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Sunday, July 10, 2011

Why An Expert Witness?

Sometimes expert witnesses are simply required in an injury case. An expert witness is a witness who has knowledge not normally possessed by the average person. This expert knowledge can result from higher or specialized education. It can also result from experience. An expert witness can testify if their testimony would help the jury understand an issue that the average person would not know. An expert is sometimes required, however, when the cause of an injury is not clear.

For example, in an injury case that results in death or serious injury, often the witnesses are deceased or unable to testify because of their injuries. A specially trained expert can reconstruct an accident scene from black box data, video and photos taken from the scene, measurements of skid marks and bystander statements and show with remarkable accuracy what happened. When someone falls for no apparent reason, a special type of mechanical engineer can examine the floor, stairs, ramps and such to determine if certain building code violations caused the fall. When a mechanical failure causes a car or truck to crash, only an expert witness can show which product caused the mechanical failure and how.

In these situations, and some others, the failure to utilize an expert witness will cause your case to be dismissed. Of course, expert witnesses can also eliminate injury causes. If you suspect that something caused an injury, an expert witness may be able to investigate and relieve your suspicion or concern. Sometimes eliminating a cause can be as much of a relief to an injured person and their loved ones as finding a cause.

Whether an expert is required should be analyzed early on and if it is determined that an expert is needed, they should be retained early. blb (205)812-8248

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