The Use of Expert Witnesses in Your Personal Injury Case

Posted by Jeremy Rosenthal | Apr 06, 2016 | 0 Comments


Often times, the use of expert witnesses can be critical to success in your personal injury case. With detailed knowledge in their respective field or area(s) of expertise, an expert witness can explain to the jury how the evidence of your accident points to the guilt of the defendant, or the monetary damages you sustained as a result of your injuries. Having established that your witness is qualified as an “expert” in their field, their testimony should be credible and carry much weight with the jury.

However, not all expert witnesses will be beneficial to your case, and the use of too many expert witnesses can confuse the jury or be so time consuming and unnecessary that the jury becomes annoyed with your side of the case. Accordingly, you and your attorney must be careful when using expert witnesses in your personal injury lawsuit.

Aside from utilizing too many expert witnesses, the type of expert witness(es) that you use is crucial. For example, suppose you are a large business owner who has been injured in a car accident. The injury prevents you from working for awhile; and when you do return to work, you are no longer able to perform all the tasks you could prior to your accident.

So, your attorney hires an economist as an expert witness to testify as to the economic losses you sustained (or will sustain) as a result of your accident. Because your tax returns do not show any business profit losses, the economist interviews you. You tell the economist that due to your injuries, you cannot perform all the work you once could and will have to hire an additional employee to help you. However, you are waiting until your trial is over to hire any new employees. Based on this information, your economist expert witness then testifies that your business will be less profitable if you do not hire an employee to compensate for what work you can no longer perform, and that the wages paid to any new employees will constitute economic damages.

Sounds good, right? WRONG! No jury is going to believe your expert's testimony. You run a business, have gone to work before and after your accident, but your own expert witness cannot point to any hard evidence of your business' lost profits. Yet, now the jury should award you the costs of adding a new employee to the payroll as damages or your business profits will suffer? Under these circumstances, the jury is going to find your expert's testimony paper thin and untrustworthy, and will probably think that you have been lying to them throughout the trial. This will clearly result in an unfavorable outcome and illustrates how an expert witness can do more harm to your case than good.

Given the above example, it is apparent how important it is to hire (or not hire) an expert witness in your case. A knowledgeable personal injury attorney will know whether using an expert will help or hurt your case.

If you or a loved one has been injured in any type of accident, it is critical to hire a personal injury lawyer in your jurisdiction who knows the law. At the Law Office of Jeremy Rosenthal, our qualified personal injury lawyers have decades of experience representing clients injured in all sorts of accidents, and are here to help you. We know whether hiring an expert witness will benefit your case and, if so, will seek out the best expert(s) for the job. Let us fight for the compensation you deserve.

Call us today for a free consultation at (303) 825 – 2223 or visit us online.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.


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Law Firm Of Jeremy Rosenthal provides professional legal services to clients throughout the Denver Metro Area, Boulder County and throughout Colorado, including the cities of Denver, Lakewood, Englewood, Aurora, Wheat Ridge, Arvada, Westminster, Thornton, Northglenn.