Expert Witnesses in Minnesota Personal Injury Cases
If you’ve been injured in an accident, building an air-tight case is crucial to recovering the compensation you deserve. In Minnesota, personal injury attorneys are tasked with compiling strong evidence that supports their client’s version of the events of their accident. In some personal injury cases, expert witnesses may be called in to support the veracity of an injured party’s claims and, in turn, help to make a case for liability.
From medical professionals to accident reconstructionists and economists, expert witnesses provide objective, authoritative testimony that can make a powerful impact in court or during insurance negotiations. Let’s take a quick look at the role of expert witnesses in personal injury cases and discuss how the right combination of evidence, expert testimony and effective legal counsel can help injured victims maximize their settlements.
What is an expert witness?
Any reputable professional with specialized knowledge, training or experience relevant to a personal injury claims can be brought in to provide clarity around certain important facts of a case. Unlike fact witnesses who are called in to testify about something they directly saw or experienced, expert witnesses are brought in to offer professional opinions based on their expertise.
Expert testimony can be used to support an injured party’s version of events, contradict claims made by the at-fault party or their representatives and make complex scientific, medical or technical concepts more accessible for judges, juries or insurance representatives.
In Minnesota personal injury cases, expert testimony may be sought in an effort to help an injured victim:
- Establish the cause of an accident
- Affirm the extent and likely cause of injuries
- Demonstrate how an injury impacts a person’s ability to work or live normally
- Calculate future medical costs and lost earning potential
Courts in Minnesota generally allow expert testimony when it is relevant to the case and based on reliable principles and methods. However, it is important that injured parties and their legal representatives meticulously vet any expert witnesses they are considering involving in a case to make sure there will be no objections to the expert’s testimony or questions about their level of expertise.
Who can serve as an expert witness?
Any party in a court case has the option to call an expert witness, and in some cases the court may call their own experts to help decide or clarify certain facts of a case. Although Minnesota courts have the authority under Rule 706 to appoint their own expert witnesses, this is rare in personal injury cases. Most expert witnesses are retained by the parties themselves.
State law gives a decent amount of leeway to parties involved in a legal dispute when it comes to selecting expert witnesses. Under Minnesota Court Rule 702, any person with relevant knowledge, skill, experience, training or education may be qualified to serve as an expert witness and testify to or about the facts of a case. Nevertheless, the more qualified, the better when it comes to selecting expert witnesses.
Types of expert witnesses in personal injury cases
As we’ve discussed, personal injury cases can involve a wide range of expert witnesses with a variety of different professional and education backgrounds and credentials. Some of the most commonly used experts include:
1. Medical experts
The input of medical professionals is often essential in personal injury claims. Medical experts can explain and clarify the nature of a victim’s injuries. Some cases rely on the testimony of treating physicians who have direct knowledge of the victim’s injuries, while others hinge on the expertise of specialists who focus on a particular area of medicine.
2. Accident reconstructionists
In cases involving car accidents, truck crashes and other vehicle-related injuries, accident reconstruction experts can help establish exactly how the incident occurred. These professionals use physics, engineering and digital modeling to recreate the sequence of events, environment and contributing factors to an accident like speeding, distracted driving or mechanical failure. These reports and visual reconstructions can be particularly persuasive in cases that lack a lot of other supporting evidence like photos, videos or eyewitnesses.
3. Economists and vocational experts
In serious injury cases, victims often face long-term financial consequences. Economists and vocational experts may be called in on certain cases to help calculate all the economic losses a victim is facing as the result of their injuries. These economic losses typically include things like lost wages and diminished earning capacity, ongoing rehabilitation costs, projected medical expenses, therapy costs and more.
4. Mental health experts
Many personal injury cases involve emotional harm in addition to physical injuries. In these cases, therapists, psychologists and psychiatrists can provide vital testimony about the long term emotional impact of an accident. They can evaluate and testify to the mental health and competency of an accident victim and provide clear documentation of a victim’s state of mind, which might otherwise be difficult to convey to the court.
Why expert testimony matters in Minnesota personal injury cases
While expert witnesses can provide much-needed clarity and support in a variety of personal injury cases, expert testimony can be particularly crucial in comparative fault states like Minnesota. In Minnesota, an accident victim’s settlement amount can be reduced if they are found partially at fault for the accident. Subsequently, defendants in many personal injury cases will attempt to place partial or total blame on accident victims for their own injuries. Presenting strong, credible evidence is essential to proving an at-fault party’s liability while protecting a victim’s right to recover full damages.
Expert witnesses provide objectivity and clarity that can make or break a claim for compensation, and their expertise has the ability to persuade a judge or jury that an accident victim deserves to be compensated for their injuries. An experienced personal injury attorney can leverage expert testimony to counter the defense’s arguments and support their client’s version of events in order to maximize their final compensation.
Looking for a personal injury attorney in Minnesota?
An experienced Minnesota personal injury attorney will know when and how to use expert witnesses effectively. What’s more, a respected and well-connected attorney can help identify and collaborate with the best possible expert witnesses for a particular case without requiring clients to do any of the heavy lifting. Because expert witness testimony can be complex and costly, it’s important to work with a legal team that has the resources, relationships and experience necessary to build a compelling case on your behalf.
Whether you’ve been injured in a car accident, slip and fall or workplace incident, the team at Bradshaw & Bryant has the expertise and connections necessary to help you build the strongest possible case for compensation. For over 30 years, our team has worked tirelessly to deliver the best possible legal support for Minnesota accident victims from all walks of life.
If you or a loved one has been injured due to someone else’s negligence, don’t leave your future to chance. Contact our team today to schedule a consultation with a member of our team. We will talk you through your options and help you decide whether an expert witness might be a valuable resource in your case.