When Experts Are Needed in a Personal Injury Case

During the course of a personal injury lawsuit, parties need to collect different kinds of evidence.  Indeed, parties often need to exchange photographs, videos, accident reports, and other records that are applicable to matters at the center of a case.  Furthermore, parties need to ask parties under oath in order to learn what people may say at the trial of a matter.  In addition, there are a number of times when experts are needed in a personal injury case.

Medical Experts

One of the most important situations when experts are needed in a personal injury case is related to medical matters.  Sometimes, it is clear that a personal injury incident caused damages suffered by a plaintiff.  For instance, if a plaintiff was hit by a car, and then gets treated at the hospital immediately thereafter for a broken leg, it is clear that the car accident caused the injury.  In such instances, expert testimony is usually not needed.

However, there are medical situations when experts are needed in a personal injury case.  For instance, it might be harder to prove that a personal injury incident caused back problems like bulging or herniated discs.  It is often not altogether clear that a specific incident might have caused this harm, and an expert may be needed to tease out the cause of back injuries.  Furthermore, it may be hard to prove that an accident might have caused strokes or other medical issues years in the future.  When it is less clear that a plaintiff suffered injuries as a result of a personal injury incident, this may be a situation when experts are needed in a personal injury case.

Breach of Duty

Another time when experts are needed in a personal injury case is to show a breach of duty in a complicated case.  Sometimes, it is easy for a judge or jury to ascertain whether a defendant has breached a duty to a plaintiff, and demonstrating this is usually necessary to succeeding in a personal injury case.  For instance, if there are huge hazards on the grounds of a defendant, it might be reasonably clear that the landowner had a duty to warn people of the duty or fix the situation.

However, in some situations it is less clear whether a defendant breached a duty to a plaintiff.  In many medical malpractice cases, for instances, it might not be clear how a doctor breached a duty to a patient that might give rise to a personal injury case.  In addition, it might be difficult to show that retail establishments, restaurants and other defendants may not have acted properly in a given circumstance.  In these instances, it is important to submit expert evidence so that a court understands how a defendant breached a duty to the plaintiff.

Damages

Another time when experts are needed in a personal injury case is to determine how much damages were sustained by a plaintiff.  It is sometimes easy to ascertain the amount of damages plaintiffs should be entitled to in certain circumstances. For instance, receipts and other records can establish how much a plaintiff paid in out-of-pocket medical costs as a result of a personal injury incident.

However, sometimes it is less clear how much damage a plaintiff should be entitled to for a given classification of damages. For instance, it is oftentimes difficult to ascertain the lost earnings of a plaintiff as a result of an injury.  This is because it is difficult to tell how long a person will live with injuries, how much they might have made each year if there were not injured, and a variety of other factors.  Usually, plaintiffs will hire an economist or another expert in order to inform the court how much lost wages are reasonable under the circumstances, and these experts base their findings on life expectancy, salary history, and a number of other factors.  In any case, when the amount of damages is subjective, experts can help inform a jury how much damages a plaintiff should be awarded.

Affidavits of Merit

Another important situation when experts are needed in a personal injury case is when a matter involves malpractice.  Many states require that plaintiffs suing a professional for malpractice must serve an affidavit of merit to prosecute the case.  An affidavit of merit is a sworn statement by a professional in the same field as the defendant that analyzes the acts of the defendant and asserts that those acts fell below a professional standard of care.  The reasoning behind this requirement is that having an affidavit of merit helps ensure that only meritorious malpractice lawsuits are filed.

There are typically many requirements for affidavits of merit.  This is because the professional who signs an affidavit of merit must be practicing in the same field of the defendant, which may be difficult for very specialized fields.  In addition, affidavits of merit typically must touch upon the elements that must be proved in a given malpractice case.

The Rothman Law Firm is experienced with affidavits of merit and the other situations when experts are needed in a personal injury case.  We have connections with top experts that can help ensure we have the best chance at succeeding in court.  If you are looking for an experienced New Jersey or New York personal injury lawyer, please feel free to contact The Rothman Law Firm to request a free consultation.