While there’s a good chance that you’ll be able to resolve your personal injury case without having to litigate the facts in open court, you can’t completely rule out the possibility of having to present your case to a judge and jury. In fact, many successful car accident settlements are acquired because the victim was ready to go to trial when they walked into negotiations. Therefore, now is the time to start building your case so that you can clearly articulate your arguments and the evidence you have to back them up. This means gathering documentary evidence and eyewitness accounts, but you should also consider whether expert testimony can help bolster your case.
The number and type of experts that you’ll need in your personal injury case will depend on the facts at hand. That said, here are some of the most commonly utilized experts that you’ll want to consider using in your case:
- Medical expert: A significant part of the damages in your case are going to be forward-looking. This means you may need a medical expert who can testify to the severity of your injuries, your need for ongoing treatment and your prognosis. The defense may have their own medical experts, though, so make sure you fully vet your expert to protect them from harmful cross-examination, and research the defense’s experts so that you’ll know how to attack their credibility and thus the reliability of their testimony.
- An accident reconstruction expert: If the cause of your accident is in dispute, then an accident reconstruction expert may be needed. This individual knows how to apply the laws of physics to the facts, which will lead them to a conclusion as to how the accident was caused and who is to blame. Their investigation, analysis and conclusion should be thorough, taking into account everything from tire marks to witness accounts and vehicle resting positions. Just like with medical experts, though, you should be prepared for the defense to have their own accident reconstruction expert that’ll try to contradict and minimize the power of the testimony given by your expert.
- A vocational expert: The extent of your injuries could impact your ability to work for a long time to come. But the judge and jury aren’t going to take your word for it. Instead, you may need a vocational expert to come in and testify to how your accident injuries hinder your ability to work or advance in your career. This can help you demonstrate the damages you’ve suffered in the form of anticipated lost wages and lost earnings capacity.
- Mental health expert: Although your accident injuries have probably taken a significant physical toll on you, they’ve probably also damaged your mental well-being. An expert on mental health can speak to the harm that’s been caused to you and explain how your newfound mental condition impacts your daily living.
There’s a lot that goes into building a strong personal injury claim. You have to know the law, gather compelling evidence and craft powerful arguments, all while you’re trying to recover from the harm that’s befallen you. That’s a lot, but don’t let it dissuade you from taking the action needed to find favorable resolution to your case. Instead, consider whether you need to find help in navigating your claim so that you can make fully informed decisions aimed at protecting your interests.
