Most victims in a personal injury accident case have no idea what to expect from the legal process. They may have some idea from what they have seen on television or heard from a friend or relative, but the average person generally has no interest or need to know how a personal injury lawsuit is won until they become the victim. Although many simple car accident cases can be resolved without the need for an expert, other cases are not so simple and cannot be won without them. Plaintiff’s often wonder why they must call in an expert – especially when they see the bill! Experts can be the difference between winning a personal injury accident case and going home with nothing. They may also mean the difference between a small settlement offer and a much larger one. So why when is an expert called for in a personal injury accident case?
To prove HOW the accident happened. Many times, the only people that witnessed the accident were the plaintiff and the defendant. In that case, you may have two very different versions of events with no objective witness to corroborate either version. A lawyer may call in an accident reconstruction expert to prepare a report or to testify to the jury regarding how the accident actually happened. While an expert’s opinion is not definitive, it generally carries a significant amount of weight when there are conflicting statements about how the accident happened.
To prove WHO was at fault. In order to win a personal injury accident case the plaintiff must prove that the defendant was negligent. In many cases, there are multiple defendants. For example in a multi-car accident. In situations where there are numerous actors involved in the accident, negligence can be very difficult to attribute correctly. Understandably each defendant will try to blame the other defendants to avoid responsibility. In states that allow more than one defendant to be at fault, such as California, it can be very important to determine what percentage of the fault is attributable to each defendant. In this case, an expert may be brought in to help the jury understand who did what and what percentage of blame they each have.
To determine HOW MUCH compensation the plaintiff deserves. Clearly, this is an important part of the process for the plaintiff. A plaintiff may ask “Why do I need an expert – my doctor said I was injured?”. While the opinion of the treating physician is of value, in some cases the jury wants to hear from an objective physician – one that has no financial stake in the outcome of the case. Additionally, some injuries are hard to dispute – such as a broken bone – but others can be more difficult to prove – such as back injuries. Additionally, the plaintiff may need an expert to help the jury understand the non-economic damages she has suffered. Non-economic damages are things like pain, suffering, humiliation and emotional distress. These injuries are much more subjective and an expert can lend a huge amount of credibility to a plaintiff’s claim that she has suffered non-economic injuries.
If you have any additional questions or concerns about a potential personal injury accident case, please contact the California personal injury accident firm of Ledger & Associates at 1-800-300-0001 or visit the firm’s website at www.ledgerlaw.com.
