Personal Injury: The Importance Of Expert Witnesses

Anyone who has been injured through no fault of their own and is claiming personal injury compensation will invariably need to have a medical expert report. The expert’s evidence is crucial to support your claim in recovering maximum compensation.  The specialist injury lawyers at ParrisWhittaker in the Turks and Caicos Islands (TCI) and surrounding region have years of experience recovering injury compensation for clients.

What is an expert witness?

In injury cases, most expert witnesses are doctors or other medical or health professionals who will examine the claimant and produce a report on their injuries. The expert will also give their expert opinion on the individual’s prognosis and how the injuries have affected their life.

Examples of medical experts range from orthopedic surgeons and pediatricians, to psychiatrists and dermatologists. We will always instruct the most suitable expert to reflect the nature of the individual’s injuries.

In some cases, for instance road traffic accidents, workplace accidents and plane or boat/cruise ship accidents, we may decide that an expert engineering report or other type of expert is also appropriate.

Why have an expert report?

When you file an injury claim against the party at fault (typically, it will be against their insurance company), the burden of proof is on you to establish that they were, on balance, responsible for causing your injuries. The more evidence you have to support your claim, the stronger the case we can build on your behalf.

An examination and a report from your medical expert is crucial to substantiate the extent of your injuries; how they occurred; how your recovery is going; and what your prognosis is. In serious cases, a comprehensive medical report from experts can maximise the amount of compensation you eventually receive.

Once the report is received and disclosed to the other side, it can also prompt an early settlement. We will always strive to secure a fair settlement to avoid expensive and protracted litigation.

Must the expert take my side?

It is important to understand that expert witnesses owe several important duties to the court. Fundamentally – and perhaps surprisingly – the expert’s overarching duty is to the court and not to the instructing party.

The Supreme Court Civil Procedure Rules 2022 (part 32) specifically state: “It is the duty of an expert witness to help the Court impartially on the matters relevant to his or her expertise. This duty overrides any obligation to the person by whom he is instructed or paid.”

Experts must also be independent – providing objective, unbiased opinion. So, there’s always a risk that your expert may not produce a report that supports your claim to the extent you wish. However, if an expert witness changes his or her opinion on a material matter after the service of an report, that change of opinion must be communicated to all parties.

If you don’t ‘like’ the contents of the report, you cannot simply change experts and commission another. This is commonly known as ‘expert shopping’ and the courts take a very dim view of the practice.

How much will it cost?

This depends on what type of expert your case needs. While you will have to pay their fee upfront, we will claim your costs back from the defendant as part of your final award.  Our aim is always to ensure you are not left out of pocket.

While we take a robust approach to all our clients’ injury lawsuits, we can never guarantee a successful outcome. However, we work hard to gather the strongest medical evidence we can to support your claim and to achieve a successful settlement where possible.

For expert representation, contact the experienced personal injury litigation solicitors at ParrisWhittaker in TCI as early as possible. You can contact us at +1.242.352.6112