A courtroom drama turns on a witness’s testimony. There will always be a moment when a witness is on the stand who provides shocking testimony that either incriminates or exonerates a defendant or plaintiff.
Typically, these “surprise” witnesses are lay witnesses who testify about what they saw or heard. An expert witness may also be called to testify and provide specialized knowledge, analysis, and professional opinions.
An expert witness helps judges and juries make sense of complex scientific, medical, or technical evidence in serious injury cases.
Expert witnesses establish their qualifications through their education, training, or experience to interpret facts and draw conclusions. Their testimony is straightforward and matter-of-fact, but it is also crucial to determining liability, causation, and damages.
They can prove to be invaluable in personal injury cases.
Key Requirements for Certificate of Consultation in Mississippi Medical Malpractice Claim
Expert witnesses can be called in any serious injury case, but they are especially vital in a medical malpractice claim. In fact, your attorney generally has to consult with an expert before the claim can be filed. In most medical malpractice claims, the complaint must be accompanied by a Certificate of Consultation.
Your medical malpractice attorney signs the Certificate of Consultation. In it, the attorney states that they have reviewed the facts of the case and consulted with at least one expert who is qualified to testify about the standard of care, and that there is a reasonable basis for the case to move forward.
In Mississippi, the attorney generally is not required to disclose the expert’s name or identity.
If an attorney can’t find an expert willing to consult, the certificate can instead state that they made at least three separate good-faith attempts with three different experts and none agreed. The deadline is also pushed back if the plaintiff requested their treatment records from the defendants and those records haven’t been produced. In that case, the certificate isn’t due until 90 days after the records are produced.
A certificate of consultation is also not required if the claim relies solely on the doctrine of res ipsa loquitur, or “the thing speaks for itself,” or solely on informed consent. The attorney files a certificate stating that reliance instead. Res ipsa loquitur applies when the negligence is obvious on its face, like a surgical tool left inside a patient.
In many cases, the expert medical professional who reviews the case for the certificate can also testify at trial.
Benefits of Accident Reconstructionists in Complex Car and Truck Crashes
Another type of serious injury claim where an expert witness can be invaluable is a complex car or truck crash. Accident reconstructionists use scientific principles of physics, engineering, and vehicle dynamics to analyze crashes and determine how and why they happened.
Here are the benefits of an accident reconstructionist as an expert witness:
- Clarifying Disputed Liability: An accident reconstructionist provides objective, fact-based analysis when drivers blame each other or multiple vehicles are involved in a pileup.
- Decoding Tech & “Black Box” Data: They extract and analyze data from Event Data Recorders (EDRs), often referred to as black boxes. These devices can record pre-crash speed, braking, steering input, and throttle position.
- Calculating Speed & Trajectories: An accident reconstructionist measures skid marks, debris fields, and vehicle crush damage to calculate pre-impact, impact, and post-impact speeds.
- Uncovering Truck-Specific Factors: For commercial semi-truck crashes, an accident reconstructionist evaluates load distribution, cargo weight, brake system performance, underride risks, and whether the truck was overloaded or failed to stop in time.
One of the biggest benefits of calling an accident reconstructionist is that they can use specialized software to build 3D visual models and simulations of the collision sequence.
That can be a powerful visual that jurors will remember during deliberations.
Vocational and Economic Experts for Calculating Financial Loss
In addition to expert witnesses who testify about what caused a particular injury-causing incident, experts also testify about the aftermath. Vocational and economic experts often collaborate to testify about financial losses by connecting a person’s medical or cognitive limitations directly to long-term reductions in earning capacity.
A vocational expert often holds credentials such as Certified Rehabilitation Counselor (CRC) or Certified Vocational Evaluation Specialist (CVE). They can evaluate what an injured person can or cannot do after an accident by reviewing medical records and physical or cognitive limits.
They can also examine prior work history to see if the accident victim can transition into an alternative job.
A forensic economist takes the foundational data supplied by the vocational expert and translates it into hard financial figures. They calculate past lost wages, diminished future earning capacity, and the value of lost benefits. They can also factor in wage growth projections, historical inflation trends, and work-life expectancy.
Bottom line: they can convert multi-decade future losses into a lump-sum present-day value. That is the number to present to insurance adjusters or juries.
Choosing the Right Experts for Your Mississippi Injury Claim
If you’ve been involved in an accident caused by another person’s negligence, you’re entitled to seek a remedy. The success of a personal injury claim often depends on an expert witness. Securing the services of that witness is the role of your personal injury attorney.
The legal team at Owen, Owen & Smith, PLLC, can secure that vital testimony.
We have helped the people of Mississippi since the firm was founded in 1982. In that time, our attorneys have handled serious injury claims that turn on qualified expert testimony.
We understand that every claim is unique and provide a customized strategy to pursue fair compensation for our clients.
You don’t need to track down an expert witness when Owen, Owen & Smith, PLLC provides counsel. If you’ve been injured in an accident, call to schedule a consultation to get your questions answered.
