Expert Witness in No-Fault Lawsuit

Why Your Case Needs an Expert Witness

Every auto accident lawsuit has at least one expert witness. Doctors, therapists, and actuaries are all called in at one point or another to assist in developing your case. Find out what all those expert witnesses are for, and why you need them.

As your First Party no-fault auto accident case progresses, your attorney will almost always hire at least one expert witness. All those expert fees can add up and cut into your recovery, but they are absolutely necessary.

Plaintiff’s Burden of Proof

In any lawsuit, the person bringing the case (the plaintiff) has the job of proving the case true. In a First Party case against your auto insurance company, that means that your attorneys will need to prove that:

  • You were injured;
  • The injury was related to the use of a motor vehicle; and
  • The medical treatment you received was reasonably necessary to treat your injury.

In some cases, your testimony and other witnesses may be able to establish your injury and the car accident. In others, particularly if you lost consciousness, you may need an expert to explain what happened to cause the crash.

The third prong of every no-fault case – the reasonably necessary medical treatment – is almost always a question for experts. Your doctors will need to testify as expert witnesses as to what they did and why.

Accident Reconstruction Expert Witness

While an accident reconstruction expert witness is sometimes helpful in First Party cases against auto insurers, they more often come into play in Third Party negligence actions. When fault becomes a question, an accident reconstruction expert witness can help show how a collision occurred and whose negligence caused it.

Defense Medical Expert Witness

Even if you don’t want to use an expert witness, your insurance company will. It has become routine for auto insurers to demand an “independent medical examination” before authorizing any medical benefits. That medical examiner will then become a defense medical expert witness in the case against you. He or she will argue that you had a preexisting injury, that the treatment wasn’t related to the accident, or that you won’t benefit from any further treatment.

To fight back against a defense medical expert witness, your legal team will need to bring in their own experts – your treating physicians. They will testify about what treatment was necessary to treat your injuries and why. The independent medical examiner is almost always basing his or her assessment on one brief exam and a review of documents. Your expert witnesses will be able to provide important context to defeat the claim that your treatment was unnecessary.

The experienced trial attorneys at Christensen Law know how to make good use of an expert witness to win your no-fault case. As you prepare for trial, they will explain to you what the role of each expert is, and what you can expect to hear from them on the stand.

Testimonials

Everyone at Christensen Law was extremely friendly and very easy to work with. Whenever I had a question, they took the time to talk with me and explained everything thoroughly. They were also very quick to return phone calls. I would definitely recommend Christensen Law to anyone in need of a personal injury lawyer.

I suffered Traumatic Brain Injury when struck by a vehicle while walking. My recovery was a long uphill battle; I had little energy to expend on daily routines and even LESS on caring for my home and life. I wondered how I could continue into the future with the difficulties I faced.

I handed the baton off to David and Sarah of Christensen Law. They resolved the unique challenges of my case while buffering me from the opposing side’s onslaught. The case concluded successfully and to my satisfaction with minimal effort on my part.

To ease the burden of the load you carry, make the decision on your legal team today. You’re in the right place – all you have to do now is make the call.

Overall a professional, great team. Everyone knew me and my case. When I left a message, I got a quick reply. Sarah made me feel comfortable going into a courtroom, where I never had been before. Both David and Sarah are very knowledgeable with legal issues. I trusted everyone and am a satisfied client.

V. Watkins

I never knew attorneys could be so accessible and kind. They fought for me all the way to the end. They had to take my case to trial and they won me a great settlement. Now I have a secure future.

 

HH, Davison

I was treated very nicely and professionally with a lot of consideration and compassion for my disabilities suffered in a horrible car accident. Mr. Christensen and Sarah Stempky made sure I understood what was happening with my case and that everything was pulled together.

LG, Stockbridge

As an accident victim I had to have my leg amputated and I was in bad shape overall. David Christensen was a light in that experience. I ended up with an entire home modification to accommodate my disabilities. It was a very stubborn insurance company but David wouldn’t take no for an answer.

CB, Milford

If I had questions or worries Dave would address them with me because he knows what he is doing. I think the world of him. I felt he went above and beyond to turn a really bad situation around. I have hope now where before I felt powerless and miniscule and that these big insurance companies were just going to railroad me.

DT, Jackson

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