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Almost every First Party no-fault lawsuit involves legal experts. Knowing who they are, and why they are there can help you understand the relative strength of your legal case.
Auto accident litigation involves a lot of experts. Some will work for you, and others for the auto insurance company. Here is a list of some of the most common types of experts in a no-fault legal case.
The center of a no-fault claim is your medical expenses. It is up to your attorneys to demonstrate that you were injured as the result of a motor vehicle and that your medical treatments are reasonably necessary. That’s where your medical experts come in. They are usually your doctors, surgeons, or therapists. They can testify to how you were injured and why they chose the treatments they did to treat your injuries. In addition, they can testify to the need for replacement services or attendant care based on your medical restrictions.
In a Third Party lawsuit against an at-fault driver, medical experts can also provide estimates on how long your recovery will take, and can testify to how your injury will disrupt your everyday life.
In a Third Party case against an at-fault driver, your attorneys may bring in another kind of expert: the accident reconstructionist. This expert uses evidence on the scene, the vehicles, and witness testimony to determine what happened and whose negligence caused the crash. Your lawyers will use these experts to prove that the other driver is at fault.
Not all the doctors in your case will be on your side. The auto insurance companies will require you to go through an “independent medical exam” by a doctor who works for them. At trial, the insurance company will use that doctor’s report and testimony as a defense medical expert to argue that your injuries were not related to the accident or that treatment you received was unnecessary.
The staff of the insurance company can also serve as legal experts against you. They are most often required to testify about whether your insurance policy is valid. Insurance adjusters review the policy, payment history, and any other facts the auto insurance company may be able to use to undercut your no-fault benefits. When you are claiming benefits under someone else’s policy (a relative, driver, or owner of a vehicle) an adjuster may also testify as an expert witness as to whether that policy is the one that should apply.
Actuaries are auto insurance experts that testify against your medical providers’ bills. They will testify as to the “reasonable” costs of medical services, which will almost always be lower than your doctors’ bills.
Legal experts play a big part in your auto accident legal case. The skilled trial attorneys at Christensen Law will help you identify the legal experts you need and develop their testimony so that you can bring your strongest legal case.