Discovering A Traumatic Brain Injury Expert Witness

By Deborah Long


Many individuals experience an accident, fall or other injury at some time in life. In some cases, the incident might result in a blunt force trauma to the head. Whether suing for damages, or filing for disability, a Traumatic Brain Injury Expert Witness can often be of help.

Most often, an expert witness is defined as someone who by the virtue and opinion along with education, experience, training, certification and skills is accepted by a judge as an expert in a specific area. In most cases, the judge considers technical and scientific information which this witness provides prior to, during or as part of closing statements at trial.

In all cases, the testimony of the individual is considered an "expert opinion" rather than fact. While this is the case, the testimony is almost always challenged and rebutted by testimony from other evidence and experts on the case. As a result, it is important that individual provide as much documented research and written information as possible with regards to the fact of the matter 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.

Tribunals and judges can call upon these individuals and others for information related to mental, physical and technical evaluations. After which, the court generally shares the information with the court so that a judge or jury can rule appropriately at the end of the case. It should also be noted that the witness and information provided is often considered equal to other data in the case. As such, the information is often considered evidence when compared with other parties related to the case.

These experts have a great deal of power and responsibility. While this is the case, it should be noted that perjury is a punishable offense. As such, there has been some criticism with regards to these individuals contributing information in civil law suits and trials. For, differences of opinion is often common when it comes to the testimonies of these individuals in a civil case.

Criminal trials with high stakes can often have multiple expert witnesses working on a case under different topics on both sides. While rare, in some cases a court may request an independent witness. It should be noted that these individuals can not provide information as a result of monetary support. For, if so, it could appear as if an attorney or defendant were paying to win a case.

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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