Unsure about the role of expert witnesses in your South Carolina personal injury case? Watch this video to learn about how they will help get justice.
What is the role of an expert witness in my personal injury case?
Recently, someone from South Carolina called my office and wanted to know what an expert witness was. The reason was they had been talking to an insurance adjuster, and the insurance adjuster told them they didn’t have enough evidence so that the insurance company would consider certain aspects about their claim. The insurance company said, “We need a doctor’s opinion.”
An expert witness is someone that, in a court of law, a judge will allow to give opinion evidence. This means that, say, a doctor can be someone that can use their training and their experience to not only give facts about treating their patient, but they can also give opinions about a diagnosis, the course of a disease, or the course of an injury. A judge is not going to allow anyone to do that. A judge is only going to allow someone who has special training, experience, and maybe taken tests and certifications to give opinion evidence.
On the other hand, other types of witnesses are called fact witnesses. Those are witnesses that may have witnessed a collision, may have witnessed somebody fall, and they are allowed to testify about the facts that they saw. They are not allowed to give opinions unless they have sufficient information or training that a judge would consider them reliable to give an opinion. Most of the time, that requires training and specialization in order to give opinion evidence.
In order to persuade an insurance adjuster, sometimes you’re going to have to get an expert witness that can give opinion evidence that will overcome a defendant’s, insurance company’s, or corporation’s resistance to paying your claim. When an insurance adjuster tells you that they don’t think you can meet the burden of proof in your case, they’re usually saying that knowing that you don’t have an expert witness to meet the burden of proof. When you get in this situation, you need to talk with an experienced South Carolina attorney who knows how to bring cases and knows how to utilize expert witnesses to win your case.
When you need an expert witness, you need to talk with an attorney. Our office routinely deals with expert witnesses, routinely speaks with expert witnesses, and presents them before the courts in South Carolina. Call our office and we will assist you with your case. We will help you figure out what expert witnesses you need and how to use them. Call our office. We’re here to help.
Were you or a loved one severely injured by a negligent person in South Carolina and have questions about expert witnesses? Contact experienced South Carolina personal injury lawyer H. Bright Lindler today for a free consultation and case evaluation.
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