When it comes to personal injury cases, the road to recovering a fair settlement can sometimes be straightforward. However, in cases where damages are significant or disputes arise regarding fault and causation, the involvement of various witnesses becomes crucial. In this blog post, we will explore the types of witnesses who play essential roles in personal injury cases, shedding light on their significance and the value they bring to the legal process.
Percipient Witnesses: Providing Firsthand Accounts
One important type of witness is the percipient witness, often referred to as an “eyewitness.” These individuals testify based on their direct perception of events through their senses, such as seeing, touching, hearing, or smelling.
Percipient witnesses are particularly valuable for proving liability in personal injury cases. Examples of percipient witnesses in such cases include shopkeepers, pedestrians, and drivers who witnessed car accidents, customers or staff who witnessed slip and fall incidents, bystanders who witnessed dog bites, and individuals who observed injuries resulting from defective products.
Expert Witnesses: Offering Specialized Knowledge
Expert witnesses possess specialized knowledge in specific areas relevant to the case, such as the plaintiff’s medical condition, the valuation of damages, or the cause of the plaintiff’s injury. In personal injury cases, medical experts are commonly called upon to provide testimony. Their expertise becomes particularly crucial when disputes arise concerning various aspects, including:
- Types of Medical Care Needed: Ongoing medical care may necessitate the involvement of life care planners and medical specialists who can testify about the specific types of care required.
- Cost of Future Medical Bills: Disputes over the cost of future medical expenses can be resolved with the assistance of life care planners and medical specialists who provide testimony regarding the anticipated costs.
- Failure to Mitigate Damages: The defense might argue that the plaintiff failed to mitigate damages by delaying medical care or engaging in activities that worsened their injury. Medical experts can offer testimony to refute such claims, explaining why the plaintiff’s actions were reasonable given the circumstances.
Expert witnesses can be divided into retained and non-retained categories. Retained medical experts are specifically retained for the litigation process, providing opinions on matters related to standards of care and causation. Non-retained medical experts, also known as “expert percipient witnesses,” acquire knowledge independently of litigation and can testify based on their expertise and experience.
Technical Experts: Unraveling Complex Factors
In some personal injury cases, technical experts play a crucial role in providing testimony. Their specialized knowledge helps unravel complex factors and aids in establishing the facts of the case. Some common types of technical expert witnesses include:
- Accident Reconstruction Experts: These professionals contribute to cases where there is a dispute regarding the cause or sequence of events leading to the injury. By reconstructing the accident, they provide valuable insights.
- Economists: Financial experts assist in determining the value of lost earning capacity, considering factors such as inflation and economic influences that impact the financial award.
- Engineers: When an injury is caused by a defective product or machinery, engineers provide testimony regarding how the product should have functioned and whether the defect directly caused the injury.
- Vocational Rehabilitation Experts: These experts shed light on how an injury has affected the injured party’s future work prospects and income-earning capacity.
Support from Friends and Family: Demonstrating Non-Economic Damages
Friends and family members can also play a significant role in personal injury cases. Their testimony is often utilized to demonstrate the extent of the plaintiff’s non-economic damages, such as pain and suffering, loss of enjoyment in life, and emotional distress. Their firsthand accounts provide insights into the intangible consequences of the injury.
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Your Injuries Are Personal to Me
If you were seriously hurt through no fault of your own, the Law Office of Michael D. Waks can help. Our team is available 24/7 to take your call, so we can start building your case as soon as you’re ready. To schedule a free initial consultation with a personal injury lawyer in Long Beach, call (562) 206-1939 or fill out our Contact Form.
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