Witnesses are usually called to the stand in personal injury cases. They are used to provide clarity when certain aspects of the accident are disputed. For instance, an eyewitness to a car accident can objectively recount their view of the accident.
Expert witnesses play a separate role from an eyewitness. They have extensive education and experience in accident-related matters such as technical knowledge in automotive mechanics. For a case related to a car accident, such knowledge and expertise make that witness an invaluable resource regarding details that must be proven to have occurred or played a significant role in the crash.
Even though expert witnesses are rarely on the scene when an accident occurs but can provide testimony in critical aspects of the claim. The expert witness’ role is crucial to judgments related to the case because he or she has an expertise that other parties in the case do not have. This knowledge is needed to prove certain claims made, based on the findings of accident investigations.
Experts are not in any way related to the parties involved in the case, so their testimony is perceived as impartial and objective, based only on accurate information and theories associated with their area of knowledge and expertise.
— Types of Personal Injury Case Expert Witnesses —
Expert witnesses differ in type for personal injury cases. Two such types of expert witnesses are the testifying expert and consulting witness.
Consulting witnesses use their experience and knowledge to help parties in the case understand fundamental issues and facts on which the case is based. They do not appear in court or testify on the stand but have a very important role because they are to help attorneys clearly understand complex and technical issues that are part of the personal injury case. On the other hand, testifying experts do appear in court and testify on the stand so as to effectively communicate relevant issues to the jury, judge and others in the case.
In cases of personal injury, there are common types of expert witnesses used to prove a case. Medical specialists are commonly engaged as expert witnesses to testify about issues such as the injuries inflicted on the victims, the available options for their recovery and information about necessary treatments. Other specialists include Engineering experts (used in liability regarding structural issues and building constructions), manufacturing experts (used in auto accident claims), etc.
Not all personal injury cases need expert witnesses. But cases of auto accidents, claims of product liability, slip and fall accidents, etc often gain from the information an expert witness can objectively provide.
Victims are allowed to use experts for investigation and review of their cases as needed. These witnesses are necessary to prove claim credibility and explain difficult subject matters in ways that laymen can understand. The case outcome for a victim is often linked to expert witness testimony and how these experts were able to relay information to the judge and jury.
Contact a Petrov Law Firm attorney today for a consultation. We effectively use expert witnesses to help battle a personal injury claim.Read More
Let’s say, for example, you twist your ankle and fall, sustaining several other injuries such as a bruised tailbone and a cut on your palm. These three injuries can add up to thousands of dollars in medical bills. If you rely on your hands and feet to perform the majority of your job (like being a server at a restaurant), you might lose thousands of dollars because you are unable to work.
However, who you sue for these injuries depends on where the injuries occurred.
If you were working when the injuries occurred, then you do not have a personal injury claim. If you got hurt while at work, then you have a workers compensation claim. If you were not on the clock, but you were at your workplace for personal reasons, then you would then have a personal injury claim.
If you fell and sustained your injuries while you were at the grocery store (or any other private property except your own home) then you have a personal injury claim. Even if you don’t know the cause for the fall (such as a slippery floor), you can file a claim for a personal injury and an insurance company will likely pay out on the claim to make it go away.
If you fell on public property, like the sidewalk, you are most likely out of luck. While you can try to sue the city for negligence, you and your lawyer will carry the burden of proving the city was grossly at fault for the fall. A long-standing, well-reported, dangerous sidewalk might be sufficient evidence to get the city to bend and pay for some of your losses.
If you fell in your own home, then you will have to use your own personal health insurance policy to cover the injuries. Generally, homeowner policies will not cover the expenses of an injury to the homeowner or resident. If a guest falls in your home, then your homeowner’s policy will cover the cost of the guest’s expenses.2626Read More
Down by the California coast, this isn’t a question anyone will ask. But with California’s drastic climates, ice and snow can develop nearby in the forest and mountains. Homeowners, renters, business owners, and landlords can be held responsible for the slips and falls that happen during a storm or cold snap.
Landlords and tenants frequently fight about this issue in the colder states, where the ice and snow last longer. While rulings vary by city, county, and state, generally the landlord has to make sure the tenant is being responsible for keeping the property safe from hazards. So both landlords and tenants have to keep walkways clear of ice and snow in a reasonable amount of time.
Luckily, these kinds of slip and fall accidents are covered by renter’s insurance, homeowner’s insurance, and landlord insurance. However, if you are being grossly negligent for the general upkeep of your property, an insurance company could claim you violated the policy, therefore making it null and void.
With the variation in law, the ambiguity regarding time frame, and the rarity in some locations, you will need a lawyer for a slip and fall accident. The insurance companies will look to see who else can be held responsible for the cost. So whether you are the victim or the homeowner (tenant or landlord) call a lawyer to avoid a lengthy and costly lawsuit.Read More