One question our clients often ask us after an accident is: what type of witnesses do they need for their case? This isn’t always a straightforward answer, but in general, there are two types of witnesses: lay witnesses and expert witnesses.
A lay witness is going to talk about what they personally observed with their own eyes and ears. These can be friends or family who were with you at the time of the accident, or they can be total strangers who just happened to be at the scene of the accident and saw what happened. Whenever possible, you should try to get the phone number and address of any person who witnessed your accident. That way your attorneys can get in contact with them later so they can potentially testify in your case.
The other type of witness you will likely need is what is referred to as an expert witness. In many instances, expert witnesses will play an absolutely crucial role in your case – sometimes they can be the difference between winning and losing your injury case.
At Law Offices Cytryn & Velazquez, P.A., our attorneys have over four decades of experience working with expert witnesses in Florida injury cases. Founding attorney Dan Cytryn was even quoted by Florida Supreme Court justices in written opinions discussing the Daubert standard, which is the evidentiary standard used to determine the admissibility of expert testimony in Florida courts.
What is an expert witness?
Florida law actually provides a very specific definition for who can be an expert witness. An expert is a witness qualified “by knowledge, skill, experience, training, or education” and whose “scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue.” Florida Statutes Section 90.702.
In other words, an expert witness is a specialist who can explain to the jury things the jurors do not already know or understand. An expert analyzes the facts of the case and helps the jury understand issues that an average person would not normally comprehend on their own.
What types of expert witnesses are there?
There’s no limitation to what types of expert witnesses there can be. Ultimately, it all depends on the facts of your case. Different cases will require different types of experts.
Medical experts
Medical experts are probably the most common type of expert witness. In just about any Florida car accident or slip and fall case, you are going to need some type of medical expert.These experts are usually doctors. Sometimes it’s a doctor who treated you for your injuries, whether at the hospital emergency room or at a doctor’s office. Other times, the medical expert might not have ever met you before. For example, in many cases we need to hire an expert radiologist to look at your MRI or CT scans and testify to what the images show.Some other common medical experts are orthopedists (if you have an injury to your neck, back, knee, or other bones and muscles) and neurologists (if you have a brain injury). Basically, these medical experts are going to explain your injuries and medical treatment to the jury.
Accident reconstructionists
In some car accident cases, we will hire an accident reconstructionist to show the jury how the collision actually happened. Accident reconstructionists are experts who will attempt to determine things like the cause and manner of a car crash, the vehicles’ speeds at impact, a driver’s evasive actions taken to avoid the crash, and other similar elements of the collision.
Biomechanical engineers
A biomechanical engineer will analyze the causation of your injury. They will explain how the forces of the impact led to your specific injuries.
Vocational rehabilitation experts
If you are seriously injured in an accident and unable to return to work, you are likely going to need a vocational rehabilitation expert. This is an expert who will explain to the jury whether you can go back to work, and if not, why not. They may also explain what other types of employment you are capable of doing in light of your injuries caused by the accident.
Economics experts
There are a few different types of economics experts. But in general, what they do is estimate the actual value of your economic damages. They might testify to the present value of your future medical expenses or loss of earning capacity.
Other experts
There are all sorts of other experts who may be able to help in your case. If you slipped and fell on a tile floor, we might consider hiring a flooring expert to discuss whether the type of tile you slipped on was sufficiently slip resistant or whether there was a better type of tile that should have been used to help prevent slip and falls. If you are injured at a hotel, we might want to retain a hotel management expert to explain to the jury what other things the hotel could have done to prevent your incident from occurring.
These are just a few of the possible experts that could potentially be useful for your Florida car accident or slip and fall case.
So, do you really need expert witnesses for your case?
In most Florida accident cases, especially those involving serious injuries, the answer is yes.
Expert witnesses will play a central role in your injury case. The good news is that you don’t have to find the experts yourself.
At our office, our attorneys deal with expert witnesses in one way or another nearly every day of the week. Whether searching for the best possible expert for our clients’ cases, analyzing expert witness reports, or speaking with the experts directly about a case, our attorneys are constantly working on expert witness issues.
Our attorneys are highly experienced in working with all sorts of experts, and we have good working relationships with expert witnesses from across the country.
We have the experience and knowledge to find the best experts available to help win your Florida accident case.
Call our office today if you have any questions about expert witnesses for your injury case
If you’ve been injured in an accident in Miami-Dade, Broward, Palm Beach, or anywhere in Florida – whether it’s a car accident, a slip and fall, or any other type of incident – call our office at 954-833-1440 today for a free consultation.