Expert Witness

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.

Qualifying as an Expert

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:

• The person’s experience with the subject
• The person’s credentials
• The person’s certifications, knowledge, and training
• The person’s practice or work within the specific area of expertise
• The person’s published work on the subject
• The person’s reputation in the area of expertise

Judges have considerable discretion in this area.

Testifying as an Expert

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:

• The expert’s specialized knowledge will help the court understand the evidence or determine a fact that is an issue
• The expert’s testimony is based on sufficient evidence or data
• The expert’s testimony is based on reliable methods and principles
• The expert has reliably applied the principles and methods to the facts of the case at hand

Further, pursuant to New York Rule of Evidence 7.01, expert testimony is permitted in a personal injury lawsuit if such testimony:

• Assists the finder of fact in determining a fact at issue or understanding the evidence; and
• The subject matter dispels misconceptions or is too difficult for the trier of fact to understand without expert explanation.

Many personal injury claims can give rise to these circumstances.

Expert Witness Benefits

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.

Expert Witness Functions

During a personal injury trial, an expert witness may:

• Explain complex and technical issues to jurors in an understandable manner
• Provide opinions that are based on the specializations, experience, and knowledge of the expert
• Provide testimony regarding relevant issues in the case
• Refute testimony given by the opposing party’s experts
• Provide opinions that are based on widely accepted scientific methods

An expert witness can make the difference between winning and losing a case.

Common Types of Expert Witnesses

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:

• Medical expert witnesses: Medical expert witnesses often provide testimony regarding the severity of a plaintiff’s injuries. In addition, they may provide testimony about how a plaintiff’s injuries have impacted his or her life.
• Accident reconstruction experts: Accident reconstruction experts use evidence to reconstruct an accident.
• Financial experts: Financial experts provide testimony that helps the court understand the extent of a plaintiff’s financial losses. For example, financial experts may provide testimony about lost wages, diminished earning capacity, and the cost of health care.

These are the major types of expert witnesses, but there are others.

Other Types of Expert Witnesses

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:

• Vocational expert witnesses
• Engineering expert witnesses
• Forensic expert witnesses
• Mental health expert witnesses
• Road design expert witnesses
• Cellular telephone records expert witnesses
• Specialized medical expert witnesses

And others as may be applicable to the case at hand.

Contact a New York Personal Injury Attorney

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.

When you come to us for assistance, our Bronx and Queens personal injury attorneys  Oresky & Associates, LLC will aggressively pursue financial compensation on your behalf.

Please contact us today at (718) 993-9999 to arrange a free consultation with one of our talented injury lawyers.