What Car Crash Victims Need to Know About Expert Witnesses

 Posted on August 16, 2017 in Personal Injury

If you have been injured in a car accident, you may think that your case is straightforward and that it is obvious that you deserve compensation for your losses. Sometimes this can be the case, but often, in order to get you a full recovery, the case becomes more complicated and requires the use of accident litigation professionals.

In these cases, you should seek the legal counsel of a car accident attorney who can assess your case and explain potential strengths and weaknesses. Your attorney may inform you that an expert witness will be needed to testify on your behalf to prove the following.

Proving Fault

The first thing an accident victim must do is prove that he or she was not at fault (or was less at fault than the other driver). Fault may be obvious and even stipulated to by both parties. But if this is not the case, either side may name an expert witness who will testify about who was at fault.

This expert may discuss the law the drivers are required to follow or may reconstruct the accident based on physical damage and eyewitness testimony.

Proving Medical Damages

If the judge or jury is satisfied that the other party is at fault, the legal inquiry will turn to damages. As the accident victim, you must prove that the damages you want to be compensated for were caused by the car accident.

As opposed to accident reconstruction expert witnesses, in this stage, you will need to seek the help of a medical expert witness such as a doctor. This witness will be able to explain how the accident led to your injuries. This witness will also be able to explain what treatment was required and what treatment will be needed in the future.

Medical expert witnesses are crucial if you have a pre-existing health condition at the time of the accident or if your injuries are substantial and will require significant amounts of future care.

When the Insurance Company Uses Expert Witnesses

In some cases, an insurance company may hire an expert first. In these cases, it is advisable for the accident victim to also hire an expert. Unrefuted expert testimony will be given a significant amount of weight by a judge or jury.

Expert testimony can be based on assumptions that may be wrong or partially true and can be challenged on cross examination by an attorney and by an expert retained by the accident victim.

Call a DuPage County, IL Car Crash Lawyer

Retaining a lawyer will mean that your best interests are protected at every stage of litigation. The insurance company has a team of lawyers and experts, and you should have someone who can stand up to them. Contact the efficient Hinsdale, IL car wreck attorney at the Law Office of Martoccio & Martoccio at 630-920-8855 today.

Source:

https://www.illinoislegalaid.org/legal-information/auto-accidents-lawyer-manual