What Is the Role of Expert Witnesses in North Carolina Personal Injury Cases?

Being in an accident of any kind can be jarring. Filing a personal injury claim can help recoup some of your losses. One way to strengthen your claim is to hire a personal injury lawyer who can work with expert witnesses on your case. So, what is the role of expert witnesses in North Carolina personal injury cases? We can explain everything you need to know about expert witnesses.

What Is an Expert Witness?

Many personal injury cases involve details and complex issues that the layperson may not understand when coming into the case. When your personal injury attorney believes the judge or jury may not fully understand the implications of certain parts of your case, they may advise you to hire expert witnesses.

An expert witness is someone knowledgeable, experienced, trained, or educated on a specific aspect of the case that requires more explanation. Personal injury attorneys in North Carolina are required to follow the Rules of Evidence or specific guidelines on who may be called as an expert witness during your case.

The Rules of Evidence also state that the court can disqualify an expert witness during pre-trial proceedings if the judge determines that they do not possess the relevant experience or knowledge necessary for their testimony.

In personal injury cases, attorneys may call one or more of the following expert witnesses to testify:

• Doctors
• Clinical Researchers
• Forensic Psychologists
• Accountants
• Economic Experts
• Accident Reconstructionists/Engineers

What Is the Responsibility of an Expert Witness?

Personal injury cases can result from car accidents, slip-and-fall accidents, and even workplace accidents under some circumstances. In North Carolina, there were more than 68,000 nonfatal workplace injuries or illnesses reported by employers. With so many possible sources of injury, personal injury claims often require clear and credible evidence. Expert witnesses play an important role in cases like these.

Expert witnesses have certain responsibilities to the court to ensure they remain an impartial voice in the trial. They cannot advocate for either side in the case. They are simply there to clarify more complex evidence through their relevant experience and expertise.

In some cases, an expert witness may be asked to create a thorough, informative report outlining their findings and opinions on the case based on the evidence provided. Using that evidence only, their report and testimony are required to remain impartial and objective. This keeps their testimony credible.

How To Choose an Expert Witness

If your personal injury lawyer advises you that an expert witness may benefit your case, the next step is to choose the appropriate witness. Depending on the details of your case, you might consider hiring one of the following:

• Medical Expert. If your claim involves physical injuries or complex medical details, hiring a medical expert can be useful. They are commonly used in personal injury or medical malpractice cases to add insight into the severity of injuries, details about recovery, and the potential long-term impacts of your injury.
• An Engineer. When your personal injury case involves a car accident or a defective or dangerous product, your attorney may recommend an engineering expert. They can explain details about a product or assist in reconstructing an accident.
• A Financial Expert. Because personal injury claims often involve some financial aspects, financial experts are another commonly called upon expert witness. They can testify to the financial damages involved and the overall economic losses you may have experienced, like lost wages and the future ability to support yourself.

How Much Does It Cost to Hire an Expert Witness?

There is some variability in the cost to hire an expert witness for your personal injury case. It depends on the type of expert and which stage your case is currently in.

The cost of pursuing a personal injury claim can feel intimidating. However, hiring an expert witness is an investment in your case, as there is a correlation between expert testimony and more positive outcomes in personal injury cases.

Hire a Personal Injury Lawyer

The attorneys at DAS Law Group, P.A., have over 100 combined years of experience in personal injury cases. We combine our knowledge and skill with the latest legal technology to provide advice and guidance throughout your case. We have secured several large settlements and awards for our clients and can do the same for you.

FAQs

What Are the Responsibilities of an Expert Witness?

The responsibilities of an expert witness in a personal injury case are to be an impartial and objective voice during the trial and provide expert analysis of the evidence provided without bias. Expert witnesses have a responsibility to be objective and tell the truth before the court so that the full picture of the personal injury case can be understood.

What Are the Three Things an Expert Witness Does?

The three key things an expert witness does include analyzing the relevant evidence provided in the case, providing an independent and professional opinion, and testifying in court when necessary. An expert witness can be immensely beneficial to your case, adding credibility to your claim and increasing the chances of a successful outcome.

How Are Expert Witnesses Different From Regular Witnesses in a Personal Injury Case?

An expert witness is different from a regular witness because of their expert knowledge and responsibility to the court. The typical witness provides details they directly observed or experienced related to the case. An expert witness interprets the facts of the case, then provides an analysis of the evidence based on their expert opinion. Expert witnesses are also beholden to the court, not to the party that hires them, keeping them an impartial witness.

What Is Rule 702 in North Carolina’s Rules of Evidence?

In North Carolina, Rule 702 of the Rules of Evidence determines if someone can qualify as an expert witness. It states that, to be considered an expert witness, the judge determines the expert’s credibility based on their knowledge of the specific issue, professional skills, related experience, training, and formal education.

Contact DAS Law Group, P.A., Today

An experienced personal injury attorney from DAS Law Group, P.A., can advise you on hiring the right expert witness for your case. Our knowledge of relevant North Carolina personal injury laws gives us valuable insight into the most effective way to handle your case. To get started on your personal injury claim, contact us today.