Winning with Expert Witnesses: A Texas Guide
Successfully filing and winning a personal injury claim for damages like medical costs, lost wages, pain and suffering, loss of consortium, etc., because of an injury is no walk in the park. The process can be painstakingly long and complex, so you should work with a qualified Texas personal injury attorney.
In many cases, your attorney may determine it necessary to hire an expert witness to better your claim. You may wonder, who exactly is an expert witness? How do they differ from regular witnesses? And even more importantly, how do you find and hire one? Read on to find out.
Who Is an Expert Witness?
You can deduce who an expert witness is right off the name itself. First, they are witnesses in a case, which in our scenario is personal injury—that goes without saying. Also, we can tell that this is someone who is an expert. But an expert of what exactly?
In simple terms, an expert witness is someone who is specialized in a particular area, and it is this specialization and expertise that makes them a witness to your case. But not in the sense that they witnessed your injury but rather in that they can explain a particular aspect of your case in detail.
That said, an expert witness can be any professional. It depends on what aspect of your case needs further explanation and clarification. They can be a doctor, a police officer, a psychologist, or even a forensic scientist.
For example, suppose you were involved in a car accident, and your Texas personal injury attorney finds it necessary to explain to the insurance agents or court the extent of your injuries and how they may affect your case in the future. In that case, it’s time to hire an expert witness.
In such a scenario, the attorney may hire a medical professional to explain the extent of your injury and how it may affect your life in the future. It is important to note that the witness’s credibility mostly depends on their qualification and experience in the matter, which needs further explanation.
“The importance of an expert witness becomes even more important if no regular witnesses can back up your claims. Such professionals bring an informed opinion that the court can rely on in making a decision pertaining to the case. That is why leaving your attorney to prepare and interview the expert witness before the case is best. They will ensure that their testimony is impartial while being trustworthy and accurate,” says Texas injury lawyer Maxwell Paderewski of Lone Star Injury Attorneys, PLLC.
Who Finds an Expert Witness?
The big question: who is in charge of hiring an expert witness? Don’t worry; this is not a responsibility the plaintiff typically has to worry about. Lawyers are mostly the ones in charge of interviewing and hiring expert witnesses.
This brings another question: who pays them? Again, don’t worry, your lawyer will typically handle these costs. Just make sure to have agreed on a contingency payment plan before you and your Texas attorney actually start working together.
Under this payment structure, the lawyer, through their firm, handles all legal costs, including paying expert witnesses. If the claim proves successful, the payment is one of the deductibles the lawyer is entitled to, a true win-win situation for all parties involved.
