(intro music)...(what is an expert witness?)
Hi, this is Attorney Chuck Boyk. I've been a personal injury attorney in Northwest Ohio for the last 28 years
and today I wanted to answer some questions that I get on a regular basis
First question is what is an expert witness? and
how do I go about getting an expert witness? In a lawsuit
the plaintiff's attorney has to prove the case.
In order to prove the case you're going to need expert witness. That's somebody who
has expertise in a specific area
in order to prove your case. So for example, if an individual out of an auto
accident has a torn rotator cuff
how do we prove that the torn rotator cuff is linked to the accident?
Normally what we would do is try to find a board certified
orthopedic surgeon who's willing to testify
whose good at testifying and that individual will look at the prior records,
look at history of the accident, look at the
surgical records and say to a
reasonable degree of medical certainty that the proximate cause of the
rotator cuff surgery was the specific auto accident.
Another example would be if
an individual no longer can work as a result of the accident,
we're going to try to prove future lost wages.
So typically what we would do in a situation like that is we would hire
somebody called a
vocationalist. The vocationalist would indicate
based on the functional capacity exam
of the injured person based on the medical records that there is only certain
jobs that would be available for that individual
and they would basically indicate what the decrease
in future earnings would be for that individual.
Then we would take that information and the medical records
and send it to an economist who would put down the present value
what the future economic loss is to the individual.
Another example might be an auto accident were there is a dispute
on how the auto accident happened.
What we often use is somebody called an accident reconstructionist.
The accident reconstructionist is a professional
expert witness that will put the accident together and
testify to a reasonable degree of engineering certainty
what the cause of the accident was and how the accident happened.
So in order to prove your case under Ohio law
it's important to have a good personal injury attorney
who knows what type of expert you need,
who are the best experts and how to prepare
those experts to help maximize the value
to your case.