In cases involving catastrophic injuries, two types of remarkable individuals play a crucial role as expert witnesses: quantum experts and liability experts. These professionals provide their opinions to the judge, shedding light on the impact of the injury and determining who or what may be at fault.
When it comes to identifying liability, there's no need for you to undergo an assessment by an expert witness. Instead, they will meticulously review all the files, reports, and notes associated with your injury, including medical records to construct their expert opinion and create a comprehensive report based on their findings.
When it comes to assessing quantum, an expert witness will directly evaluate your case. Usually, this evaluation takes place face-to-face, allowing for a more personal connection.
However, in certain circumstances, such as if you're located outside of the UK, the assessment may take place over the phone. Regardless of the format, the expert witness will ensure that your needs and circumstances are thoroughly understood.
Following the assessment, the expert witness will compile a detailed report which will serve as a valuable resource and will be provided to either your claimant or defendant solicitor and/or insurer. It outlines their expert analysis, findings, and recommendations, offering vital insights to support your case.
The Assessment: What to Expect
Before the assessment, the expert witness dedicated to your case will have already researched and familiarised themselves with the details of your situation. They will come prepared with a set of thoughtfully crafted questions designed to gather the necessary information to complete their report. Your input during this stage is incredibly valuable, so we encourage you to provide as much detail as possible.
The questions asked during the assessment revolve around understanding the impact the injury has had on your everyday life. Additionally, when relevant, they may inquire about your life before the injury to gain a comprehensive understanding of the changes you have experienced. These insights allow the expert witness to truly grasp the extent to which the injury has affected you and provide a thorough analysis in their report.
During the assessment, the expert witness may also observe your movement and functionality. This helps them gain a deeper understanding of how the injury may be impacting your ability to live life to its fullest. While it's fine to have a close family member or friend present during the assessment if you wish, the expert witness will ensure that the attention remains centred on your experiences and requirements.
The Assessment: Next Steps
Once the assessment has concluded, the dedicated expert witness will embark on the important task of crafting their report. This report serves as a comprehensive document, providing valuable insights and analysis of your case.
The report undergoes a meticulous quality assurance process to ensure accuracy and completeness. During this phase, the expert witness may collaborate closely with the solicitor and/or insurer, reaching out to them to clarify key points or gather any additional evidence that may enhance the report's thoroughness. Their aim is to ensure that all relevant information is included, painting a comprehensive picture of your situation.
In their commitment to delivering a comprehensive report, the expert witness may also conduct further research, which might involve exploring specific equipment or adaptations that could be beneficial for your circumstances. By delving into these details, the expert witness ensures that appropriate costs associated with such equipment or adaptations are considered and included in the report.
Every effort is made to ensure that the report is accurate, reliable, and reflective of your unique needs and circumstances. We understand the significance of this document and its impact on your case and therefore strive to maintain open lines of communication and meticulous attention to detail throughout the process.
Follow Up: Will You Meet Again?
Once the report has been submitted, it is unlikely that you will have further direct contact with the expert witness, unless their presence is requested by the court to provide in-person testimony during the trial. However, in certain cases, particularly those involving children, the expert witness may be called upon at specific milestones as the child develops into adulthood.
While you may not have face-to-face encounters, please know that the expert witness will continue to be actively involved in your case. They will remain available to address any questions or concerns that arise from either legal party as the case progresses. Their expertise and insights are valuable resources throughout the legal proceedings.
There may be instances where the expert witness is requested to attend a conference with legal counsel, either in person or over the phone, depending on the circumstances. The purpose of these conferences is to facilitate discussion and provide clarifications if needed, ensuring that the legal process moves forward smoothly.