Accidents happen. The California Health Care Foundation reports that millions of people visit the emergency room for accidental injuries every year in our state. If you were hurt because another party acted in a negligent manner—whether it was a distracted driver or a truck company that failed to inspect a vehicle—it is imperative that you secure the maximum compensation.
Personal injury claims can be complicated. In some cases, expert witnesses are called upon to help the court understand technical evidence or otherwise resolve a dispute. Within this article, our Riverside personal injury attorneys provide a more comprehensive overview of the role of expert witnesses in personal injury claims in California.
What is an Expert Witness?
Testimony from an independent witness can be a powerful, compelling form of evidence in a legal case, including in a personal injury claim. There are two different categories of witnesses. The first—fact witnesses—use their first-hand knowledge to testify to an issue that is relevant to the case. For example, a person who saw a car crash may testify as to what happened at the scene.
There are also expert witnesses. Broadly defined, an expert witness is a professional with specialized knowledge, skills, or experience in a particular field who is called upon to provide testimony in legal proceedings. Their role is to offer clarity and expert opinions to the court on complex matters within their area of expertise. An expert witness can have a major influence on the outcome of a case by helping the court understand the technical aspects of the evidence presented.
The Role of an Expert Witness in a Personal Injury Claim
What does an expert witness testify to in a personal injury claim in California? The answer depends on a wide range of case-driven factors. Most often, the role of an expert will be to clarify a technical issue and/or provide a professional assessment of a specialized matter. Typically, the role of an expert witness in a personal injury case will be to testify to one or more of the following:
- Determination of Liability: Liability is a big issue in many personal injury claims. An expert—such as an accident reconstruction specialist—can play a key role in determining liability by providing insights into how an accident occurred. The analysis of physical evidence and the application of engineering principles may be relevant.
- Specialized Knowledge: Experts in fields relevant to the case bring specialized knowledge that aids the court in understanding complex issues. For instance, a biomechanical engineer might explain the mechanics of an injury in a car accident.
- Compliance and Standards: In certain cases, expert witnesses verify whether specific industry standards were met or violated. For example, a safety expert might testify as to whether or not a large trucking company complied with federal safety standards.
- Assessment of Damages: Finally, expert witnesses are instrumental in quantifying the extent of damages sustained by the plaintiff. Among other things, this includes physical injuries, psychological impact, and direct financial losses. As an example, a medical expert can testify about the severity of injuries, the necessity and extent of medical treatments, and the prognosis for recovery.
Know the Standard for the Admissibility of Expert Witnesses in California (Frye Test)
An expert witness is not always allowed to testify in a personal injury claim. Certain standards must be met before their opinion can be heard by a judge or jury. In California, the standard for the admissibility of expert witness testimony is governed by the Frye Test. It originates from the 1923 Supreme Court case of (Frye v. United States). To start, the expert’s testimony must be deemed relevant to a material issue in the case at hand. Beyond that, the Frye Test mandates that the methodology or scientific principle used by the expert must be “generally accepted” by the relevant scientific community.
The Bottom Line: An expert witness can provide compelling testimony in a personal injury case. However, in California, a non-fact witness (expert witness) is not automatically allowed to testify in court. To be admissible as a witness, an expert witness must satisfy the California Rules of Civil Procedure. The Frye Test is used to determine whether or not an expert witness should be allowed.
Injured Victims Deserve the Maximum Financial Compensation
Through a personal injury claim, you have the right to seek compensation for the full extent of your damages, including non-economic losses. It is crucial that your damages are well-documented so that you are in the best possible position to secure the maximum settlement or verdict. You may be entitled to recover financial compensation for:
- Ambulance costs and emergency room care;
- Hospital bills and other related medical costs;
- Physical therapy and mental health counseling;
- Lost wages and diminishment of earning power;
- Pain and suffering & mental distress;
- Disability or scarring; and
- Loss of quality of life.
Why Rely On Our California Personal Injury Lawyers
Personal injury cases are complicated—especially so if you need an expert witness to testify to liability or damages. You do not have to take on a large insurance company on your own. At The JLF Firm, we are proud to be award-winning advocates for victims and families. Among other things, our Riverside personal injury attorneys are prepared to:
- Hear your story and review your case;
- Investigate your accident, gathering evidence;
- Connect you with the right expert witness(es);
- Handle settlement negotiations with insurers; and
- Take aggressive action to protect your legal rights.
Get Help From Our Riverside Personal Injury Attorney Today
At The JLF Firm, our California personal injury fight aggressively to protect the rights of victims and families. If you have any specific questions or concerns about the role of expert witnesses in personal injury claims, we are here as a legal resource. Contact us today for a free, no obligation initial consultation.
