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(253) 272-5226Your attorney may suggest bringing in an expert witness to strengthen your personal injury case. Expert testimony can play a key role in the outcome of your claim by providing valuable insights.
In this post, we’ll explore the different types of expert witnesses and how they help build a stronger case.
An expert witness is a professional with specialized knowledge who provides objective insights in a legal case. This person has extensive education and experience in a specific field and is qualified to present their expert opinion before a judge or jury. Courts allow expert testimony because it helps clarify complex topics and adds credibility to a case.
In Washington State, attorneys are required to disclose their expert witnesses ahead of time, typically during the pre-trial phase, so that both sides are aware of who will be testifying. This ensures fairness in the legal process.
It’s important to understand the difference between expert witnesses and fact witnesses. A fact witness is someone who directly observed what happened—such as a bystander at the scene of an accident. While both types of witnesses can strengthen a personal injury claim, this post will focus on expert witnesses and their role in building a strong case.
While an expert witness can come from just about any field, here are a few of the more common types you’re likely to see in a personal injury court setting.
Doctors, surgeons, nurses, and other medical professionals can explain the severity of a victim’s injuries and the treatment needed. In a medical malpractice case, your attorney will bring in an expert from the same field as the doctor who caused the harm. Their role is to help the court understand what the proper standard of care should have been and whether it was violated.
An accident reconstruction expert evaluates evidence such as vehicle damage, skid marks, and injuries to piece together what happened. Their objective, third-party testimony can play a powerful role in helping the court understand who’s at fault.
In cases involving severe injuries, these experts assess how lost wages and reduced earning potential will affect the victim’s financial future. Their testimony helps the court understand the long-term economic impact of the injuries.
Therapists and psychiatrists help explain the emotional impact of an injury, such as PTSD, anxiety, or depression. Their testimony can support claims for pain and suffering by detailing symptoms and necessary treatments.
These witnesses can shine on a light on claims involving defective products, unsafe premises, or hazardous work conditions.
Depending on the case, other specialists may also be brought in to offer their expertise and strengthen the claim.
Expert witnesses can add significant value to your case in several ways:
Having the right expert witness on your side can make a powerful difference in the outcome of your case.
Not every case requires an expert witness, but there are common situations where one may be necessary:
Your attorney will advise you when an expert witness is needed and help identify the right professionals to support your case.
While expert witnesses can be invaluable, there are some challenges to consider. One key drawback is the cost: expert witnesses often charge significant fees for their time. This is why your attorney may only recommend one if the potential value of your case justifies the expense.
Another consideration is that the opposing party may try to discredit the expert’s testimony, sometimes by questioning their credibility. Also, there’s always the chance that a judge could exclude certain testimony if the expert isn’t qualified, or they find their analysis flawed.
This is why it’s important to work with an experienced personal injury attorney. Choosing an attorney with strong courtroom background and a deep network of respected expert witnesses sets your case up for success.
The team at Ladenburg Law brings decades of courtroom experience to every case. We know how to build a strong case from the very beginning.
There’s no cost to contact us—we’re here to listen to what happened and offer guidance on your legal options. We only charge a fee if we work together and win your settlement. It’s that simple. With no obligation to you, why not give us a call today at 253.272.5226 or fill out the quick form on our website?
Arbitration is a method for resolving a case rather than a traditional jury trial. Sometimes, it’s mandatory that you file your case for arbitration. Other times, it’s voluntary.
Here’s how the process works once you’ve filed your case:
Most counties in the State of Washington have what’s known as the Mandatory Arbitration Rule (“MAR”). MAR requires that cases valued at $100,000 or less must be placed into arbitration. These cases will then follow the arbitration process explained above.
Mandatory Arbitration exists to keep courtroom calendars open for larger cases. It also reduces the time, effort, and expenses involved when a case goes to trial.
There are several benefits of having a case go through arbitration instead of a jury trial:
Overall, the process is less formal and brings a quicker resolution.
As explained earlier, the Mandatory Arbitration Rule requires that cases under $100,000 be placed in arbitration.
But what if your case is valued at more than $100,000 and you want to opt for arbitration over a jury trial? You can still place your case into arbitration, the largest settlement amount you can receive is $100,000. Even so, sometimes you might decide the benefits of arbitration are worth the potential loss.
Yes. The current cost to place a case into Mandatory Arbitration is $220. There is also a $240 fee to start the lawsuit. These fees are subject to change.
The finality of the decision depends on if the arbitration is mandatory or voluntary. If the case was voluntary, the decision is final. In mandatory arbitration cases, you can appeal the decision.
Either party can appeal if they believe the arbitrator’s decision was grossly unfair. But there are some potential risks to consider before moving forward.
If a party appeals a decision, it then goes to a jury trial. The party that files the appeal must have strong belief that they can improve their position. If they do not succeed, they will have to pay the opposing party’s attorneys’ fees. These fees can run thousands of dollars. This added process and financial risk often deter people from filing an appeal.
To learn if an arbitration or jury trial will apply to your situation, please call the attorneys at Ladenburg Law. We’re here to help explain your rights and legal options.