Types of Expert Witnesses

In a personal injury case, the plaintiff has the burden of proof and must present evidence and testimony to support their claim. Some of the evidence can include testimony by witnesses, including individuals who saw the events and expert witnesses. Deposing expert witnesses may help strengthen your personal injury claim. However, the types of expert witnesses that might be important in your case will depend on the facts and circumstances of what occurred and your injuries. Scroll down to learn more about the role of expert witnesses in Massachusetts personal injury cases.

Exploring Types of Expert Witnesses

Massachusetts has specific rules governing civil procedure and the qualifications required of expert witnesses. An expert witness must be a professional who has the education and experience to demonstrate they have a heightened level of knowledge about a facet of the case. They must be qualified to analyze and interpret the circumstances of what occurred or the effects of an accident and must have expertise and knowledge beyond that of an average person. Many different types of expert witnesses might be called to testify in a case. However, expert witnesses can be generally categorized into two main types based on how they support your case: consulting and testifying.

Consulting experts are professionals who can explain the facts and issues of your case but do not testify for you in court. Instead, your attorney might turn to a consulting expert to understand more about the complex issues involved.

Testifying experts, on the other hand, are those who both help to explain complex issues and testify about them in court in front of a jury and judge. A testifying expert helps others understand the facts and must be effective communicators.

Expert Witness Qualifications

Under Mass. Rules of Evidence 702, an expert witness is someone who is qualified to testify based on their skills, education, training, or experience. They must be able to provide information based on facts or data beyond what a lay witness could provide. The information an expert would provide must contribute to the case by helping the court or jury understand facts or a relevant issue. The expert must rely on sufficient data or facts obtained through reasonable and accepted methods and principles that the expert has relied on to form their expert opinion.

Examples of Expert Witnesses

Your case might benefit from one or more experts to help prove your claim. While there is a broad range of professionals that might be helpful, the following are the most common types of experts called to testify in personal injury cases:

• Accident Reconstruction Experts: These are professionals who investigate accident scenes, take measurements, and determine what happened in the moments leading up to an accident and during it. Accident reconstruction experts explain important information about an accident and can reconstruct its causes.
• Forensic Accountants: Forensic accountants and economic experts can testify about the amount of future lost wages, loss of the ability to advance professionally, and other assorted future economic losses so that juries can understand.
• Medical Experts: Medical experts are frequently important to explain the extent and severity of a victim’s injuries, their likelihood of fully recovering, and whether there is any permanent damage. They can also shed light on the exacerbation of pre-existing conditions from the accident.
• Vocational Rehabilitation Experts: Vocational rehabilitation experts can provide expert testimony about whether a person will no longer be able to return to work because of their injuries or how much income they could potentially earn in the future.

These are only a few examples of experts. Others might be important for your case. Your personal injury lawyer can help you understand whether you might need expert witnesses and identify experts who would be willing to assist with your case.

Contact Ellis & Associates

If you sustained serious injuries in an accident that wasn’t your fault, you might have the right to compensation through a personal injury claim. Expert witnesses could potentially strengthen your case and help to maximize your recovery amount. To learn more about whether calling an expert could help with your claim, contact Ellis & Associates today at 800-MR-ELLIS or send us a message online.