Traumatic Brain Injury Expert Witness Job Description

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.

By definition, an expert witness is anyone whom by virtue and opinion has the skills, knowledge, training, certification, experience and education to be considered an expert in a specific area by the judge on a case. In most cases, the judge will consider the technical and scientific data provided by an expert as evidence.

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.

Most experts are asked to provide opinions on overall mental and physical health and well being. In addition, the court will also ask questions related to an injury, failure of a device or machine to work properly, loss of income, associated benefits and cost of care whether related to doctors, hospitals or rehabilitation centers.

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 serving in this manner have a great deal of responsibility. For, when it comes to criminal or penal trials, perjury is a punishable offense. As such, some criticize the use of these individuals in civil trials in the United States as there are often differing opinions on both sides of a case when it comes to these witnesses. After which, it is left up to the jury to decide which individual to believe when finalizing the case.

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 participating in a criminal or civil trial, witnesses and opinions are important elements in a case. For, blood analysis, DNA fingerprinting, forensic firearm and psychiatric testing are common actions in all trials. In addition, contrary to popular relief, judges, law enforcement agencies and these experts can obtain copies of social network posts, emails and cell phone records, including calls and texts to be used in court upon request.




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