300+ Google Reviews
Evidence is the foundation of any successful personal injury claim in South Carolina. Given the nature and complexity of certain cases, expert witnesses may be called upon to provide testimony that helps to clarify a material issue for the court. They can play a big role in personal injury law. In this article, our Rock Hill personal injury attorneys explain the most important things that you need to know about the role of expert witnesses in personal injury claims.
What is a Personal Injury Expert Witness?
A personal injury expert witness is a professional who uses specialized knowledge to provide testimony that helps to clarify facts and/or evidence for the court. Expert witnesses are in contrast to fact witnesses, who have first-hand knowledge of the accident or injuries.
Expert witnesses in personal injury claims can come from a wide range of different technical backgrounds, including medicine, engineering, accident reconstruction, or occupational safety. Their testimony can be extremely compelling for a high-stake personal injury claim.
When Would a Personal Injury Expert Be Called to Testify?
Expert witnesses are not used in every personal injury case in South Carolina. Instead, they will be called upon if there is a complex matter that requires clarification from a professional. Most often, an expert witness in a personal injury claim will testify regarding one of the following:
- Professional Standard of Care: In a personal injury claim in South Carolina, an expert witness may testify to help establish the professional standard of care. They may help clarify the accepted practices and procedures within a specific industry or profession at the time of the accident. In this context, the expert evaluates whether the defendant acted by those standards or was negligent. Expert witnesses are often required for this issue in medical malpractice cases. For example, a medical expert might discuss whether a doctor followed the prevailing care protocols during a specialized procedure.
- Cause of an Accident: South Carolina is a fault-based personal injury state. Determining how and why an accident happened can be the key to establishing liability. Causation is not always easy to work out—especially after a complex crash. An expert witness who specializes in fields like engineering, accident reconstruction, and/or forensic analysis may be able to bring clarity to this issue. These experts can use evidence from the scene, such as vehicle positions, skid marks, and property damage, along with data from simulations and models, to reconstruct the events leading up to the accident.
- Scope and Severity of Injuries: Medical experts are also often called upon to testify in personal injury claims. Indeed, expert witnesses who may provide testimony may testify to the scope and severity of injuries. Among other things, they review medical records, examine the injured parties, and discuss the expected course of treatment and recovery. Notably, a medical expert’s testimony can be key to assessing damages.
Know the Standard of Admissibility for Expert Witnesses in South Carolina
South Carolina policy acknowledges that testimony from an expert witness can be incredibly powerful. Given how much it can sway a judge or a jury, courts do not allow experts to testify unless certain criteria are satisfied. The regulations regarding the admissibility of expert witnesses are governed by the South Carolina Rule of Evidence 702. For an expert to be allowed to testify to any issue in a personal injury claim in South Carolina, the following three things must be met:
- Qualifications of the Expert: First and foremost, the court will confirm that the expert is an expert. The question expert must have the necessary knowledge, skill, experience, training, or education related to the subject matter of their testimony.
- Reliability of the Methodology: The methods and principles used by the expert to reach their conclusions must be reliable. It often involves demonstrating that the methodology proposed is generally accepted in the relevant scientific or professional community.
- Relevance to the Case: Finally, the expert’s testimony must assist the trier of fact (judge or jury) in understanding the evidence or determining a fact that is at issue in the case. Testimony deemed to be not sufficiently relevant will not be permitted.
The South Carolina standard found in the rules of evidence is very similar to the federal “Daubert” standard. While the state has not fully adopted the federal Daubert standard, it has incorporated similar principles to assess the admissibility of expert evidence. Notably, South Carolina courts act as gatekeepers to ensure that only relevant and reliable expert testimony is presented during trials.
Duty to Establish the Admissibility of their Proposed Expert Witness
Both plaintiffs (injured victims) and defendants can rely on expert witnesses. Regardless, the party offering an expert witness is obligated to establish that the witness’s testimony satisfies the legal standards for admissibility. Along with other things, this includes proving the expert’s qualifications, the reliability of their methodologies, and the relevance of their testimony to the case.
We Help Injured Victims in South Carolina Navigate Complex Claims
An expert witness may be needed to help prove liability and/or damages in your personal injury case. At Schiller & Hamilton, we can connect you with the right expert for your specific situation.
Our firm also has the knowledge to help you navigate issues related to the admissibility of expert witnesses. With a proven record of client testimonials and case results, our South Carolina personal injury attorneys are always ready to go the extra mile.
Contact Our Rock Hill Personal Injury Lawyers for a Free Case Review
At Schiller & Hamilton, our Rock Hill personal injury attorneys are skilled, experienced, and devoted to justice. Our firm has helped injured victims recover millions in settlements and verdicts in personal injury claims. If you have any questions about the role of expert witnesses in personal injury cases, we can help. Contact our firm today for a free case review.