The Role of Expert Witnesses in Personal Injury Cases in California

A personal injury case may be your most viable option for recovering your losses after another party has injured you, but proving fault can be a challenge in some cases. It’s vital to understand the role of expert witnesses in personal injury cases in California and find an attorney who can build the strongest possible case for you.

Understanding the Role of Expert Witnesses in Personal Injury Cases in California

Success with any personal injury case in California requires identifying the party you believe to be responsible for causing damages, proving exactly how they caused your personal injury, and then showing the full scope of the resulting damages. The plaintiff in a personal injury case has the right to claim compensation for the economic and non-economic losses they suffered because of a defendant’s negligence or illegal misconduct.

This may sound straightforward, but the reality is that even if you think you know exactly how your injury happened and who is responsible, the actual legal process of ensuring their accountability will be more challenging than you expect.

For example, motor vehicle crashes are a leading cause of personal injuries in the United States each year. The National Safety Council reported that in 2023, vehicle accidents caused more than 5.1 million injuries and nearly $514 billion in economic damages nationwide. In California, all vehicle accidents involving multiple drivers are resolved based on fault. This means you will need to prove fault for your accident before you can claim compensation for your damages.

Physical and digital evidence could be crucial to any personal injury case, but expert witness testimony is often required for more complex cases. It’s possible for several types of expert witnesses to provide valuable professional insights that can help a plaintiff win their case: 

• Forensic experts are often able to carefully review the evidence of a case with technical precision, potentially uncovering details that might otherwise go unnoticed. These experts provide specific knowledge that can help explain some of the most complex details of an injury case that an average person would not be able to accurately interpret.
• Medical experts may be able to testify in support of an injured plaintiff’s claim of compensation for their medical expenses. They can also help to prove that a defendant’s actions directly caused the plaintiff’s claimed injuries. Medical experts are especially important for medical malpractice cases in California and can help plaintiffs prove that the defendants in their cases violated standards of care.
• Engineers and accident reconstruction experts may be able to clarify the physical forces in play in a personal injury case, such as proving the exact sequence of events that unfolded in a car accident. These experts can be valuable in motor vehicle accident cases, cases involving defective products, or workplace injury claims involving heavy equipment.
• Financial experts can be valuable in cases involving lost business valuation, property damage, or insurance bad faith. In some cases, these experts may be able to influence the case award or settlement.

These are just a few examples of how expert witness testimony can be valuable to a personal injury case in California. The average person may not know how to connect with relevant experts and how to secure their testimony to support their cases, so it’s vital to hire a personal injury lawyer right away after your injury, so they can help you build your case.

Duque & Price can secure expert witness testimony for you if necessary, so reach out to our firm quickly to learn how we can strengthen your personal injury claim.

FAQs

What Is the Difference Between Eyewitness Testimony and Expert Witness Testimony?

The difference between eyewitness testimony and expert witness testimony is that an eyewitness is someone who saw an incident occur. They relay their recollection of the event and may be able to help a plaintiff’s case. An expert witness is someone called to testify in support of a case due to their specific professional background. They did not physically witness the event, but they are capable of analyzing the details to provide insights.

Is Expert Witness Testimony Necessary for Every Personal Injury Case?

No, expert witness testimony is not necessary for every personal injury case. However, expert witness testimony is likely to come into play when a case involves complex technical details. When you hire a personal injury lawyer to represent you, they can determine whether expert witness testimony of any kind could be valuable to your case, and an experienced attorney will know how to obtain this testimony for you.

What Is the Standard for Expert Witnesses in California?

The standard for expert witnesses in California is that an expert witness must prove that they possess specific credentials and professional experience in a field that is relevant to the case and that they can provide specific insights into complex aspects of the case that may otherwise go unaddressed. They must also be able to explain the methods used to develop the professional insights they contribute to the case.

Will I Win More Compensation With Expert Witness Testimony?

It is possible to win more compensation with expert witness testimony than you could win otherwise. For example, an expert witness may be able to prove that your claimed damages, including projected future losses, directly resulted from the defendant’s actions. Without their testimony, the defendant could successfully argue against their liability for these losses, diminishing the plaintiff’s recovery.

Personal Injury Attorneys You Can Trust

Ultimately, many personal injury cases are more complex than they appear at first. While it’s crucial to hire a personal injury lawyer at your first opportunity after another party has injured you in California, it is important to verify that your chosen attorney has the professional resources necessary to provide the highest possible level of legal counsel for your case.

The team at Duque & Price has resolved many challenging personal injury cases on behalf of clients throughout California, and we have strong professional relationships with many expert witnesses in various fields. If you are facing a complex personal injury case in California, we are confident we can build an effective case for you. Contact us today to schedule a free consultation with our team and learn how we can help.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

View all posts by Brent A. Duque →