What Is an Expert Witness in Personal Injury Cases?

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Alex Nocerino
Alex Nocerino, managing partner and personal injury lawyer at Chopra & Nocerino, LLP in Garden City, NY

Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords. 

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated:   September 12, 2024

KEY TAKEAWAYS
  • Expert witnesses are pivotal in personal injury lawsuits because they can clarify complex issues and influence case outcomes.
  • A variety of expert witnesses, such as medical, accident reconstruction, and financial experts, play tailored roles in substantiating different elements of personal injury claims.
  • Chopra & Nocerino leverages a network of expert witnesses, covering fees upfront, to strengthen cases and pursue fair compensation without immediate cost to clients.

So, what is an expert witness? Expert witnesses are professionals called upon to provide testimony based on their specialized knowledge and training. Their testimony can prove invaluable in personal injury lawsuits. 

The skilled attorneys at Chopra & Nocerino are real New Yorkers who relentlessly defend the rights of accident victims throughout the five boroughs. In building strong cases for our clients, we often leverage the power of expert testimony to prove liability and pursue fair compensation. We know how to seek out the best, most qualified expert witnesses to substantiate the evidence available in your case.

Types of Expert Witnesses

So, who qualifies as an expert witness? Depending on the nature of the case, various types of expert witnesses may be called upon to testify in personal injury lawsuits. Our experienced personal injury attorneys know how to find expert witnesses best suited for the needs of your case. Below is a non-exhaustive list of potential experts.

 ExamplesRole
Medical expertsDoctors, surgeons, and physical therapistsExplain the extent of a victim’s injuries and required treatments.
Mental health expertsPsychologists and psychiatristsExplain an accident’s emotional and psychological impact.
Accident reconstruction expertsMechanical and civil engineersAnalyze evidence to determine how an accident occurred.
Financial expertsEconomists and financial analystsCalculate the economic losses victims suffered due to their injuries.
Biomechanical expertsBiomechanical engineers Analyze how the human body responds to forces during an accident and provide insight into the mechanism of injury.
Vocational rehabilitation expertsOccupational therapists Assess a victim’s ability to return to work and explain the impact of an injury on their career and earning capacity.
Life care planning expertsCertified public accountants, actuaries, and estate plannersDevelop comprehensive plans outlining a victim’s future medical needs and provide testimony on long-term care costs.
Product liability expertsProduct engineers Analyze defective products, identify design flaws, and testify on how a product defect contributed to the victim’s injuries.
Human factors expertsForensic psychologists Study how people interact with their environment and testify on how design flaws or environmental factors may have contributed to an accident.
Engineering expertsTraffic engineers and construction site engineersAnalyze structures, machinery, or equipment involved in an accident and provide testimony on design flaws, maintenance issues, and safety violations that may have caused the incident.

Why Are Expert Witnesses Important?

Cropped Shot of Young Female Witness in Beige Blazer Standing by Tribune

Expert witnesses provide professional insight that can help prove liability and the extent of damages. The role of an expert witness at trial is to provide testimony explaining complex, specialized topics to a judge and jury. They may also prepare written reports containing their observations and conclusions. These reports may become part of the evidence in your case. 

At Chopra & Nocerino, we recognize the power of expert testimony to influence case outcomes. By working with highly qualified experts, we can present compelling evidence to support our client’s claims and fight for the compensation they deserve.

Which Personal Injury Cases Often Need Expert Witnesses?

Expert testimony can be critical in proving liability and securing fair compensation. Depending on their training and specialty, expert witnesses can be called upon in a wide variety of cases, including:

  • Car accidents – Accident reconstruction experts can analyze the scene, vehicle damage, and other evidence of how the accident occurred.
  • Truck accidents – Trucking industry experts can provide insight into regulations, driver logs, black-box data, and maintenance records to establish negligence.
  • Construction accidents – Safety experts and engineers can identify OSHA violations and unsafe working conditions that lead to injuries.
  • Slip and fall accidents – Premises liability experts can assess property conditions to determine if the owner failed to maintain a safe environment.

Expert Witness FAQs

1. Who Chooses an Expert Witness?

Typically, the attorneys representing each side identify and select expert witnesses. Often, if an expert witness testifies in favor of the side that hired them, the other side will hire another witness to provide countervailing testimony. Our attorneys know how to vet expert witnesses based on their knowledge, experience, or training in specific fields relevant to your case.

2. Who Pays Expert Witness Fees?

The party who retains the expert witness is usually responsible for paying their fees. At Chopra & Nocerino, we cover these costs upfront. You pay nothing unless we win your case.

3. How Is an Expert Witness Different From Other Witnesses?

Expert witnesses provide professional opinions based on their specialized knowledge, while non-expert witnesses testify about direct observations of events relevant to your case.

How Chopra & Nocerino Can Help Your Personal Injury Case

At Chopra & Nocerino, we’re committed to providing our clients with the highest-quality legal representation possible. We work closely with a network of respected and trustworthy expert witnesses to build strong cases and pursue fair compensation. 

We also have the financial resources to cover expert witness fees upfront. You will not have to pay out of pocket for their time and testimony. In fact, because we work on a contingency basis, you pay nothing unless we win your case.

If you’ve been injured due to someone else’s negligence, don’t hesitate to call (855) NYC-HURT or reach out online to schedule a free consultation. Let us put our experience and resources to work for you.

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