Traumatic Brain Injury Expert Witness Job Description

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.

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.

The testimony provided by these individuals are considered expert opinions rather than facts. As this is the case, the information is often rebutted and challenged on a regular basis. For this reason, it is important that those working in this role provide as much documentation, proof and research as possible to the court 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 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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