Understanding A Traumatic Brain Injury Expert Witness

By Deborah Long


Many individuals experience an accident, fall or other injury at some time in life. In some cases, the incident might result in a blunt force trauma to the head. Whether suing for damages, or filing for disability, a Traumatic Brain Injury Expert Witness can often be of help.

Most often, an expert witness is defined as someone who by the virtue and opinion along with education, experience, training, certification and skills is accepted by a judge as an expert in a specific area. In most cases, the judge considers technical and scientific information which this witness provides prior to, during or as part of closing statements at trial.

In all cases, the testimony of the individual is considered an "expert opinion" rather than fact. While this is the case, the testimony is almost always challenged and rebutted by testimony from other evidence and experts on the case. As a result, it is important that individual provide as much documented research and written information as possible with regards to the fact of the matter before taking the stand.

Most experts are asked to provide opinions on overall mental and physical health and well being. In addition, the court will also ask questions related to an injury, failure of a device or machine to work properly, loss of income, associated benefits and cost of care whether related to doctors, hospitals or rehabilitation centers.

At trial, tribunals and judges have often been known to ask for technical evaluations of facts or actions in order to provide the court with as much information as possible. As the individuals are often considered equal to actual data, testimonies are often entered into evidence. After which, the information is compared to the results provided by other parties.

Individuals serving in this manner have a great deal of responsibility. For, when it comes to criminal or penal trials, perjury is a punishable offense. As such, some criticize the use of these individuals in civil trials in the United States as there are often differing opinions on both sides of a case when it comes to these witnesses. After which, it is left up to the jury to decide which individual to believe when finalizing the case.

High profile trails often have a number of individuals providing services as expert witnesses on a case. For, there are often multiple issues on both sides. Whether hired by a defendant or attorney, it is never appropriate to pay these individuals in an effort to obtain information that will help win a case.

Whether participating in a criminal or civil trial, witnesses and opinions are important elements in a case. For, blood analysis, DNA fingerprinting, forensic firearm and psychiatric testing are common actions in all trials. In addition, contrary to popular relief, judges, law enforcement agencies and these experts can obtain copies of social network posts, emails and cell phone records, including calls and texts to be used in court upon request.




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