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Who Is an Expert Witness?

WorkerAn expert witness is an individual who can testify about an element of a legal claim because of the insight that his or her expertise provides him or her with the topic at hand. For example, in a workplace accident claim where the claimant had fallen from a ladder and is suffering from a broken leg, an expert witness might be a surgeon or an emergency room nurse who has worked on patients with a similar injury and can discuss a realistic recovery timeline for the claimant. As a victim of a workplace accident seeking compensation through a third-party lawsuit, an expert witness is a great resource for you. Your doctor can be considered an expert witness, but he or she is not the only one. Talk about working with an expert witness with your attorney to determine who can serve in this role and if there are any professionals in your attorney's network who can help.

Examples of Expert Witnesses

What sets an expert witness apart from other witnesses is their specialized knowledge. Because of this, they are not bound to the personal knowledge rule, which requires that any witness who testifies in a civil or criminal case have personally witnessed the event about which he or she is testifying. In other words, the only people who can testify about your accident are people who were actually there when it happened. If a coworker was in another portion of the building when your accident occurred, he or she cannot testify about it because he or she did not see it directly. In contrast, an expert witness can draw upon his or her knowledge of the type of event or equipment involved to discuss how your accident occurred or other details related to the incident.

Working With an Expert Witness Is Just One Way to Support Your Claim

The testimony of an expert witness is only one piece of evidence to support your claim. You will ideally have multiple pieces of evidence to support your claim, such as documentation of the accident when it occurred and photographs of the scene.

Generally, expert witnesses are compensated for working with a claimant. They typically bill per hour, which can reach quite a substantial amount due to the time they spend preparing their testimonies. Talk about this cost with your attorney to determine whether it would be worth the cost to hire an expert witness for your case.

Work With a San Jose Workplace Accident Attorney

If you are considering filing a workplace accident claim, consider the importance of every piece of evidence you use to support your claim. An expert witness can be a critical asset to your claim, as can photographs of the accident, testimonies from witnesses to the accident, and your medical records. To learn more about filing and supporting a San Jose workplace accident claim, contact our team at Corsiglia, McMahon & Allard, L.L.P. today to set up your initial legal consultation with us. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

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I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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