How to Prove Negligence in a Personal Injury Case

Expert Testimony Could Improve Your Claim for Personal Injury Damages

Some claims for money damages resulting from personal injury accidents are clear-cut, leaving little question as to who is the culpable party, what caused the injuries in question, and how much is owed for those injuries. Such claims may settle early on. Others may require greater effort, perhaps even requiring the injured victim to pursue their claims through a trial.

Trials require plaintiffs to gather and put forward all possible evidence to support their claims for damages, and this evidence can come in diverse forms, including: physical evidence from the accident scene, photographs of the victim and location of the accident, eyewitness testimony, and expert testimony. Expert witnesses specialize in a scientific or technical field that equips them to offer educated interpretations of evidence before the court, as well as opinions on the causes of accidents. You might find that the following types of experts could provide the necessary testimony to prove to a jury why you’re entitled to the damages you request:

Accident reconstruction expert: These experts can use physical evidence, testimony, and photos to determine how an accident occurred, perhaps determining how the at-fault party acted negligently or recklessly to cause the accident. These experts can also create visual models of the accident itself to offer a judge and jury a more complete understanding of how the accident would have felt for the parties involved.

Medical expert: When a victim’s injuries are not obvious to the naked eye, defendants may try to argue that the event prompting the pain or disability the plaintiff is currently experiencing was caused by an earlier event and not the accident the defendant caused. Medical experts can examine the victim and their medical records for indications of past trauma and scar tissue that can show when an injury occurred, offering evidence to the jury of when an injury occurred, and what sort of trauma caused that injury. They can also offer estimates of how long of a recovery period the victim can anticipate, and what future care may be needed.

Economist: Sometimes, requests for damages sound high at first blush. An economist can explain to a jury the basis for a request for damages, such as how much it costs, accounting for inflation, to care for someone with long-term injuries, to provide rehabilitation, and to cover a lifelong loss in earning capacity.

If you’ve been hurt in an accident in South Carolina, ensure that your medical expenses, lost wages, and pain and suffering damages are fully covered by contacting compassionate and experienced Columbia personal injury law firm Peake & Fowler for a consultation on your case, at 803-788-4370.