When your personal injury claim goes to trial, evidence will be admitted to the court through witnesses. Whether the evidence includes photos of the scene of the accident or information regarding your physical and psychological injuries, it will be introduced when an individual is on the stand to verify the evidence and answer questions about it.
With a wide range of evidence to submit, your attorney will need numerous witnesses to discuss the accident, your injuries, and your monetary damages. Common witnesses in personal injury trials include medical experts, engineers, and people who saw the accident happen.
In a personal injury case, both lay witnesses and expert witnesses can play crucial roles in supporting your claim. However, their qualifications, purpose, and scope of testimony differ significantly.
An expert witness is someone with specialized education, training, experience, or professional credentials in a particular field. Because of their expertise, they are permitted to offer opinions on technical or complex issues during a lawsuit. For example:
Before testifying, expert witnesses must present their qualifications to the court. Typically, they are not directly involved in the incident itself. Instead, they provide objective, fact-based opinions and are usually compensated for their time spent preparing and appearing in court.
A lay witness, by contrast, is someone who testifies based on their personal observations or experiences related to the accident. They don’t need specialized knowledge or credentials to testify. Their statements must be:
Lay witnesses often include people like bystanders, passengers, or anyone else with direct knowledge of the incident. Essentially, anyone testifying who is not an expert is considered a lay witness.
Personal injury cases often require certain types of expert witnesses, including:
Expert witnesses can make or break a legal case. Their testimony is professional, and as specialists in their field, they often can significantly influence a jury’s decision in a case. For this reason, it is so important to choose an appropriate expert witness. The following are some important guidelines a lawyer typically adheres to when choosing an expert witness for a personal injury case:
The experts that a personal injury attorney chooses should not only have considerable expertise in their field, but also a history of experience in the particular sub-field of your case. They should have degrees from reputable schools and have memberships in relevant professional or academic organizations. It is even better if they have publications in trusted journals related to what they will testify about.
Opposing counsel will be looking for any reason to discredit expert witnesses, so it is important to make sure they have no obvious biases related to the case (for example, a relation to the client or a large monetary investment in the case). They must have objectivity, credibility, and integrity.
If there are any potential scandals in the witness’s past, they could be brought up at trial and damage testimony. It is important to conduct a thorough background check to see if there may be litigation against the witness or any disciplinary actions that would tarnish the witness’s reputation. It is also important to make sure the witness has not made public statements that will be at odds with the trial testimony.
An expert witness does not only need to be qualified; they must also be likeable and personable. If the witness is not a good public speaker, they may lose the jury’s attention or even be disliked. It is important to find out what kind of presence the witness will have on the stand. If they have testified in court previously, it can be helpful to talk to lawyers who have worked with the witness in the past or even watch a recording.
Witnesses may be asked unexpected questions by opposing counsel and it is important that they can respond with composure and adapt to new situations calmly.
An expert witness needs to convey authority and certainty without being defensive. For this reason, it is imperative that the expert witness chosen really believes what they attest and can back it up with evidence.
Selecting an appropriate expert witness can go a long way in supporting a medical malpractice, premises liability, or auto accident case. Often, an attorney has years of experience choosing appropriate witnesses, so if you have not already gotten an opinion on your case from a qualified attorney, you should consider doing so. By working one-on-one with an experienced lawyer, you are much more likely to build a convincing case.
When you testify in your own personal injury case, you are a lay witness. Even if you are an expert in your field, you are not testifying based on your education and professional experience. You are testifying based on your own experiences and perceptions. Other common lay witnesses used in personal injury trials include:
Your attorney will thoroughly identify necessary witnesses and prepare all of them for court. This will include taking depositions, going over answers and questions, and practicing how to give clear, understandable answers. By the time each witness goes to the stand, he or she will know your attorney’s questions and the order in which they will be asked, and your lawyer will know all of the witnesses’ answers. Your attorney will also have gone over potential questions from the defendant’s attorneys, preparing your expert and lay witnesses for cross-examination.
Your attorney will call witnesses to the stand one at a time and ask them the predetermined questions. This is known as a direct examination and witnesses are expected to answer promptly and clearly, speaking loud enough for the entire courtroom to hear. Once your attorney finishes his or her questions for a witness, the opposing side’s attorney will then ask that witness questions. This is the cross-examination and can be stressful for the witness.
However, he or she will be prepared for these and will have practiced giving short, brief answers. If your attorney has any follow up questions after the cross-examination, the judge may allow him or her to ask a few questions during what is known as a re-direct.
If you have been hurt in an accident, an experienced personal injury lawyer can help you bring a personal injury claim and gain compensation. At Staver Accident Injury Lawyers, our experienced team can guide you through an insurance claim, and if necessary, represent you during a personal injury lawsuit. If your case needs to go to trial, one of our Chicago personal injury attorneys will help to gather evidence, find experts, prepare witnesses, and ensure a cohesive argument is made in court.
Contact Staver Accident Injury Lawyers, P.C. at (312) 236-2900 to schedule a free consultation.
When you’re fighting for maximum compensation, we know what it takes to get it.
