Simply put, an expert or experts in a personal injury case may make the difference between winning or losing at trial. That’s because you, the plaintiff bringing the claim, have the burden of proof. It will be up to you to prove that the negligence of others or of a corporation caused your injury.
Not only do you need to prove your claim, but you will need the help of experts to put the case into the proper context that a jury can understand.
Personal Injury Law in Alabama
Personal injury law attempts to make you whole after you have been injured by a product or practice through no fault of your own. You are alleging that the person or entity exhibited negligence, gross negligence, and/or reckless conduct.
Whether a drug, medical device, auto, truck, or motorcycle accident – you didn’t ask to be hurt. All of us have a responsibility to act according to law. The party you are suing in your personal injury claim breached that duty and that breach caused you to be harmed.
The extent of compensation will depend on the severity of the injury. You must file your lawsuit within two years of the injury, or when you knew you were injured, to be within the two-year statute of limitations required under Alabama law.
An Expert Witness
Unlike an eye witness, an expert witness is considered an expert in their field backed up by advanced degree and training. At trial, the expert witness will be sworn in attesting to his or her expertise and background knowledge in the area in question. This allows them to speak authoritatively on the subject matter and gives them more credibility with jurors.
The expert did not witness your incident, but their expertise can help you prove or disprove what the other side alleges.
An expert can be brought in from many fields depending on the personal injury.
- A medical doctor
- A medical device expert
- An expert on how devices are cleared for market
- An expert on the manufacturing process
- An expert accident reconstructionist
- An expert on a life care plan
Your lawyer may present to the jury a number of experts in different fields.
Let’s say you were driving near a truck, but it didn’t see you and caused a major accident. Your injuries are very serious and likely permanent. An accident reconstructionist can explain the scenario for the jurors on how the accident happened, indicating who was at fault.
Another expert might tell jurors how many seconds it would take for a distracted truck driver, texting a message, to veer into your lane causing the accident.
A financial expert might testify what your expected medical expenses will be for the rest of your life as part of a life care plan.
Your Legal Team
Your legal team will be compensating your expert witness for their testimony at trial, to read all relevant documents and come up with a report. This payment will be advanced by your attorney but reimbursed out of a jury compensatory award or settlement.
Alabama law applies the legal standard known as “contributory negligence”, and the defendant will try and prove you are partially to blame for the injury. If they are successful, it can fatally damage your case, even if you are found to be just 1% to blame for the accident. You may be barred from recovering any damages in your personal injury claim.
This is why it is extremely important to work with a seasoned personal injury lawyer who has the proven ability to successfully present a persuasive argument that the other party was totally at fault for your accident.
Alsobrook Law Group understands how important the right expert can be to win your case at trial. When necessary, we will call on top professionals who can help substantiate your claim and put you in the best possible position to obtain a favorable result.
If you have been injured through no fault of your own, we are here to help! Contact us today at 334-737-3718 for a complimentary consultation or send us a message through our web contact form.