The Role of Expert Witnesses in Wrongful Death Litigation
When a loved one dies due to the negligent or intentional actions of another person or entity, the surviving family members may have a wrongful death claim. Bringing a successful wrongful death lawsuit requires in-depth knowledge of the law, adept litigation skills, and persuasive evidence. One of the most critical forms of evidence in these cases comes from expert witnesses.
What is an Expert Witness?
An expert witness is someone who has specialized knowledge, skill, experience, training, or education in a particular field. They use this expertise to provide opinion testimony to help the judge or jury understand complex evidence or technical issues related to the case. Expert witnesses can have various backgrounds – they may be doctors, engineers, accountants, scientists, or other professionals.
In wrongful death cases, some of the most common expert witnesses are:
- Medical experts – such as coroners, medical examiners, doctors, nurses, and other healthcare professionals who can provide opinions on the cause of death, the decedent’s injuries, pain and suffering, life expectancy, and required care.
- Accident reconstruction experts – who analyze crash evidence and provide opinions on how an accident occurred and who was at fault.
- Financial experts – who calculate economic and non-economic damages like lost income, benefits, household services, and companionship.
- Vocational experts – who assess how a wrongful death impacted the decedent’s earning capacity and career.
- Psychologists and grief counselors – who testify about bereavement and emotional distress damages experienced by family members.
Why Are Expert Witnesses So Important?
Expert witness testimony serves several critical purposes in wrongful death litigation:
Proving Causation
The plaintiff must show that the defendant’s negligent or wrongful actions directly caused the death of their loved one. Medical experts can analyze injuries and the cause of death to draw conclusions about what led to the fatality. Accident reconstructionists can use physical evidence to explain how the defendant’s reckless driving, defective product, or other misconduct resulted in the death. This causation evidence is vital.
Clarifying Complex Concepts
Many aspects of wrongful death litigation are scientifically or technically complex. Expert witnesses have specialized knowledge that enables them to explain complicated ideas simply. This helps jurors and judges who do not have expertise in medicine, engineering, economics, or science to understand key case issues and evidence in layman’s terms.
Calculating Damages
Successfully proving liability is only half the battle – plaintiffs must also quantify their monetary damages in wrongful death cases. Financial analysts can provide calculations for economic losses like lost wages, benefits, retirement savings, and household services. Grief experts can explain non-economic damages like loss of companionship and pain and suffering. This evidence gives jurors the data they need to award fair compensation.
Withstanding Defense Challenges
The defense will almost always hire their own expert witnesses to rebut the plaintiff’s experts. This creates a battle of competing expert opinions. Having a highly credentialed expert from a reputable institution or company can give added credibility and persuasive power to the plaintiff’s position. Thorough expert witness preparation is key to withstanding cross-examination.
What Makes a Good Expert Witness?
Not all expert witnesses are created equal. The most effective expert witnesses have:
- Strong academic credentials and advanced specialized training in their field
- Extensive knowledge of the specific subject matter at issue in the case
- A proven record of providing accurate and scientifically valid opinions
- Solid communication skills to explain complex concepts clearly and simply
- The ability to remain impartial and objective, not advocate for a party
- A professional demeanor and ability to maintain composure under intense cross-examination
When selecting expert witnesses, thorough vetting of their qualifications, experience, and testimony history is a must. Retaining highly-qualified experts from respected institutions or companies will provide the evidentiary firepower needed to maximize compensation for the family.
Pursuing Compensation After Losing a Loved One
The grieving process after an unexpected death is painful enough without having to struggle financially due to lost income and overwhelming expenses. Wrongful death lawsuits cannot bring back deceased loved ones, but they can provide surviving families with closure, accountability, and compensation to move forward.
If you lost a family member due to another party’s negligence or wrongful actions, contact our experienced personal injury law firm for a free consultation to discuss your legal options. Our compassionate wrongful death attorneys will fight to obtain justice and maximum compensation for your loss. With reputable expert witnesses backing your claim, we can build a strong case to hold negligent parties fully accountable. Let us handle the legal process so you can focus on healing.
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- 7176 Hodgson Memorial Drive, Savannah, GA 31405
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- 197 14th St. NW, Suite 200, Atlanta, GA 30318
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Or call now for a free consultation on (800) 529-1441.
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