Several types of witnesses may provide depositions or testify at trial in a Nevada personal injury case. Eyewitnesses are individuals who have personal knowledge of various facts in the case, such as a person who witnessed a car accident. The parties to the case may be called witnesses during the trial or required to give a deposition.
Expert witnesses are a different category of witnesses. These individuals have specialized knowledge that applies to one or more disputed issues critical to the case. A personal injury lawyer may retain one or more expert witnesses to assist with your case.
Who Is Considered to Be an Expert Witness in a Personal Injury Case?
The Federal Rules of Evidence state that an expert witness is someone with specific knowledge of the subject matter related to the case. The person has specialized skills, training, education, experience, or knowledge that can help the jurors and judge understand technical or scientific evidence.
What Are the Qualifications for Expert Witnesses in Personal Injury Cases in Nevada?
The Nevada Rules of Evidence define an expert witness in a similar manner to the Federal Rules of Evidence. According to state rules, a party must prove the following elements for a person to be allowed to testify as an expert at trial:
- The person is qualified as an expert because of their training, skill, experience, knowledge, or education;
- The person’s specialized knowledge will help the jurors (i.e., triers of fact) decide a disputed fact and/or understand the evidence presented in court; AND,
- The person’s testimony will be limited to matters within their scope of expertise.
The Nevada Supreme Court has listed factors for judges to consider when determining whether a person is qualified to testify as an expert witness. Those factors include:
- Professional licenses
- Academic degrees and formal education
- Specialized training
- Practical experience
- Employment in the field of their expertise
Generally, an attorney questions the witness in court about their experience. They provide the court with copies of licenses, degrees, and other documents that prove the witness is an expert in their field. A judge may decide to prohibit the person from testifying as an expert even though the other party stipulates that the person is an expert.
Types of Expert Witnesses in Personal Injury Cases
There are numerous types of expert witnesses. The experts an attorney may hire for a personal injury case depend on the issues involved in the case. Examples of expert witnesses include:
Manufacturing Experts
An attorney may hire a manufacturing expert in a product liability lawsuit. They can explain industry standards and how a specific product is manufactured.
Accident Reconstructionist
The party who caused a traffic accident can be liable for damages. However, the cause of a crash could be difficult to determine. Accident reconstructionists can examine the evidence and analyze data to create models and designs that explain how the crash occurred.
Medical Specialists
Attorneys retain medical experts for several reasons. Medical experts can explain to jurors how an accident could cause the plaintiff’s injuries.
A medical specialist can also testify about how the plaintiff’s injuries resulted in an impairment or disability. A doctor can explain the ongoing medical treatment and care the plaintiff requires because of a disability or impairment.
Vocational Rehabilitation Experts
Attorneys use vocational rehabilitation experts to explain how a plaintiff’s impairments impact their ability to perform various tasks. They can explain how the impairment causes limitations that prevent the plaintiff from returning to the same job or a similar job that earns the same income. These experts are invaluable when arguing claims for diminished earning capacity.
Economic Experts
An economic expert can assist a lawyer with assessing future damages. For example, they can calculate how much income the plaintiff will lose throughout their life because of an injury or how much future care and treatment will cost.
Mental Health Professionals
An injury or accident can cause severe emotional distress. A victim may have PTSD (post-traumatic stress disorder), severe depression, anxiety, and other psychological harm. A mental health professional can help jurors understand the severity of the plaintiff’s mental anguish and how it negatively impacts their lives.
Other Expert Witnesses
Other expert witnesses may be retained to assist in a personal injury case, such as:
- Life care planners
- Pain management specialists
- Forensic science experts
- Toxicologists
- Medical examiners
- Transportation specialists
- Data experts
- Trucking industry experts
- Financial professionals
- Engineering experts
- Construction experts
There are many benefits of hiring expert witnesses. They provide unbiased and factual testimony. Many experts also have extensive training and trial experience.
Why Did My Attorney Hire an Expert Witness in My Personal Injury Case?
Attorneys hire expert witnesses for many reasons. Some personal injury cases may hinge on the testimony and opinions of expert witnesses. An expert witness can contribute to your personal injury case by:
- Establishing a standard of care the jury can use to determine if the defendant breached their duty of care
- Assessing the plaintiff’s injuries and prognosis to help the jurors understand the severity of the injuries and the impact on the plaintiff’s life
- Explaining how the defendant’s conduct caused the plaintiff’s injuries to establish causation, a required legal element in a personal injury case
- Discussing the validity of scientific evidence and explaining how the scientific evidence supports the plaintiff’s claim
- Calculating the value of economic damages and explaining how specific injuries can increase a plaintiff’s pain and suffering (i.e., non-economic damages).
- Providing crucial details to influence a settlement
Expert witnesses can turn dull, dry, complicated facts and data into easily understood language. They can bridge the gap between the technical issues and the legal requirements for proving a claim.
Get Help With a Personal Injury Case During a Free Consultation
Our attorneys at Cogburn Davidson Car Accident & Personal Injury Lawyers work with the best expert witnesses in their respective fields. We will use our vast resources and skills to fight for your right to fair and just compensation for an injury claim. Call us today at 702-996-4786 to schedule a free consultation with an experienced Nevada personal injury lawyer.
