If you’ve been injured and have filed a personal injury lawsuit against the party you feel is responsible for the accident, you may require the services of one or more expert witnesses. The State of New York permits a party in a personal injury lawsuit to enlist the services of an expert witness if certain conditions are met.
Specifically, a party may present an expert witness in court if it would help clarify an issue that calls for technical or professional knowledge. In this article, we discuss expert witnesses in New York.
To qualify as an expert witness in New York, a person must meet certain standards. When determining whether a person qualifies as an expert, a judge may consider the following factors:
Judges have considerable discretion in this area.
In addition to qualifying as an expert, the court in a personal injury lawsuit must determine whether such an individual may testify. If a person who qualifies as an expert meets the following requirements, then he or she may testify in a personal injury lawsuit:
Further, pursuant to New York Rule of Evidence 7.01, expert testimony is permitted in a personal injury lawsuit if such testimony:
Many personal injury claims can give rise to these circumstances.
Expert witnesses can greatly help a case, especially when the subject matter is highly technical or difficult to understand. In a personal injury case, for example, an expert witness may provide opinions regarding the circumstances and facts that led to the plaintiff’s injury. In addition, an expert witness in a personal injury case may help the plaintiff’s attorney identify responsible parties and determine the cause of the accident.
During a personal injury trial, an expert witness may:
An expert witness can make the difference between winning and losing a case.
The kind of expert witness that a party hires to testify in a personal injury case depends on the issues in dispute in the case. Common types of expert witnesses include:
These are the major types of expert witnesses, but there are others.
In addition to the types of common expert witnesses above, other experts are sometimes necessary to help the court understand unique technical issues. Other types of expert witnesses include:
And others as may be applicable to the case at hand.
If you’ve been injured in an accident in New York, you should seek immediate legal assistance. At Oresky & Associates, our Bronx personal injury attorneys have a reputation for providing our personal injury victim clients with aggressive and effective legal representation.
We are proud of our record of success, which we have earned through years of dedication and hard work.
Regardless of whether you have been injured in a construction, car, work, or some other type of accident, our attorneys are here to put our 30-plus years of experience to work for you.
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