In a New Mexico car accident case, an expert witness is a highly qualified professional who has specialized knowledge used to explain complex issues relevant to the case. An expert witness can provide testimony on the cause of the accident, the victim’s injuries, future costs and other complicated topics.
Seeking legal guidance from a skilled accident lawyer in Albuquerque can help ensure the right experts are identified and utilized to help build the strongest possible case.
The Definition of an Expert Witness
Experts must meet certain standards to be used under New Mexico rules. According to Rule 702 of the Federal Rules of Evidence, a witness is qualified as an expert if he or she has knowledge, skill, experience, training or education that will help the trier of fact understand the evidence or determine a fact in issue.
An expert witness must have specialized knowledge, use and apply reliable principles and methods, and provide case testimony based on sufficient facts or data. The goal of the expert is to offer testimony that can clear up complex or technical subjects that the average juror or judge may not fully understand.
Expert witnesses are not a legal requirement during car accident cases in New Mexico. It is an optional expense you may wish to take on for a stronger claim to damages as a plaintiff. Hiring an expert witness could help your car accident claim succeed if an insurance company or jury is confused about a key point, such as how the car accident occurred. Testimony from an expert witness can help the jury understand something critical to the success of your case, leading to a more positive outcome.
Common Types of Experts Used in Car Accident Claims
Any qualified professional with relevant knowledge on a specific topic may act as an expert witness in a car accident case. However, certain standards (known as the Daubert Standard) must be met to approve an individual to provide scientific expert testimony in court.
Many types of expert witnesses may be brought in to testify during a New Mexico car accident case, such as:
- Medical experts (e.g., physicians or specialists)
- Mental health experts
- Life Care Planners
- Economic experts
- Forensic accountants
- Vocational specialists
- Accident reconstruction experts
- Engineers and mechanics
- Road or highway safety experts
The expert(s) who may be hired to testify during a specific case will depend on the type of case and the facts involved. A medical malpractice claim in New Mexico, for example, may rely on very different experts compared to a car accident case.
The Key Role of an Expert Witness
An expert witness is not the same as a fact witness. A fact witness, otherwise known as an eyewitness, can only testify as to what they directly observed. An expert witness, on the other hand, can testify about anything within the realm of their specialized knowledge, which can be used to interpret and explain evidence.
The role of an expert witness is to strengthen a claim by breaking complex evidence down into terms that are more easily understood by a layperson. Testimony provided by an expert can help a jury understand highly technical evidence and determine liability, or legal and financial responsibility, for the car accident.
An expert can also be used to demonstrate the gravity of the victim’s injuries and his or her related losses. This is of particular importance when a case involves catastrophic injuries and lifelong costs for the victim.
How Much Does it Cost to Hire an Expert Witness?
The cost of hiring an expert witness during your car accident case can be substantial. An expert’s time is not cheap. The average expert charges about $250 to $500 per hour of his or her time. This can include time spent reading over the facts of the case as well as time on the witness stand. Luckily, most personal injury law firms will pay the fees of hiring an expert upfront, and then seek reimbursement for these costs from a settlement or judgment award won. That way, you do not have to afford an expert witness’s fees out of your own pocket.
What Goes Into Hiring an Expert Witness in a Car Accident Case?
To find out if your car accident claim could benefit from hiring an expert witness, consult with a New Mexico injury lawyer. An attorney can give you a professional opinion regarding how best to prove, build and establish your claim – including whether or not to hire an expert witness. If your case needs an expert witness, a lawyer will have connections to highly qualified and top-rated professionals to hire. At the Fine Law Firm, we will also explain the costs of hiring an expert. If the law firm works on a contingency fee basis, you may not have to pay for the expert out of pocket.