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State Court Hears Appeal Following Denial of Expert Testimony

Posted in Auto Accidents

The Supreme Court of Montana recently released an opinion in an accident case dating back to 2012. The plaintiff in this case was stopped in a traffic jam when the defendant slammed into the back of the plaintiff’s car, causing a domino effect in which the plaintiff ended up hitting the car in front of him. The defendant admitted negligence, and the plaintiff filed for damages. The plaintiff argued that they suffered a series of serious physical injuries, and as a result they brought a claim for those physical injuries in addition to emotional distress, medical bills, and loss of income.

The lower court in this case awarded the plaintiff around $3,000 after factoring in payments she already received. The plaintiff was not satisfied with this amount and appealed the case to the state supreme court. She argued that the court erred when it excluded testimony from her physician and physical therapist. Additionally, she claimed that the court erred by granting a directed verdict related to her injuries and then concluding that she was not owed damages related to her loss of business. The court did not find that the lower court abused their discretion when they rendered their evidentiary rulings.

The Importance of Expert Witnesses in a New Mexico Personal Injury Case

Like attorneys, experts are an indispensable tool when pursuing a claim for personal injuries following an accident in New Mexico. In some cases, it is required that individuals who have been injured have expert witnesses to substantiate their injuries. Expert witnesses are almost always needed when “scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence.”

An attorney can help accident victims find and present expert witnesses to testify in front of a judge or jury. These witnesses assist the trier of fact in parsing out the important facts of a case. They often research technical and scientific principles that are involved in your case and generally help attorneys present the case in the most favorable light.

Often, these experts will be required to testify during a trial or hearing. The experts can assist the judge and jury in understanding the nuances of a case. For example, in a personal injury case, an expert witness such as the plaintiff’s doctor may explain the severity of the plaintiff’s injuries. In addition to bolstering the plaintiff’s case, experts may also address weakness or inconsistencies in the defendant’s defense.

Even if you plan on settling the case, it is important that you have an expert witness because the expert can help the other party’s attorney understand the weakness in their own case and help you obtain a more favorable outcome.

Have You Been Injured Because of Another Person’s Negligence in New Mexico?

Having an attorney zealously advocate for you in a New Mexico personal injury case is incredibly important. An attorney at the Fine Law Firm can assist you in finding the appropriate expert witnesses and fight to ensure that all favorable evidence is heard by the trier of fact. An attorney at the Fine Law Firm, with the assistance of an expert witness if necessary, can help you seek the compensation that you deserve. This may include monetary compensation for your physical injuries and pain and suffering. Contact an attorney at the Fine Law Firm today at 505-243-4541 to schedule your free initial consultation.

More Blog Posts:

The Importance of Jury Instructions in New Mexico Civil Cases, New Mexico Personal Injury Lawyer Blog, January 7, 2016.

Tenth Circuit Upholds Validity of Liability Waiver After Rafting Accident, New Mexico Personal Injury Lawyer Blog, January 20, 2016.