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Medical Experts in Personal Injury Cases

Posted on in Personal Injury

California injury lawyer, California accident attorneyMedical professionals are needed in many personal injury cases including car crashes , slip and falls , and catastrophic accidents. While many accident victims are not concerned with this aspect of their case, medical experts are a crucial part of getting you the compensation you deserve under law.

What Medical Experts Are Used to Prove

Typically medical professionals are needed to prove three parts of your claim.

The first thing you will need a medical professional to give an opinion on is whether the accident led to your injuries. This is an element that must be proven in every personal injury case.

In some cases, this is a straightforward element to prove. For example, if you were in a car accident that left you with a broken arm, it would be clear that the car accident caused your arm injury.

However, there are more complicated accidents such as those involving preexisting conditions. For example, if you already had a back condition when you were in a car accident that you believe left you with more severe back pain, it would be more difficult to prove what precise injury was caused by the accident.

The second way a medical expert can be useful is in determining an accident victim’s prognosis. If you were severely injured, you may not be able to return to work. A medical expert can testify to your limitations and for how long those will impede your ability to work.

The third way a medical expert can be used is to provide context for a pain and suffering award.

A medical professional will be able to explain what you experienced as a result of an accident that was not your fault.

Medical Experts Are Needed Even When Case Does Not Go to Trial

If your case goes to trial, both sides will each likely call at least one medical expert to testify. Then it will be up to a judge or jury to determine which side has presented the more persuasive case.

However, experts will be needed long before trial. For example, a medical expert may be retained to write a letter on his or her opinions that can be used during preliminary settlement talks.

If the case does not settle, expert witnesses will need to be deposed so that the other side can fully explore the expert’s position in advance of trial. It may be the case that after a deposition of an expert, a settlement will be reached.

Contact a San Jose, CA Personal Injury Attorney

Call the accomplished San Jose personal injury lawyers at the Jachimowicz Law Group at 408-246-5500 to set up your free consultation today.

 

Source:

http://www.west.net/~smith/1714.htm

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