Were you hurt in an accident in Kansas City or elsewhere in Missouri? You have the right to seek compensation for the full extent of your damages from the at-fault party. These can be complicated cases—especially if there is a dispute over liability or damages. In some cases, expert witness testimony may be required. Here, our Kansas City personal injury lawyer provides an overview of key points to know about expert witnesses and personal injury claims in Missouri.
Two Types of Witnesses in Personal Injury Claims
Evidence forms the foundation of every successful personal injury claim in Kansas City. It is crucial that your accident is carefully investigated. You need access to all relevant evidence. Notably, witness testimony can be a compelling form of evidence. There are two types of witnesses:
- Fact Witness: Fact witnesses play a straightforward but critical role in personal injury claims. They provide testimony based on firsthand knowledge of the events. For instance, an eyewitness who saw a car accident occur may describe what happened.
- Expert Witness: On the other hand, expert witnesses offer specialized knowledge or opinions that help clarify complex issues beyond the understanding of a layperson. In a Missouri personal injury case, a wide range of experts may testify.
Understanding the Role of an Expert Witness
The core responsibility of an expert witness is to help the court understand a complex or technical matter. Indeed, expert witnesses can break down complex subjects into understandable terms. They may testify to a wide range of different matters. For example, a biomechanical engineer might explain how the forces in a collision caused specific injuries. Other expert witnesses may focus specifically on the issue of damages.
Admissibility of Expert Witnesses: Daubert Standard
An expert witness will not automatically be allowed to testify in a personal injury claim. There are specific standards under Missouri law for the admissibility of expert witnesses (490.065, RSMo). The state has generally adopted the Daubert Standard to determine the admissibility of expert witness testimony. Here is the key point to know:
- The standard requires that an expert’s methods are scientifically valid and applicable to the facts of the case.
Notably, the judge in a personal injury case acts as a gatekeeper. It is the judge’s job to assess whether the testimony is based on sufficient facts, reliable principles, and methods that have been properly applied. For example, an accident reconstructionist’s testimony would be admissible if their analysis is grounded in peer-reviewed methodologies and reliable data.
Get Free Help From a Top-Tier Kansas City Personal Injury Attorney Today
At House Law LLC, our Kansas City personal injury lawyers fight for justice. If you have any questions about expert witnesses, we are more than ready to help. Contact us right away for a no-cost, no strings attached case evaluation. With an office in Kansas City, we are prepared to fight for justice for victims and families throughout the region.
Tags: brain injury, personal injury, traumatic brain injury
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