Expert witnesses for a Maryland brain injury can be an expensive piece of litigation, but they are necessary to win your case. Expert testimony is an opinion provided to the court under oath. First, we must certify that the witness is an expert. While the defense has the opportunity to challenge that presumption, they rarely will challenge whether an expert should truly be classified as one. Expert testimony is critical for clarifying complex topics. Expert witnesses can help cover various issues in brain injury cases in Maryland. There is a test many courts implement to determine whether the reliability and relevance of the testimony should be admissible. In federal court, judges will apply the Daubert factors, taken from Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). In Maryland, Md. R. Evid. 5-702 governs this test. But the factors remain essentially the same.
The court considers three factors. First, whether the witness is qualified as an expert by training, experience, knowledge, or education. The second factor is more subjective. This factor asks the judge to consider the appropriateness of the expert testimony on the particular subject. For example, if the expert’s testimony is meant to speak to the extensiveness of your brain injury but instead explains to the jury that he feels bad for you because you did not deserve to be injured in this nature, that would be outside the scope of the witness’ expertise and probably not appropriate under the second factor.
The third factor is whether there is a sufficient factual basis to support the testimony espoused by the expert. The only factor that the Maryland courts do not consider, which federal courts do, is whether the testimony is a product of reliable methods. The Maryland courts allow more leeway for an expert to reach a conclusion.
These are among the most common expert witnesses for a Maryland brain injury. They are tremendously useful to explain to the jury the complexities of your type of brain injury. The vast majority of laypeople do not understand the nuances of a concussion, contusion, second impact syndrome, or an anoxic brain injury. This is where a medical expert can come in and explain what that injury is and why they believe you are suffering from that injury based on their experience as an expert. The medical experts who may testify in your brain injury case are neurologists, neurosurgeons, and neuropsychologists. They may testify about the nature of your injury, any long-term effects, and how they will affect your quality of life decades into the future. Remember, the value of your case considers not just your past damages but any future pain and suffering, too.
Our goal in hiring a medical expert is for the court to accurately understand and appropriately address your medical condition and the potential permanency of your brain injury.
Expert witnesses for a Maryland brain injury almost always include economic experts. As your attorney, if we take your case to trial, we aim to maximize compensation for your damages. If you have a serious brain injury, you may require full-time care to maintain as normal of a life as possible. In extreme cases, you may be unable to care for yourself. We aim to establish that the defendant is liable for your injury. This means the defendant is responsible for your costs, such as nursing, loss of earnings, and any future medical expenses. Our goal in hiring an economic expert is not necessarily to inflate your future expenses. If we hire a disingenuous expert witness, the defense will pick him apart on the stand, and the jury will choose to go with whatever the defense’s counterwitness suggests.
Economic damages are not the place to recover excess compensation. It is an exact calculation of what your costs will be. Instead, in pursuing noneconomic damages, we can target the jury’s heartstrings and make more of an impact toward maximizing your compensation. Here, we quantify the financial implications you will face over your lifetime due to your brain injury. This is often a substantial sum. In many cases, such as car accident cases, there is not always enough auto insurance under the defendant’s policy to cover your damages. In that case, we will simultaneously make an underinsured motorist claim to utilize all available coverage to get you the compensation you deserve.
Vocational and rehabilitation experts are common expert witnesses for a Maryland brain injury. This type of expert aims to assess the injured person’s ability to return to work and perform occupational tasks. They help the jury understand how brain injury affects future earning capacity. Primarily, if you work a desk job that requires you to write emails, evaluate anything on your computer, or speak on the phone, and you cannot do that anymore, we retain this type of expert. A vocational expert will explain to the jury the ceiling for income you are now relegated to. In general, you are entitled to the difference between what you earned before your brain injury, what you likely would have earned later in your career, and what you can now earn with your injury.
Related to vocational and rehab experts are occupational therapists. If we can certify this professional as an expert, they may describe to the jury the modifications needed in the workplace or at home to accommodate any new disabilities.
Expert witnesses for a Maryland brain injury often must be able to reconstruct an accident for the jury. This type of expert is necessary to establish liability against the defendant. Oftentimes, the property damage to the vehicles may tell the full story. However, there are plenty of instances where it is insufficient to meet our burden of proof by a preponderance of the evidence. An expert may convince a jury it is more likely than not that the sequence of events occurred in a given order. These expert witnesses for a Maryland brain injury analyze how the accident occurred, often using simulations and reconstructions to demonstrate the mechanics of the injury.
The selection process involves assessing the expert’s educational background, experience in brain injury cases, and ability to communicate complex information clearly to a lay audience. Expert witnesses for a Maryland brain injury are crucial because it is a complex topic. A jury may not understand how a contusion on the brain can lead to brain swelling and end a victim’s life, resulting in a wrongful death. Moreover, almost no one outside of this field understands the exact cost of altering one’s home to make it accessible for a person who is suffering from severe and permanent brain injury.
Accordingly, the right expert witness, particularly one compelling to a group of jurors who may already have preconceived notions for one reason or another, is critical. The wrong expert witness may lose the attention of the jury. When this happens, they seldom are convinced of anything. Seeing that the burden of proof lies with us as the plaintiff, we must hold their attention and convince them of the importance of your case.
Contact our office today for questions on expert witnesses for a Maryland brain injury or if you believe you have a viable claim for personal injury.
Call our office today for a free case evaluation at (202) 331-7227.