When Would a Tulsa Personal Injury Case Need an Expert Witness?

When Would a Tulsa Personal Injury Case Need an Expert Witness?

To bring a successful personal injury claim in Tulsa, you need to be prepared to prove liability and damages. Evidence is the foundation of any strong claim. In some personal injury cases, expert witnesses are called upon to help provide clarity. There are special rules and regulations regarding the use of expert witness testimony in Oklahoma. Here, our Tulsa personal injury lawyer highlights the key things to know about expert witnesses in these cases.

What is an Expert Witness?

Evidence is key to any successful legal claim. A personal injury case is no exception. Witness testimony can be a very powerful form of evidence. Broadly explained, an expert witness is a specialist in a particular field who is called upon to provide specialized knowledge in court cases. They are contrasted with a “fact witness.” Unlike a fact witness—who is a person who can provide testimony regarding something that they actually saw or actually experienced—an expert witness provides opinions and interpretations based on their expertise. They might analyze technical data, evaluate professional practices, or explain complex concepts to the jury. The Department of Justice (DOJ) explains that expert witnesses “must possess specific qualifications” in order to be qualified to provide testimony.

Most Common Reasons for an Expert Witness in a Personal Injury Claim in Tulsa

A personal injury case may or may not involve testimony from an expert witness. It generally depends on the specific circumstances. An expert witness may be called upon if there is a complex or highly technical matter that needs clarification. Some of the most common reasons why expert witnesses are called to testify in personal injury claims in Oklahoma include:

• Accident Reconstruction: Hurt in a complex motor vehicle crash? An expert witness may be required to testify. Indeed, expert witnesses in accident reconstruction can be crucial. Among other things, these experts may analyze the crash site data, vehicle conditions, and witness statements to piece together how and why the accident occurred. Their insights can be essential for establishing liability and understanding the true cause of the crash.
• Medical Clarification: Medical expert witnesses play a vital role in personal injury claims by clarifying the extent and nature of injuries sustained. Among other things, the expert may review medical records and testify about the causation of injuries. Their testimony can be critical for validating the victim’s injuries.
• Professional Standards (Medical Malpractice): If an alleged breach of professional standards is an issue, expert witness testimony is often required. For example, in cases of medical malpractice, expert witnesses are indispensable for explaining the accepted standards of medical care and how those standards were not met. In fact, expert witness testimony is required in a medical malpractice claim in Oklahoma. These experts assess the actions of healthcare providers against these standards to determine negligence.
• Technical Matter: Expert witnesses may testify to technical matters in a personal injury claim. For example, imagine you were involved in a semi-truck accident. An expert may examine maintenance records, assess compliance with safety regulations, and determine if negligence in truck upkeep contributed to the accident. There are many other technical matters for which an expert may be called upon to testify as well.

Know the Standard for Expert Witness Admissibility in Oklahoma

You do not have the automatic right to call upon a specific expert witness in a personal injury trial in Oklahoma. To testify as a non-fact witness (an expert), a professional must satisfy our state’s admissibility requirement. Similar to many but not all U.S. jurisdictions, Oklahoma uses the Daubert Standard to assess the admissibility of expert witnesses. It was set forth by the Supreme Court of the United States in the case of Daubert v. Merrell Dow Pharmaceuticals, Inc. The Daubert Standard requires that the methodology used by the expert is scientifically valid and can be properly applied to the facts of the case. Under this standard, the judge acts as a gatekeeper to ensure that the expert’s testimony meets all of the following requirements:

• It is based on sufficient facts or data;
• It is the product of reliable principles and methods; and
• It is relevant to the personal injury case at hand.

Contact Our Tulsa, OK, Personal Injury Attorney Today

At McGuire Law Firm, our Tulsa personal injury lawyer is a skilled, experienced, and reliable advocate for injured victims. Have any questions about expert witnesses in personal injury cases? We are here as your legal resource. Contact us right away for your no-cost, no-strings-attached initial case review. We handle personal injury claims in Tulsa and throughout the entire region.