mercredi 6 juin 2018

Understanding A Traumatic Brain Injury Expert Witness

By Deborah Long


Proving facts in a court case or trial can often be difficult. While this is the case, if the incident results in a court case, contacting or having an attorney contact a Traumatic Brain Injury Expert Witness can often be a good idea. For, these individuals have the ability to prove actions and facts based on scientific data and technical resources. As a result, the expert opinions provided by these individuals can go along way in determining the outcome of a trial.

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.

While potentially considered evidence, the testimony of these individuals are considered opinions rather than fact. As a result, the information provided during trial can often be rebutted and challenged by other parties on the case. While this is the case, if the individual has the documentation, fact sheets and research to prove the evidence in a court of law, one can almost always have the information entered as evidence.

The court generally ask these individuals ask about the severity of an injury, associated benefits, care costs, loss of income and sanity. Whereas, when it comes to copyright laws related to art, music or other areas, experts can also provide testimony with regards to property and intellectual laws.

Judges or tribunals can often call upon these individuals for technical evaluations, to evaluate a certain fact or action in order to provide the court with information. In most areas, these type witnesses are considered equal to the data and information provided in the case. After which, the results are then compared to the results provided by the experts of 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.

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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