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Thursday, 7 June 2018

Discovering A Traumatic Brain Injury Expert Witness

By Deborah Long


Throughout life, there are many aspects which can effect thought and behavior. If an individual has an injury due to an accident, fall or an attack, it can often lead to brain damage. In most of these cases, the individual will either pursue a civil or criminal trial in which a Traumatic Brain Injury Expert Witness can often be helpful.

An expert witness is an individual whom by opinion and virtue of skills, certification, training, experience or education is considered an expert in the field by a judge on a case. Most often, the judge will consider scientific and technical information which the skilled expert can provide whether before, during or at the end of a case.

The testimony provided by these individuals are considered expert opinions rather than facts. As this is the case, the information is often rebutted and challenged on a regular basis. For this reason, it is important that those working in this role provide as much documentation, proof and research as possible to the court before taking the stand.

Experts are generally asked to provide opinions on severity and type of injury, sanity, failure of a device or machine to have worked properly, care costs, associated benefits and loss of income due to the accident or incident. While this is the case related to medical issues, experts can also provide testimony with regards to intellectual and property right laws.

At trial, tribunals and judges have often been known to ask for technical evaluations of facts or actions in order to provide the court with as much information as possible. As the individuals are often considered equal to actual data, testimonies are often entered into evidence. After which, the information is compared to the results provided by other parties.

Individuals providing services as expert witnesses have a lot of responsibility and power when it comes to providing information to the court. While this is the case, it is important to avoid perjuring oneself as doing so is a felony in the United States. In fact, there has been a great deal of opposition to admitting the testimonies of these individuals in civil trials due to the ongoing differences of opinions between parties in these type cases.

When it comes to high stake criminal trials, there can often be multiple experts on different topics retained by each party. While rare, some courts will still provide an independent witness. Whether hired by an attorney or provided by the court, monies paid to these individuals may not be contingent upon winning a case. Otherwise, it could seem as the defendant or attorneys in the case were offering a bribe.

Whether part of a civil or criminal trial, these witnesses and expert opinions are of some of the most important elements in a case. For, forensic firearm, DNA fingerprinting, blood analysis, medical and psychiatric testing are common practices shared in civil and criminal cases. In addition, electronic data such as cell phone call and text records, e-mails and posts on social networks are regularly examined by these individuals.




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