How an Expert Witness Can Help Your Maryland Personal Injury Case

In courtrooms, juries often need help understanding scientific or technical facts. When they do, lawyers call special witnesses, called experts, to testify. Expert witnesses play a key role in many personal injury trials. 

This article discusses Maryland’s rules on expert witnesses and what they do in personal injury cases. It also explains how a Laurel personal injury attorney can help with expert witnesses and other trial issues. 

What You Must Prove to Win a Maryland Personal Injury Case

To win a Maryland personal injury case, you and your Laurel personal injury attorney will have to prove negligence. Negligence is a term lawyers use to describe a special type of carelessness. In Maryland, a person is negligent when:

• They have a duty to act in a particular manner,  
• They did not comply with that duty, 
• Their failure to act in accord with their duties was the direct cause of another person’s injuries. 

For example, assume A is driving along Route 198. B, who is driving in the opposite direction, fails to stop at a red light. B hits A. B had a duty to stop at a red light, but did not. This behavior is likely negligent. 

Establishing negligence is the first part of the case. Once a party is found negligent, the injured person will be entitled to damages. Damages are money awarded to injured people to cover their accident-related costs. Damages typically cover expenses like past and future medical bills, lost wages, and lost future earning capacity. 

What Is an Expert Witness under Maryland Law?

The vast majority of Maryland personal injury cases – roughly 95% – settle before trial. But when a case does go to trial, each side must present evidence that supports its case. This evidence can include documents, pictures, videos, demonstrative exhibits (e.g., accident recreations), and witness testimony. 

There are two types of witnesses: lay and expert. A “lay” witness is someone who simply testifies about what they observed on a particular day without using any particularized knowledge. A witness who saw a car accident fits into this category. 

Expert witnesses, on the other hand, help the jury understand matters that require specialized training. Maryland Court Rule 5-702 says that expert testimony is allowed when the witness has specialized “knowledge, skill, experience, training, or education” that will help the jury understand the facts of the case. Lawyers on either side can ask the court to certify a particular witness as an expert. 

Experts in personal injury cases help complete the story. Lay witnesses don’t need special training to testify that they remember that the light was green before the crash. However, the jury might need help understanding more complex medical, legal, or financial issues.  

Common Types of Expert Witnesses in Maryland Personal Injury Cases 

Maryland personal injury cases typically feature three types of experts. 

Medical experts. Medical experts are a crucial part of many personal injury cases. In a slip-and-fall, car accident, or other injury case, these experts can help the jury understand the nature and extent of the injuries, the path to healing (or lack thereof), and other medical issues. Medical expert testimony is required in Maryland medical malpractice cases. 

Accident Reconstruction Experts. Accident reconstruction experts apply physics and other sciences to photographs and videos of the accident scene. They use their knowledge to help the jury understand how and why the accident happened, and perhaps even who was responsible for the crash. 

Economic/Life Care Experts. While doctors and other medical experts can provide a prognosis, they can’t speak to the cost of care. Financial experts can estimate the cost of future medical needs and lost future earnings. 

How Expert Witnesses Help in Maryland Personal Injury Cases

To prove negligence, you’ll have to prove that the other party was the cause of your injuries. An expert in accident reconstruction can help the jury understand that the accident was not your fault. Similarly, if the other party tries to argue that your injuries were pre-existing and therefore weren’t caused by the accident, a medical expert can help the jury connect your injuries to the other party’s actions. 

Experts can also help with damages. In car accident cases in particular, insurers often downplay the extent of the injuries. Medical experts can refute these claims by emphasizing the severity of the injuries. Then, economic experts can assign a dollar amount to the ongoing care. 

Get Legal Help with Your Maryland Personal Injury Case 

Expert witnesses are just one of the things that make Maryland personal injury cases so complex. But an experienced Laurel personal injury attorney can help you build a strong case with the best possible evidence – including expert testimony.

If you or a family member needs legal help with a personal injury claim, contact the Law Offices of Thomas E. Pyles. Our attorneys have decades of experience helping a wide range of personal injury claimants get the compensation that they deserve. Call 301-705-5006 today or use our online contact form to schedule a free consultation at our Laurel, Waldorf, or Leonardtown offices.