You may not be the person injured in a personal injury case; however, if you witnessed an accident happening or have seen the effects of an accident on a loved one’s day-to-day life, you may be called to testify as an “incident” or “lay” witness. This refers to:
At times, it may be necessary to bring in experts to assist in proving negligence in motor vehicle accidents. Accident reconstructions are one tool we can use to help determine liability.
Accidents involving large commercial semitrucks are typically more complex than ones involving standard motor vehicles. It is not always proving that the truck driver was negligent; the fact is that negligence may extend to the trucking company and even third parties, such as those who loaded the truck.
Most of us have probably heard the news about the devastating train crash in South Carolina in which two were killed and more than 100 were injured. As the NTSB investigates the crash, it has found that the signaling system was not operating at the time because CSX railroad (who operates the tracks) was preparing it for Positive Train Control.
Burn awareness week, an initiative of the American Burn Association, is observed the first full week in February. This initiative helps educate the public about the frequency and causes of burn injuries as well as how to help prevent them.
Hip replacement surgery is among the most common orthopedic procedures in the United States. Most devices are designed to last 20 years. But what happens when a hip replacement fails?
The Nash & Franciskato Law Firm congratulates Randy W. James for his Lifetime Achievement selection among America’s Top 100 Attorneys®.
When pursuing a personal injury claim after an accident, witnesses can help you prove your case and corroborate your claims, supporting elements of causation, liability, and damages. As the injured party bringing a claim, it is your responsibility, along with your legal team, to prove that the accident caused your injuries and that you deserve to be compensated. One key element that can support your claim is witness testimony.
There are different types of witnesses your legal team may want to talk with and call to testify if needed. The first type is known as Lay and Incident Witnesses. These witnesses have no specific expertise related to your claim. They include:
This witness testimony can help prove and corroborate your claim.
Another type of witness is the “expert.” This is exactly what it sounds like – they are experts in a specific field such as engineering, medicine, manufacturing, and more.
Consulting experts: These experts help explain and clarify key issues to you and your legal team. They provide valuable information but do not testify in open court.
Testifying experts: These experts testify in open court. They must have expertise in their area and be skilled and effective communicators.
Depending on your situation, your lawyer will determine which types of experts may be needed, including:
Medical Experts may be used to testify about your specific injuries; your progress, recovery options and treatment; impact on your quality of life, and whether your condition is temporary or permanent.
Mental Health Experts may be used to help explain how the accident and/or your injuries have affected you mentally or emotionally, such as post-traumatic stress disorder (PTSD) or the emotional trauma of handling a disability.
Accident Reconstruction Experts may be used to assist law enforcement and your attorneys in reconstructing the accident using drawings, models, and special computer programs to help determine how the accident occurred, the speed of vehicles, the force of the impact, and more.
Economics Experts may be used when your injuries have affected your ability to earn a living. These experts can testify to how your injuries have affected your ability to earn a living, including current and future wages you might have earned.
Engineering Experts may be used to talk about how something was built; for instance, finding that a roadway’s engineering may have led to the accident.
Manufacturing Experts may be used to show how a product’s manufacturing was defective and led to the accident/injury, such as a vehicle part failing and causing the accident.
Maintenance Experts may be used to prove a trucking company did not perform required maintenance, leading to or contributing to your accident.
A professional may be the only one who can prove an injury was caused by negligence, its impact on your life, and its severity. While it is good to understand the types of witnesses often involved in personal injury cases; your personal injury attorney will determine what is needed based on the specifics of your situation.
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Past results afford no guarantee of future results and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Editor’s Note: This post was originally published on January 3, 2018. It was reviewed on February 21, 2025, for content and accuracy, and re-published.
Often, we assume that parking lots and parking garages are relatively safe places to drive. These do not seem to be the type of place where car accidents are likely to occur, so we let our guard down. However, according to the National Safety Council, on average, more than 50,000 crashes occur in parking lots and parking garages annually.
Over the next two years, St. Louis will be the place for numerous lawsuits filed against Johnson & Johnson alleging the use of talcum-powder based products manufactured and sold by the company caused ovarian cancer.
Having St. Louis be a hub for these trials was in jeopardy after a U.S. Supreme Court ruling in June severely restricted jurisdiction in litigation, primarily to the states in which the defendants are based or where the injured parties lived.
