Do I Need an Expert Witness for My Wrongful Death Case?

If you believe the death of your loved resulted from the carelessness or recklessness of someone else, you could be entitled to the proceeds of a wrongful death claim. While these lawsuits have much in common with personal injury cases, there are significant differences.

Often, the amount of compensation in a wrongful death claim is much higher than an injury lawsuit. However, determining the at-fault party can be challenging, given that the individual is no longer alive. This is why an expert witness could play an important role in this type of claim. It is possible that you may need one or even multiple expert witnesses during your lawsuit.

How an expert can help

There are many types of wrongful death claims. These cases can involve anything from car accidents to defective medical devices to dangerous household cleaners. Expert witnesses are professionals who have mastered their field. They are knowledgeable in the particulars of a claim, which can be invaluable to your case. Not only can they use their expertise to testify on your behalf, but they can also assist you and your legal team with understanding the facts surrounding your loved one’s death. The guidance and testimony of an expert witness can turn the tide in a contentious wrongful death case.

Types of expert witnesses in wrongful death claims

In general, there are two reasons why you might call an expert witness to testify at trial. The first is to use their expertise to establish that the defendant was at fault for your loved one’s death. The other reason for using an expert witness is to establish the amount of compensation you are entitled to. Some common types of experts used in wrongful death cases include:

• Accident reconstruction experts. Many wrongful death cases stem from car accidents. An accident reconstruction expert can take physical evidence from the scene like skid marks or the location of the damage on a vehicle to determine who was at fault.
• Engineers. When the design or construction of a building results in collapse, any deaths that result could lead to a wrongful death claim. An engineer could review the plans or the wreckage and testify if the builder or architect were negligent.
• Doctors. Doctors can serve as expert witnesses to determine if a medical professional acted reasonably during treatment. Medical experts could also testify to the amount of compensation is necessary for the decedent’s final medical care.
• Economists. Economists could testify in many situations related to determining damages. They could provide insight into a deceased person’s future wages had they survived or estimate the amount of financial support their family will miss out on due to their death.

Contact us for a confidential case evaluation

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we can do far more than file a lawsuit or appear for you in court in a wrongful death case. We have extensive experience hiring expert witnesses that could ensure that you receive the most damages possible for your case. Financial compensation won’t bring your loved one back, but it will help with a sense of closure and justice.