Injury In Idaho

Choosing an Expert Witness in an Injury Case

When a car accident case goes to trial the jury will hear the testimony of a variety of witnesses. These witnesses fall into the two categories:

1. Fact Witnesses

2. Expert Witnesses

Fact Witnesses

The vast majority of witnesses at trial will be fact witnesses. Fact witnesses testify to things that they have seen or heard. Examples can include:

—       Persons who saw the collision of the motor vehicles in a crash.

—       Friends and relatives who knew the injured person before and after the crash, and can testify about changes in the injury person’s life and details about the his recovery.

—       The physicians, nurses and other health care providers who treated the injured person.

Expert Witnesses

Idaho Evidence Rule 702 defines the role of expert witnesses at trial, stating:

“If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, expertise, training, or education, may testify thereto in the form of an opinion or otherwise.”

Examples of expert witnesses typically seen in personal injury lawsuits include:

— An accident reconstructionist (see article here)

— An economist who can calculate the future loss of earnings resulting from an injury which prevents a person from returning to her normal          occupation.

— A life care planner who can calculate the cost of future medical care caused by an injury.

— A physician who can evaluate whether a treating doctor committed medical malpractice.

Choosing a Qualified Expert is Not Easy

Testifying as an expert can be quite lucrative, and this financial incentive has led to a huge proliferation of persons calling themselves “experts.” But hiring the wrong expert can ruin an otherwise meritorious personal injury case. An experienced personal injury attorney will take the following criteria into consideration when choosing an expert:

1. Is the expert qualified? That is, does he have the requisite education and experience that would convince a jury that he speaks authoritatively?

2.  Is the expert honest and ethical? It is very important that the expert has not provided contradictory testimony in multiple prior lawsuits. The insurance attorney in a lawsuit will frequently obtain copies of depositions that the expert has given in prior cases. If that testimony contradicts the positions that the expert is taking in the current case, he will be confronted with the contradictions in cross examination during trial.

3. Is the expert a good teacher? Even the most brilliant and qualified expert will not help a plaintiff’s case if she cannot explain the core concepts of her theory in a way that is understandable to ordinary folk. If the expert is not a good teacher then the money spent for that expert will be a complete waste.

Coeur d’Alene attorney James Bendell has hired many experts while representing people injured due injured due to the negligence of others. Contact him if you need help or have questions about your injury claim at or by filling out the contact form.

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