What Is The Role Of Expert Witnesses In Florida Personal Injury Cases?
Witnesses can play a crucial role in your personal injury case. Often, when people think of witnesses in a personal injury case, they think of people who saw the incident. Indeed, you need such witnesses in your personal injury case. Such witnesses are called “lay witnesses.” However, lay witnesses are just one type of witness you may need in your Florida personal injury case. Depending on the specifics of your case, you may need “expert witnesses.” Unlike lay witnesses who can only testify about what they saw or heard firsthand, expert witnesses offer an independent opinion on the subject based on their education, skill, training, experience, expertise, or knowledge. Expert witnesses can play a vital role in your Florida personal injury case and help you recover the compensation you deserve.
Below, we explain who an expert witness is, the role of expert witnesses, the rules that apply to expert witness opinions in Florida, and the types of expert witnesses commonly called upon in personal injury cases.
Who Is an Expert Witness and What Is Their Role?
An expert witness is a professional who may not have seen the incident but has specific knowledge or skill on the subject they’ve been called to testify about. In other words, an expert witness has extensive skill and knowledge in a specific area. Expert witnesses provide objective and unbiased analysis based on skill, knowledge, and experience. They don’t advocate for a particular side. Expert witnesses help explain the complexities in fields where other people lack understanding. Usually, expert witnesses are called upon when technical, scientific, or other specialized knowledge will help the court to understand the evidence or determine a fact.
Rules That Apply to Expert Witnesses in Florida
In Florida, specific rules apply to expert witnesses in criminal and civil cases, including personal injury cases. According to Florida Statute 90.702, if scientific, technical, or other specialized knowledge is needed to help the court understand the evidence or determine a fact in issue, an expert witness can testify if;
- Their testimony is based on sufficient data or facts;
- Their testimony is the product of trustworthy methods and principles; and
- They have applied the methods and principles reliably to the case’s facts.
Types of Expert Witnesses in Florida Personal Injury Cases
Numerous experts can be called to testify in a Florida personal injury case. The type of expert witness you need in your personal injury case depends on, among other things, the kind of accident or incident and the kind of injury. The following are some examples of experts commonly called upon to testify in Florida personal injury cases:
Accident Reconstruction Experts
This kind of expert witness can be called upon to testify in a motor vehicle accident if it is unclear how the accident happened and who is liable for the accident. Accident reconstruction experts rely on extensive training and knowledge to determine the factors that contributed to a motor vehicle accident, including speed, momentum, and direction.
Economists
An economist provides an opinion on the economic impact of a personal injury on a victim’s life. For instance, they can testify about whether a victim can work or whether an accident has negatively affected a victim’s ability to work. An economist can testify about the future economic impact of a personal injury.
Medical experts
These are the most commonly called-upon expert witnesses in personal injury cases. Medical experts testify about the nature of a victim’s injuries and how severe the injuries are. They testify about whether or not a plaintiff will likely require future medical treatment or care. Medical experts can also help prove if a pre-existing injury was worsened by an accident.
Vocational Rehabilitation Experts
Usually, vocational rehabilitation experts are called upon when a personal injury case involves loss of earning capacity or inability to retain a job in the future due to injuries sustained. A vocational rehabilitation expert provides evidence that a claimant cannot perform the requirements of their previous job and ascertains what kind of work a claimant can do given their current injuries.
Phone Records Specialists
Distracted driving is a major problem in Florida. The FLHSMV approximates that over 1,000 distracted driving accidents happen in Florida every week. A phone record specialist may be called upon in a car accident case to help determine if a driver was using their phone when the accident happened. A phone record specialist can determine this by matching phone records with the accident timeline.
Contact a Naples Personal Injury Attorney
If you’ve suffered injuries in a Florida accident because of another party’s negligence and need help recovering the compensation you deserve, contact our qualified Naples personal injury attorneys at The Law Offices of Marc L. Shapiro.
Source:
flhsmv.gov/2022/04/01/after-deadly-year-flhsmv-launches-distracted-driving-awareness-campaign/
