The Role of Expert Witnesses in Pennsylvania Personal Injury Trials

The Role of Expert Witnesses in Pennsylvania Personal Injury TrialsExpert witnesses play a crucial role in Pennsylvania personal injury trials, offering specialized knowledge to help the court understand complex issues related to the case. If you are involved in a personal injury case, it is worth it to learn how an expert witness may be able to strengthen your case.

The role of an expert witness

Here’s a detailed description of an expert witness’s role in personal injury claims:

  • Provide specialized knowledge: Expert witnesses are typically professionals with specialized skills or knowledge in a particular field relevant to the case. They help clarify complex subjects beyond the general knowledge of the jury or judge.
  • Help establish fault: In cases where fault or negligence is contested, expert witnesses can provide critical insight into the standards of care and whether those standards were breached. Their testimony can be pivotal in proving negligence or refuting the claims made by the opposing party.
  • Impact damages: Expert testimony is often essential in quantifying damages. Experts can provide detailed forecasts and accounts that help juries understand the future implications of injuries, which is vital for calculating fair compensation.
  • Influence the jury: The credibility and qualifications of expert witnesses can significantly influence the jury’s perception of the case. Expert testimony is often seen as more objective and can be persuasive in forming the jury’s opinions about the key issues of the trial.

Expert witnesses provide essential testimony that can help clarify complex matters, establish liability, and accurately determine damages. Their influence on the outcome of a trial can be substantial, making their selection and preparation a critical aspect of legal strategy.

Types of expert witnesses

Attorneys may turn to various expert witnesses to provide testimony in personal injury trials, depending on the case’s specifics. Each type of expert witness brings specialized knowledge to help the court understand aspects of the case that are outside the typical knowledge of jurors and judges. Here are several common types of expert witnesses used in personal injury trials:

  • Accident reconstruction experts: These experts can analyze how an accident occurred by using the physical evidence from the scene, such as skid marks and vehicle positions, to reconstruct the events leading up to the accident.
  • Economic experts: Economists or financial experts testify to the economic impact of injuries, including loss of earnings, future medical costs, and other financial losses.
  • Forensic engineers: These professionals analyze product failures, mechanical issues, or structural problems that may have contributed to an accident. They are often used in cases involving machinery, vehicles, or workplace accidents.
  • Human factors experts: Specialists who examine the relationship between human behavior and the environment, often focusing on how people interact with products and machinery. Their expertise can help explain why an accident occurred from a human behavior perspective.
  • Life care planning experts: These professionals assess the future needs of people who have suffered long-term or permanent injuries and provide detailed plans and costs for ongoing medical care, rehabilitation, and any modifications necessary for living with a disability.
  • Medical experts: Doctors or medical professionals can testify about the plaintiff’s injuries, prognosis, and required treatment, which is critical in establishing the extent of physical damages.
  • Mental health experts: Psychologists or psychiatrists can testify about the psychological impact of the injuries sustained, such as depression, anxiety, and PTSD. This testimony is crucial in cases where mental anguish or psychological conditions are claimed as damages.
  • Toxicologists: Experts in the effects of chemicals or substances on the human body might be called in cases where drug or alcohol use is alleged to have played a role in an accident or in cases involving exposure to harmful substances.
  • Vocational rehabilitation specialists: Vocational experts assess the impact of an injury on a plaintiff’s ability to work and their potential for future employment. They might evaluate the injured party’s skills and the job market to determine suitable employment opportunities post-injury.

Expert witnesses play critical roles in helping courts understand the nuances of how an injury occurred, the implications of those injuries, and the associated costs, leading to the fair resolution of personal injury claims.

Do expert witnesses testify on behalf of the party that hires them?

Expert witnesses are expected to be impartial and provide objective, unbiased testimony based on their expertise, regardless of which side hires them. However, the perception of bias can sometimes arise because experts are compensated by the party that hires them. Here are some points to consider regarding the potential bias of expert witnesses:

  • Professional integrity: Reputable experts are mindful of their professional integrity and reputation. They generally strive to provide objective opinions based on their expertise and the case facts. Their credibility is crucial, not only for the current case but for future engagements.
  • Legal and ethical standards: Expert witnesses are bound by legal and ethical standards that require them to provide independent and unbiased opinions. Courts also have rules (like the Daubert standard in federal courts and similar standards in state courts) to ensure that the testimony is based on sound scientific or professional principles.
  • Cross-examination: The opposing side can cross-examine expert witnesses to expose any overt biases or flaws in their methodology. This serves as a check to discourage biased testimony.
  • Peer review: Expert witnesses’ methodologies and conclusions can be subject to peer review, especially in scientific fields. Experts whose methods align with those accepted in their professional community are less likely to be seen as biased.
  • Disclosure requirements: Experts are typically required to disclose their full relationship with the hiring party, including compensation details. This requirement maintains transparency.
  • Selection process: Both parties in a case have the opportunity to hire their experts, which can help balance perspectives and reduce the impact of any potential bias from one side.

Despite these safeguards, the potential for perceived bias can never be completely eliminated, and it is often an issue raised by the opposing counsel during cross-examination. The effectiveness of an expert’s testimony may ultimately hinge on their ability to convey impartiality and base their conclusions solidly on their professional expertise.

How do I know if my case requires expert testimony?

Under Pennsylvania law, expert testimony must be relevant to the issues in the case and the result of reliable methodology. The testimony must meet certain criteria to be admitted, which typically include the relevance of the expertise to the case, the expert’s qualifications, and the scientific validity of the expert’s methods.

The Pittsburgh car accident attorneys at Carmody and Ging, Injury & Accident Lawyers have a combined 60 years of experience advocating for injury victims. We work with investigators, law enforcement personnel, and numerous expert witnesses to prove another party’s liability and get you the recovery you deserve. Call or fill out our contact form to schedule a free initial case evaluation with one of our attorneys today.