Types Of Experts In A Rochester Personal Injury Case

Jed Dietrich, Esq., Recognized as a Best Lawyer and American Institute of Personal Injury Attorneys 10 Best Attorney, is Committed to Protecting the Rights of Accident Victims Across Rochester. If You, or a Loved One, Have Been Injured in a Monroe County Accident That Was Not Your Fault, Our Experienced Team of Attorneys Could Help You Collect the Evidence You Need to Obtain a Fair Settlement.

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In the aftermath of a serious car crash, semi-truck collision, or slip-and-fall accident, victims often find themselves struggling to overcome immense hardship. Unfortunately, making sense of an accident is rarely ever easy, even when the right insurance policy is in place; accident-related expenses can accumulate quickly and with little warning, leaving victims deprived of both their physical independence and their financial autonomy.

While no award or judgment can ease the pain of a life-changing accident, many victims have options beyond debt and distress. Under Empire State law, any accident victim injured by another party’s negligence has a legal right to file a compensation claim.

However, the success of a lawsuit is almost always contingent on the availability of high-quality evidence. When the circumstances of an accident are opaque, an expert witness's testimony could play a pivotal role in determining the outcome of a jury trial or settlement negotiations.

The Dietrich Law Firm P.C. has spent over 20 years litigating high-stakes personal injury claims. Our experienced team of Rochester accident attorneys could help you, or a loved one, collect the evidence needed to establish a reckless motorist or a negligent business’s misconduct—and we have the results to prove it. Please send us a message online or call us at 585-939-3939 to schedule your free consultation as soon as possible.

Understanding The Differences Between Lay Witnesses And Expert Witnesses

Witness testimony can make or break a personal injury lawsuit. Suppose a witness is called to testify in arbitration or at trial. In that case, they can provide much-needed clarity on hotly contested issues, ranging from the circumstances surrounding an accident to the extent of a victim’s injuries.

However, a witness is not necessarily an individual who saw an accident unfold before their very eyes. Instead, they could be either of the following:

1. A Lay Witness: A lay witness is any witness not testifying as an expert witness. They do not need to understand the characteristics of an accident to testify, nor do they need to be recognized experts in their field. Under most circumstances, they can only speak to events and matters they have personal knowledge about.
2. An Expert Witness: An expert witness is a person with special knowledge, technical skills, or advanced education who can inform the court about complex matters relating to an accident or accident investigation. Expert witnesses may draft reports to be shared at trial or be asked to speak live in court. In either case, they must provide sound analyses based on tested and accepted principles.

In a personal injury lawsuit, lay and expert witnesses can prove critical assets to either party. However, while lay witnesses are limited in their testimony, expert witnesses can offer opinions and make assertions beyond their first-hand observations. This testimony can then be used to establish the formative elements of an accident claim.

The Dietrich Law Firm P.C. has spent years fighting for the rights of accident victims. If you or a loved one has been injured in a Rochester, New York, accident that was not your fault, our experienced team of attorneys could help build a compelling and evidence-based claim for compensation. Please call us at 585-939-3939 to schedule your 100% free, no-obligation consultation.

The Role Of Expert Witnesses In A Rochester Personal Injury Claim

Since the testimony of expert witnesses is not limited to first-hand observations, they can help personal injury attorneys and their clients by doing the following:

1. Strengthening their understanding of how an accident was caused;
2. Providing critical insight on industry-specific safety procedures, manufacturing processes, or scientific principles; and
3. Explaining how an accident-related injury will likely affect a victim’s long-term quality of life.

However, just as there are two different types of general witnesses, there are also different categories of expert witnesses. Personal injury expert witnesses, for instance, are typically categorized as either of the following:

1. Consulting Experts: A consulting expert is retained by an attorney, either for the plaintiff or the defendant, in anticipation of litigation. Consulting experts are hired for various purposes, from analyzing theoretical frameworks to assessing a claim’s overall chances of success. Unlike testifying experts, consulting experts are not expected to provide testimony at trial and, in many cases, are explicitly prohibited from doing so. Consequently, information about consulting experts—including their findings, insight, and identities—is not usually released during discovery, the formal exchange of evidence between parties to a personal injury claim.
2. Testifying Experts: A testifying expert is an expert who is expected to present evidence at trial. This evidence may be in the form of a written report or verbal testimony. Since the identities of testifying experts are disclosed during pre-trial discovery, it is common for opposing counsel to challenge an expert witness’s credentials and professional expertise.

Consulting and testifying experts can both play incredibly important roles in litigation. Their expertise can influence an attorney’s overall strategy or inform a key argument.

The Most Common Types Of Expert Witnesses In Accident Lawsuits

Consulting and expert witnesses are broad terms to describe an individual witness’s role in litigation. However, different types of expert witnesses may be hired in various cases.

The most common types of expert witnesses in personal injury lawsuits include, but are not limited to, the following:

1. Medical Experts: A medical expert is a health professional, often your doctor, qualified to testify about the nature and extent of your injuries. They may also provide their opinion on the necessity of different treatments.
2. Accident Reconstruction Experts: Accident reconstruction specialists use advanced methods to establish the characteristics of a motor vehicle collision or other accident. These characteristics could include the speed of the vehicles involved, attempts to brake or otherwise avoid an impending accident, or the effects of the angle of impact upon crash severity.
3. Economic Experts: Economic experts can assess an accident victim’s existing damages and long-term financial needs.
4. Manufacturing Experts: Manufacturing experts are usually engineers or other experienced professionals with an in-depth understanding of industry-specific standards and processes. These experts can determine how a product failed or whether a manufacturer negligently failed to ensure its safety before releasing it for sale.
5. Highway Safety Experts: Highway safety experts can testify to road-related defects and conditions that could have caused, or contributed to, an accident.

The Dietrich Law Firm P.C., recognized as a U.S. News & World Report Best Law Firm, knows what it takes to overcome even the most vigorous defense. Since our founding in 2005, we have helped clients across Western New York obtain more than $250 million in damages. We could help you, too. Please message us online or call us today at 585-939-3939 to speak to a Rochester accident lawyer and schedule your no-cost consultation.

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Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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