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Professional assistance becomes critical for effective presentation in a personal injury cases if you want the compensation you deserve. Having a personal injury expert withness on your side can be helpful, even though it is not required in every personal injury case.
So, what exactly is an expert witness in a personal injury case? How might a witness with personal injury expertise impact your case? When should you consult an expert witness, and does it merit the effort? These and many other typical inquiries are discussed in this blog, so keep reading to find out more!
What Is a Personal Injury?
Any damage (physical or psychological) or injury caused due to someone else’s fault is considered a “personal injury.” You may be able to file a personal injury claim if someone else’s negligence caused you injuries or worsened your current condition. By filing a claim through the official personal injury claim portal, you can get compensated for the damages from the party at fault to pay for your medical bills and your injury’s impact on your life.
In most instances, a personal injury compensation claim will be resolved outside court. However, the defendants may contest liability for personal damage, or there may be a dispute between the two parties regarding the claim.
What is a Medicolegal Expert Witness?
An expert witness offers an unbiased medical opinion to help a court, tribunal, or committee. They have expertise in a relevant field, and their testimony assists the court in concluding the issue.
The expert’s assessment primarily determines a lawyer’s course of action in a case. Before court proceedings begin, the expert witness typically won’t have had any direct clinical interaction with the patient. You could call a medical expert witness to do this work if one of the following is required:
- Medicolegal Fact – For an expert witness providing testimony based on information acquired in a professional capacity, their testimony is limited to matters of fact (e.g., a doctor giving evidence on the current status of accident related injuries and the period to recovery)
- Medicolegal Opinion – as an expert witness instructed by one party or both parties, the interpretation of facts must be made based on your KSA (knowledge, skills and abilities) in your field or your field of absolute expertise.
Learn more at Expert Witness in Civil, Family & Criminal Courts.
Expert Witnesses in a Personal Injury Claim
A person employed as an “expert witness” reviews the facts in a specific area of a legal matter and offers opinions based on their training and expertise. An expert witness offers crucial testimony that might support your personal injury claim in courtroom settings.
Due to their specialised knowledge or level of education, courtrooms frequently call on personal injury experts to help explain more complex and subtle aspects of a personal injury case. Their opinions and analysis of a complex problem can be beneficial in various situations. For example,
When someone was seriously harmed in a road traffic accident, they might employ a personal injury expert for assistance in investigation and documentation. Other times, a personal injury expert is also required to analyse documents and evidence.
Personal Injury Expert Witness
The medical expert plays an important role in a personal injury case. The medical expert is the one who determines the claimant’s accident-related injuries and, more importantly, the claimant’s prognosis, i.e., the likely outcome or course of a disease, the chance of recovery or recurrence. The big sums are typically added to a compensation claim considering the future loss.
- Although the claimant or defendant solicitors instruct and pay the medical expert, the expert’s responsibility to the court is to deliver their report regardless of who paid them.
- The opposition party can instruct their chosen medical expert to cross-reference any report or evidence provided by a plaintiff/defendant. The expert who’s instructed can raise any questions or clarifications required in the form of CPR part 35 questions.
- Regardless of the personal injury claim amount, the claimant uses the medical experts that the Claimant’s Solicitors have chosen and advised.
Role of an Expert Witness in a Personal Injury Case
The role of an expert witness is to review the case’s facts and write a report based on their expertise. For example, a general practitioner who can examine all the medical records might serve as the expert witness in a personal injury case. An expert witness can also respond to inquiries during a trial or deposition.
In higher-value cases, the defendant solicitors will typically be permitted to retain their health personnel (while still working to support the court) to examine the injured claimant after the delivery of proceedings, as requested in a directions questionnaire.
The medical professionals in such high-value cases occasionally need to get together and create joint medical reports outlining their points of agreement and disagreement. When a high-value claim gets to trial, the medical experts must typically be present to testify orally before the court to help determine the value of the compensation portion.
