Expert Witness Establishes a Link Between Conduct and Injury in Negligence Cases
Provided by HG.org
Negligence cases often involve some form of negative conduct on behalf of a professional that may lead to the injury, and this then progresses through the courts for compensation. When the claim becomes complicated or confusing, the expert steps in to unravel the problem and explain certain elements and aspects for better clarification.
Negligence and professional misconduct are similar enough that they occur with frequency together. When a professional has engaged in acting in an unprofessional manner, he or she may be negligent. This may involve a duty of care owed to clients or customers. Any breach of this duty that causes injury could lead to the payment of damages to the victim of the incident. Sometimes these situations occur due to professional misconduct. Other times, the conduct is part of negligence actions. These circumstances generally end in some form of injury that harms the client or customer enough that litigation occurs.
The Conduct of a Professional
Whether the professional is the owner of a company, an employee or an individual person outside of a commercial business, he or she may engage in inappropriate behavior. These actions may lead to the person becoming a victim of injury or various forms of damage. Any trauma or physical harm sustained through this misconduct usually leads to litigation when it is extensive enough that compensation is necessary for recovery. Because these cases may contain confusing evidence or information that needs decoding, an expert is usually part of the proceedings with scientific or professional testimony. This usually increases the chances the plaintiff needs for possible success through informing the courtroom of specific pieces of information.
Linking the Conduct or Negligence to Injury
While some actions easily show how professional misconduct or negligence led to the injury, there are other situations that require the use of an expert. The expert witness attached to these claims may need to demonstrate how the behavior of the professional involved is either harassment or discrimination. Some situations involve emotional or psychological trauma, and others include problems where a breach of duty occurs. Negligence in a duty of care or in safety could also lead to injury. Any of these instances may lead to civil litigation. Additionally, the professional may face administrative action where he or she may lose a professional license.
Linking the conduct or negligence that the victim sustains to the actual injury is confusing for some. This is the primary reason a witness is often hired for these circumstances. He or she is able to analyze the situation and explain the details to the courtroom so that the details are less confusing and understandable. Then, through visual aids or videos to help, the expert may show demonstrations of certain unprofessional conduct. Negligence is easier to explain, but some assistance through photos or video may detail these events better to the courtroom. Working with the lawyer, the expert may increase the awareness of the judge or jury in these matters.
The Established Link
A breach of duty that causes injury is usually negligence in some form. When the professional connected to the claim is unable to or cannot perform his or her professional duties, his or her conduct may involve negligence in ensuring the duty of care to a client, customer or beneficiary of services. An expert witness may establish this link the courtroom or create a report that details how the link exists. By clarifying further information and unraveling confusion, he or she may inform the judge or jury well enough that the defendant is understood as liable for damages. There are often other circumstances involved, but once the link establishes the responsible party, it is possible to progress through the case.
Expert Testimony in Negligence and Conduct Injuries
The expert may need to explain the actions of the professional or connect negligence that lead to injury to the defendant. However, once the link in known, it is then time to explain what compensation is necessary for a full recovery from the incident. Often, professional misconduct or negligence in professional matters require therapy or an economic repayment. Conduct in harassment or discrimination may resolve through hiring the person or paying him or her for the loss of monetary benefits.
The expert attached to these claims may need to explain multiple aspects of the evidence and incident. Through linking the professional to the incident, he or she is able to apprise the judge or jury so that a deliberation is well-informed.
Read more on this legal issueExpert Witness in Personal Injury Cases
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.