Role of Expert Witnesses in Spinal Injury Lawsuits

What Role Do Expert Witnesses Play in Spinal Injury Lawsuits?

Spinal injury claims can be complex cases. Expert witnesses are more than a formality — they play an essential role in presenting a compelling case. The contributions of expert witnesses shape how evidence is interpreted and understood, allowing the injured party’s story to be supported by facts.

In California, where the stakes are high due to the costs of living and medical treatment, credible experts can be the linchpin for achieving justice for victims of life-altering injuries. They can bridge the gap between the raw facts of a case and the detailed understanding judges and juries need. Expert witness testimony can lend weight to claims, counter opposing narratives, and make or break a lawsuit.

What Types of Expert Witnesses May Be Involved in Spinal Injury Cases?

Different types of cases require different types of expertise. The following types of experts are commonly involved in spinal injury lawsuits:

Medical Experts

Medical experts play an essential role in any personal injury case involving complex injuries. Professionals such as neurosurgeons, orthopedic surgeons, and spinal specialists can provide insight into the nature and extent of the injury. They can explain how the accident caused a specific spinal injury, the prognosis, and what treatment options are available. They are qualified to detail potential future medical needs, which is necessary to determine compensation for ongoing treatment or permanent disability. For example, if an accident victim suffered a herniated disc in a rear-end collision, a spinal specialist could explain the anatomy of the spine, how the force of impact can cause disc herniation, and how the injured party’s pain and mobility issues stem directly from the accident.

Economic Experts

Spinal injuries may require extensive medical care and lead to long-term or permanent disability. The combination of lost income and medical bills, which may continue to accrue long after the initial injury, can place a tremendous financial burden on victims and their families. In 2011, the estimated lifetime cost of high tetraplegia for a 25-year-old victim was $5,010.748, as reported by the National Spinal Cord Injury Statistical Center (NSCISC). Costs have undoubtedly increased significantly since then.

The critical role of economic experts is translating projected costs into a clear financial picture. These professionals analyze factors such as the injured party’s employment history and career trajectory and the impact of being unable to work or needing reduced hours because of the injury. These calculations can help ensure the compensation claimed accounts for the total economic fallout–long-term financial damage and immediate costs. For instance, if a young professional sustains a severe spinal injury that hinders career advancement, an economic expert can project lifetime earnings lost and calculate the value of diminished earning capacity.

Vocational Experts

In spinal injury cases, vocational experts can bridge the gap between medical insights and economic projections by assessing how the injury affects the injured party’s ability to work. They can analyze skills, education, and job market conditions to determine whether the injured party can return to their previous job or transition into a new role, which may pay less or require significant retraining. This testimony can help reinforce claims for lost wages and the need for future job training. As an example, in a case involving a construction worker with a spinal injury, a vocational expert may testify that the worker is no longer able to perform physically demanding tasks and may need to switch to less labor-intensive work, which could affect income and quality of life.

Life Care Planners

These experts are invaluable for individuals with catastrophic spinal injuries. Life care planners consider both short-term and long-term perspectives to create comprehensive plans outlining the injured party’s future medical and personal care needs. They coordinate with medical professionals to forecast medication expenses, ongoing therapy, home modifications, medical equipment, and personal care assistance. When spinal injury leads to paralysis, a life care planner can outline the costs of specialized vehicles, home modifications such as wheelchair-accessible ramps, and in-home nursing care to provide a concrete amount for the jury to consider when deliberating compensation.

What Do Expert Witnesses Do in California Personal Injury Cases?

The following is a breakdown of what expert witnesses do in spinal injury and other personal injury cases:

• Initial review and report: The first step for an expert witness is to review relevant documents, such as medical records and accident reports, and draft an initial opinion, which can be the backbone of the expert’s testimony.
• Depositions: Before a trial, expert witnesses may be deposed by both sides in a spinal cord injury case. The purpose of these depositions is to assess the strength of an expert’s testimony and to gather information.
• Testimony at trial: Expert witnesses are called to provide testimony at trial and may be cross-examined by opposing counsel. A strong expert can maintain clarity and credibility and withstand rigorous questioning.

What Is the Impact of Expert Witness Testimony on Spinal Injury Cases?

The impact of expert witnesses goes beyond the facts they present and extends to the manner in which they convey them. A well-prepared expert can translate complex medical or economic data into a compelling narrative that resonates with the jury. This skill is essential in the California court system, where juries may not have specialized knowledge.

Our spinal injury lawyers at V&A Law Firm work with expert witnesses and other professionals to seek the maximum compensation for our clients who have suffered severe spinal injuries. We offer a free 15-minute case evaluation and work on a contingency fee basis, meaning you don’t pay us unless we win. If you or your loved one has sustained a spinal injury in an accident that was someone else’s fault, contact us today at 818-369-3270.