Expert witnesses play crucial roles in shaping the outcomes of many personal injury claims. The more complicated your case is, or the more serious your injuries, the more important they are.
We’re not exaggerating when we say the right expert witnesses can be the difference between winning and losing a case, or the difference between winning a big settlement or just a fraction of the compensation you truly deserve. This is something that many crash victims overlook, particularly if they are considering self-representation.
But what is an expert witness and how can one help your case? In this blog, we’ll answer those very questions using examples from real Crosley Law cases over the past few years.
What is an expert witness and what do they do?
An expert witness is someone with specialized knowledge, training, or experience about a given subject relevant to your car crash or personal injury claim.
Expert witnesses may be called upon to help your personal injury lawyer examine and analyze complex evidence or records before a lawsuit is even filed. They also may testify at a trial to explain complex and technical concepts in a way that the judge and jury can understand.
At Crosley Law, we work with experts in a wide range of fields—medicine, engineering, economics, and more—to get our clients the best possible compensation. In one notable brain injury case from a few years ago, we hired a dozen expert witnesses to help secure a major settlement for a young man who was hit by a delivery truck while riding his bicycle.
Common types of expert witnesses in car crash and other personal injury cases
Medical experts
Medical experts are responsible for establishing the extent of your injuries and proving they were caused by the crash. They might also be asked to answer questions like:
- Were the medical procedures you received reasonable and necessary?
- What is your long-term prognosis? How are your injuries likely to affect your longevity and quality of life?
- What types of medical procedures are you likely to require in the future?
Insurance companies frequently accuse crash victims of exaggerating symptoms or trying to get paid for old, pre-existing injuries. Making sure you have qualified medical experts to push back on these arguments is crucial.
The doctors who directly treated your injuries will likely be important medical experts for your case. However, we might consult with additional medical experts as well.
From the case files:
In one recent case, we helped 71-year-old Manuel get a $1 million settlement. The insurance company originally dismissed his concussion symptoms and tried to explain away his back pain as a pre-existing condition—even though symptoms were well controlled before the crash and significantly worse immediately after. Medical experts, including an orthopedist and a neurologist, helped us refute the insurance company’s arguments and provide realistic projections of his future care needs.
Accident reconstruction experts
Piecing together how a crash really happened can be a complex process. This is especially true if there were no recordings, few witnesses, and the drivers disagree about the facts (or the victim can’t tell their side of the story due to incapacitation or death).
Accident reconstruction experts review vehicle damage, skid marks, vehicle “black box” recorders, and other pieces of evidence to separate truth from fiction. They may even use advanced computer modeling or other techniques.
From the case files:
We recently represented the family of a young man who was killed when a semi-truck on the shoulder of the highway merged directly in front of him. The trucker claimed he had been driving along the shoulder for at least a quarter mile and was going about 40 miles per hour when he began to merge.
But the trucker’s electronic logging device told a very different story—our accident reconstruction expert concluded the truck had only been in motion for about 15 seconds and started merging at about 16 miles per hour. He also reviewed images of the accident scene, including gouge marks on the road, and concluded that the victim was likely traveling at roughly the speed limit and had attempted evasive maneuvers, but had less than two seconds to react to the truck crossing into his lane.
In the end, the insurance company settled for $2.5 million.
Economic experts
Other expert witnesses specialize in calculating the long-term financial impacts that an injury or death will have on those filing the claim. These could include:
- The cost of future surgeries and medical treatments you will need.
- The amount of future income you’ll lose due to disability, or to a reduction in your earning potential versus what you would have likely earned before the crash.
- The cost of medical equipment, home modifications, adaptive technologies, and other tools and devices you will need.
- The cost of housekeeping services, childcare services, nursing care, or other services you will require due to your injuries.
Life care planners, vocational rehabilitation specialists, healthcare economists, and life actuaries are all examples of professionals who might be called upon to provide their economic expertise.
From the case files:
Last year, our team obtained a $30 million pretrial settlement for a young girl who fell through a defective apartment window and sustained several significant injuries, including a traumatic brain injury.
When someone so young sustains life-altering injuries, accurately projecting future financial damages is critically important. In addition to several medical professionals, our team included economic experts who estimated the lifetime cost of therapeutic services and structured adult life care she will need.
Other experts
Every car accident and personal injury case is unique, so experts from a wide variety of other disciplines might be consulted. This is by no means a complete list, but here are some examples:
- Mechanical and biomechanical engineers. We obtained $1.95 million for a woman who suffered significant injuries after a crash even though there was no damage to her truck. The at-fault driver had smashed into her trailer hitch, which protected the pickup but made the impact forces on her body worse. The case went to trial, and expert witnesses helped us explain the complex scientific and engineering principles behind the case in a way the jury could understand.
- Safety experts. Many personal injury cases are the result of safety violations, particularly accidents that involve commercial vehicles or happen on the job. Safety experts might be called upon to determine whether policies were violated, or existing safety protocols are insufficient and out of line with expected industry standards.
- Mental health professionals. Crashes often leave victims dealing with post-traumatic stress, anxiety, depression, and other mental health struggles. Because mental health conditions are often invisible to casual observers and usually can’t be proven using “objective” medical testing, insurance companies almost always undervalue them. Mental health professionals like psychologists and psychiatrists can testify about the emotional trauma you’ve experienced and how it affects your life. They provide a more neutral perspective than friends and relatives, who are also important witnesses to the changes in a victim’s mental state.
The defense will bring their own experts, too
A complex personal injury case will have expert witnesses on both sides, sometimes providing completely different opinions about the same evidence.
Insurance companies often have their own handpicked professionals they rely on to give favorable opinions. Since expert witnesses get paid for their analysis and testimony, and insurance companies can go to the same expert again and again, this can present an obvious conflict of interest.
In one particularly egregious case we handled several years ago, the defense team for a trampoline park hired an expert that was so notorious for substandard evaluations, manipulative practices, and insurance-friendly opinions that he acquired the nickname “Dr. No.”
More recently, we represented a 27-year-old man who developed persistent neck, back, and leg pain after a crash. The insurance company brought in four hired guns—life care planner, accident reconstructionist, radiologist, and orthopedic surgeon. Their job was to convince a potential jury that our client’s symptoms could not have been caused by the crash and were due to normal degenerative conditions—even though our client was perfectly healthy before the crash. As ridiculous as this sounds, the tactic might have succeeded if our team wasn’t prepared. In the end we got him a $1.3 million settlement.
This is another reason why working with a well-prepared personal injury attorney is so critical. In a trial, the side with the more convincing “experts” has the advantage—even if the analysis is bad.
Car Crash? Call Crosley
At Crosley Law, our legal team works with expert witnesses throughout Texas and the United States to make sure your side of the story gets told in a way that is truthful, understandable, and convincing.
In almost 20 years of practice, we’ve built strong relationships with knowledgeable leaders in a wide variety of industries and disciplines. We also know how to tell when a defense witness is blowing smoke and how to counter their misleading testimony.
If you’ve recently been injured in a car crash or other incident that wasn’t your fault, you can’t trust the insurance company to do the right thing. You need expertise and experience on your side. Request your free case review today or by calling 210-LAW-3000 | 210-529-3000.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