Medicolegal Reporting in Personal Injury Cases
Medicolegal reports are fact-presenting papers used as supporting evidence for personal injury cases. It is a form of report developed explicitly for court proceedings by an expert witness with the necessary training and expertise is notable.
Personal Injury Medicolegal Report
A practising healthcare professional who has received the necessary training and is regarded as a specialist in their chosen field of competence is often a recognised expert witness for a medical report. Expert witnesses are tasked with using prudent judgement as they construct a case structure.
In addition to confirming any injuries, they should elaborate on how much recovery has progressed. To their knowledge, a medical report must provide information on whether an accident caused an injury. To be clear, an expert witness’ authority is restricted to formulating recommendations as part of an educated narrative. They cannot treat clients or involve in any way accountable for directly improving their health because it results in conflict of interest
Role of a Medicolegal Report in a Personal Injury Case
A case’s viability depends on a medicolegal expert report. Instructing solicitors can prevail in court or mount a strong case. Expert witnesses must remember that their testimony must be unbiased, irrespective of who hired them and paid their fees. They serve as impartial court officers. Their reports must comply with the requirements of Civil Procedure Rules and be well-reasoned.
If responsibility is contested, experts must ascertain if there is a valid case after any personal injuries have been suffered. Depending on the specifics of the event, the area of expertise will vary. For example, the most frequently instructed expert witness in an auto accident would be an engineering expert witness. They have specialised knowledge about the specifics of the event, thus, are able to confirm responsibilities out of all parties involved in that accident.
Medical professionals must comment on the type of injuries and the degree to which they were caused by an accident and offer a prognosis. When the injuries are complicated, several experts will be consulted, and each of their reports will make up a piece of the puzzle. As a result, experts are expected to report concerning the claim as a whole rather than individually.
What Are the Benefits of Using a Personal Injury Expert Witness?
Using expert witnesses in your personal injury case is crucial to collate the necessary evidence to determine your compensation. Depending on the requirements of your claim, an expert witness can bolster your personal injury case in various ways, such as:
- Endorsing you as a reputable third party
- Providing a concise summary of a complex case
- Offering their expert analysis of the information
- Can persuade the judge or jury in your favour
- Countering the testimony of opposition witnesses
Quantum expert witnesses are also required to support personal injury experts in helping lawyers value the claim. A handful of the professionals frequently called upon in personal injury cases include care experts, accommodation experts, prosthetic experts, employment experts, and pension experts.
Which specialists are required will depend on the specifics of the case. Given the possibility of multiple experts being retained on a single case, it is crucial for the instructing attorney that the experts be qualified.
Why and When Do You Need an Expert Witness?
Your personal injury lawyer will indicate when you need a personal injury medical expert witness who can be useful to your case. These experts are usually instructed after liability has been admitted by third-party insurers, based on the type of injuries sustained by an individual.
In instances involving the following types of personal injuries, expert witnesses can be particularly beneficial:
- Whiplash Injuries, including neck strain, spinal injuries, damaged ligaments, muscles etc.
- GDPR Data Breach Incidents, resulting in fear, insecurity and similar mental health issues.
- Road Traffic Accidents (RTA), including your bicycle being knocked, a car accident, etc.
- Housing Disrepair, where there are maintenance issues or stress caused by a rented property
- Slip (Trip) and Fall Accidents, including slipping on a wet floor, getting hit by a bottle or a can, etc.
- Employers’ liability, including workplace accidents, work-related stress, poor management, etc.
Are you looking for a Slip and fall personal injury expert? Or, if you are in the process of filing a compensation claim for an RTA accident, look no further! Concise Medico has the most comprehensive panel of RTA expert witnesses, slip and fall experts, and whiplash personal injury expert witnesses. We can get you compensated for your psychological loss.
Contact Our Personal Injury Experts for Assistance!
An expert witness could help support your claim if you are dealing with psychological issues stemming from a personal injury that wasn’t your fault. To get you the maximum compensation you are entitled to, our personal injury expert witnesses put in a lot of effort to develop a compelling medicolegal report for your case.
To understand more about your legal options, schedule a free consultation with no commitment right away.
