Discovering A Traumatic Brain Injury Expert Witness

By Deborah Long


Throughout life, there are many aspects which can effect thought and behavior. If an individual has an injury due to an accident, fall or an attack, it can often lead to brain damage. In most of these cases, the individual will either pursue a civil or criminal trial in which a Traumatic Brain Injury Expert Witness can often be helpful.

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.

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.

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.

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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