Omaha Wrongful Death Lawyer Explains How Expert Testimony Helps in Nebraska Wrongful Death Cases
No amount of money can ever compensate for a life, but a wrongful death lawsuit could help your family recover financially and seek justice for your loved one's passing.
Unfortunately, wrongful death cases are rarely easy. You will need to prove that the defendant caused your loved one’s death and the value of damages.
Expert witnesses may help you build a strong case, but choosing the right type of witness is critical. We invite you to read more to learn about the critical role expert testimony plays in wrongful death claims and to contact the Law Office of Matthew A. Lathrop today to schedule a free initial consultation to discuss your potential claim.
What Do Expert Witnesses Do in Wrongful Death Cases?
Expert witnesses have specialized knowledge, experience, or training in a particular field. In a wrongful death lawsuit, expert witnesses help the judge and jury understand and interpret complex types of evidence.
Expert witnesses typically provide expert testimony on issues including, but not limited to, the following:
Explaining Evidence
Many wrongful death claims rely on scientific evidence that isn’t easy for laypeople to understand. However, expert witnesses can often explain complicated concepts in a way that makes sense to insurance adjusters, judges, and juries.
Proving Causation
You must prove that the defendant’s negligence was the direct or proximal cause of the deceased person’s death before you can recover damages in a Nebraska wrongful death lawsuit. This is sometimes easier said than done, especially if there are unanswered questions about liability or contributory negligence. Expert witnesses can help put an end to debate by:
- Reconstructing an accident
- Analyzing risk factors
- Determining causation
- Providing insight on liability
Assessing Damages
The legal term for compensation awarded in a wrongful death lawsuit is “damages.”
Your damages depend on a wide range of factors. The most common categories of damages in wrongful death claims include, but are not limited to, the following:
- Funeral and burial expenses
- The deceased person’s accident-related medical expenses
- The deceased person’s lost income
- Loss of familial services, companionship, and support
Some damages, like lost income from work, can be complicated to calculate, but an expert witness could use rigorous economic and mathematical tools to assess a family’s long-term financial losses.
Different Types of Expert Witnesses in a Wrongful Death Lawsuit
Expert witnesses play a critical role in many wrongful death claims, but they must be qualified to offer an “expert” opinion in their field. Nebraska law sets high standards for what makes an expert an expert. For this reason, expert witnesses are often highly trained professionals with extensive experience in very technical fields.
Some of the most common types of expert witnesses used in wrongful death claims include:
- Medical experts. Medical expert witnesses are typically hired to obtain or explain information about the deceased person’s accident-related injuries, up to and including their cause of death. A medical expert could be a coroner, a doctor, a nurse, or other qualified person.
- Accident reconstruction experts. An accident reconstruction expert can break down and analyze the causes of a car crash, a motorcycle collision, or even an amusement park accident. Most of these experts have advanced degrees in specific fields.
- Economic experts. Economic experts help families determine how much a wrongful death has cost them, both with respect to their existing losses and their long-term financial outlook.
- Vocational experts. If the decedent had a promising career, a college degree, or was expected to receive a promotion at work, a vocational expert can help answer questions about how much money the deceased person would have earned had they survived their injuries.
- Mental health experts. Mental health professionals can offer insight as to how an accident affects surviving family members. Their expert testimony may be a prerequisite to securing certain types of noneconomic damages.
Your lawyer will help you decide whether you need an expert witness or witnesses for your wrongful death claim.