The Role of Expert Witnesses in Personal Injury Claims
During the course of a personal injury case it may be necessary to obtain reports from various types of experts to prove your claim. This can include and is not limited to the following.
Accident re-construction experts
If someone has been involved in a road traffic accident and liability remains in dispute it may be helpful to obtain a report from an accident re-construction expert. The purpose of this is to get an expert opinion from a professional with specialised training in analysing a collision’s cause and contributing factors.
Evidence from an accident reconstruction expert can include looking at skid marks on a road to provide information about speed and direction and consider damage to vehicles and review road conditions. Technology can be used to re create accident scenes.
A report can help prove a defendant’s negligence caused the accident and consider whether there is contributory negligence on the part of the claimant.
Medico-legal experts that can include:-
- GP experts
- Orthopaedic experts
- Clinical psychologists or psychiatrists
- Neurologists
- Neuropsychiatrists
- Audioiovestibular experts
- Ophthalmologists
And many more
It is usually the claimant solicitor who will obtain reports from appropriate medical experts to evidence the injuries suffered in an accident and to obtain an opinion and prognosis. Defendant solicitors may also wish to obtain their own medical evidence if they do not agree with the claimant’s expert evidence and in such cases joint discussions and joint medical reports can follow.
A medico-legal expert is not a treating doctor and they have a duty to the court to provide an independent opinion and prognosis as to what injuries have been suffered as a result of the accident and can comment on the extent of the injuries and make recommendations for further treatment and investigations.
A medico-legal report can assist the parties and a Court to value the claim.
Care experts
In situations where the injured party has suffered a significant injury which impacts their daily life, it may be appropriate to obtain a report from a care expert who can prepare a report and comment on what care needs and requirements are for a claimant. This can assist in seeking approval from a defendant insurer to fund such care and assistance where necessary.
Forensic experts
It can be helpful to obtain forensics expert evidence in certain situations. This could assist in commenting on the accuracy of information.
Independent witness of fact
If there is a dispute as to liability or what actually happened in an accident it is helpful if an independent witness can provide evidence as to what they actually saw and provide a clear and unbiased view of the accident circumstances. In such a case it may be helpful to obtain a clear witness statement from any relevant parties.
All of the above can assist in providing a personal injury claim and support and assist in both liability enquiries and quantum (the value of the claim) discussions. If you’ve been injured and need guidance on how expert reports can support your claim, contact our personal injury experts on 0330 822 3451 today for tailored legal advice. We are here to help you navigate the complexities of your case and ensure you receive the compensation you deserve.