personal injury case?
According to Missouri law, an expert is “a witness qualified as an expert by knowledge, skill, experience, training or education….” RSMo. § 490.065. In other words, an expert is an individual who possesses specialized knowledge about a particular topic (above and beyond that of a regular person), who will assist the jury in understanding such topic. While parties in litigation often argue about whether an individual should be allowed to testify as an expert at trial, it is ultimately up to the judge to decide whether such individual should be allowed to testify as an expert.
In the context of a personal injury case, experts are generally used for two primary purposes: 1) to establish liability (i.e., to show that the other party was at fault for causing the incident); and 2) to establish damages (i.e., to show how the plaintiff suffered from the crash, whether physically, emotionally, or financially). As such, some of the most common experts in a personal injury case involve accident reconstructionist, industry safety experts, medical doctors, life care planners, and economists. However, depending on the particular facts of a case, the type of expert required to establish liability and/or damages can vary significantly.
In determining whether experts should be brought in on your personal injury case, your attorney should perform a cost/benefit analysis. Experts are typically highly educated and trained professionals within their respective fields, and as such, they typically charge high fees for their work. Therefore, your attorney must ensure that the value the expert brings to your case outweighs the cost incurred in hiring them to perform their work in the first place. Your attorney should also ensure that the experts they are selecting for your case are qualified to render the opinions you are asking them to provide. As mentioned, an expert’s qualifications are often challenged by the opposing party, and an unqualified expert will likely not be permitted by the judge to testify.
If you have been injured due to the negligence of another person or entity, it is important to consult an experienced attorney to ensure your claim is properly evaluated and that you are fully compensated for all of your damages. Full compensation often requires the use of qualified experts to establish both liability and damages. At the A.W. Smith Law firm, our attorneys have handled thousands of injury claims and understand what experts are needed to maximize the value of your claim.
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