The Role of Expert Witnesses in Child Injury and Wrongful Death Cases

It’s a nightmare scenario that no parent wants to envision. You may take all steps necessary to protect your child from harm, but it’s nevertheless still possible for a child to be injured because someone else was careless. In tragic instances, children may even lose their lives as a result of others’ actions or negligence. This can happen as a result of motor vehicle accidents, medical malpractice, swimming pool accidents, and more.

You can file a claim or lawsuit seeking compensation for relevant losses (such as medical bills or funeral expenses) if a child was harmed or lost their life because of negligence. It’s highly advisable to enlist the help of legal professionals when doing so.

Lawyers can help you pursue fair compensation in many ways. For example, attorneys often have connections with expert witnesses who can provide testimony that may be necessary if other forms of evidence aren’t sufficient to prove fault.

Types of Expert Witnesses in Child Injury and Wrongful Death Cases

“Expert witness” is a broad term. Attorneys often seek the help of various types of professionals and specialists when strengthening cases via expert witness testimony. The following are just a few common examples of expert witnesses who might be involved in a case like yours:

• Accident reconstructionists: If a child was harmed in a motor vehicle wreck, accident reconstructionists are experts who can re-create the conditions of the crash. Doing so may be necessary when there are questions regarding liability and fault.
• Medical experts: Medical experts may testify in several types of personal injury cases. Although it’s perhaps most common for them to testify in medical malpractice cases, the insights of medical professionals can be valuable in many situations and contexts.
• Forensic scientists: It’s sometimes unclear what the true value or significance of a piece of forensic evidence is. Forensic scientists can testify to what these types of evidence signify. In some cases, forensic scientists are even involved in the process of gathering evidence.

Again, that’s by no means a complete list. Generally, an expert witness is someone who may be called to testify if a case goes to trial. Additionally, in some circumstances, coordinating with expert witnesses during the early stages of negotiations could help demonstrate to an insurance company that offering a fair settlement now is wiser than dragging the case into court.

The Role Expert Witnesses May Play in Child Injury and Wrongful Death Cases

The specific reasons lawyers choose to call expert witnesses to testify can vary depending on the nature of a case. Here are just a few examples of circumstances in which it might be necessary to call an expert witness:

• In a motor vehicle wreck case, the party that caused the crash is denying fault. An accident reconstructionist could provide testimony explaining how an accident most likely occurred. A jury might be more likely to believe a liable party is responsible for a collision after an expert witness provides a thorough explanation of the conditions surrounding an accident.
• Negligence in the context of a medical malpractice case may be somewhat challenging to establish because members of the jury don’t fully understand the medicine and science, as well as topics and concepts the case naturally involves. An expert witness could explain in clear terms what a jury needs to know to understand why you or your child deserve to receive just compensation.
• Perhaps your child has sustained injuries that will leave them in need of lifelong care. If so, you can pursue compensation for the cost of future care when negotiating a settlement or asking for damages in court. In this context, a life care planning expert witness may speak to the way a child’s injuries are likely to affect them throughout life, while also potentially speaking to the financial costs of the care a child is likely to need.

Essentially, juries may not always understand everything they need to understand to make a proper decision about a case. Also, additional evidence and testimony may be required to legally support complex claims. An expert witness can help in these circumstances.

Contact Boston Child Injury and Wrongful Death Attorneys

At Swartz & Swartz, P.C., our Boston personal injury lawyers are dedicated to helping parents hold liable parties accountable when negligence results in child injuries or death. We’ll tailor our strategy to your specific needs, helping you pursue the compensation that’s available. Sometimes, this means enlisting the help of expert witnesses. Learn more about what we can do for you and your family by contacting us online or calling us at (617) 742-1900 today.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.