What are “Experts” in a Missouri Personal Injury Case – and Why Do They Matter?
About the Author
Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC routinely consults with expert witnesses to maximize the value and your ultimate recovery in your personal injury case.
Who is considered to be an expert witness & how do they influence Missouri personal injury cases?
If your injury claim has entered litigation, or even if you’ve just researched what happens after filing a lawsuit, you’ve probably heard your attorney mention “expert witnesses.” But what exactly is an expert in a Missouri personal injury case?
In simple terms, an expert is someone who knows far more about a specific subject than the average person and who has been permitted by the judge to explain that subject to a jury.
Missouri law defines an expert as ”a witness qualified as an expert by knowledge, skill, experience, training or education…” and who “may testify thereto in the form of an opinion or otherwise.” RSMo. § 490.065.1.
Expert witnesses are important in Missouri injury cases because they help explain and break down complex topics to a jury. Jurors are often everyday people. They typically are engineers, surgeons, trucking safety directors, or economists. Courts allow experts to bridge the gap between complex science and common understanding.
Before an expert can testify, the judge must decide whether the witness is qualified and whether their opinions are reliable. The defense will often challenge this, sometimes aggressively, because a strong expert can significantly strengthen an injury claim.
Why Experts Are Used in Missouri Personal Injury Cases
Expert witnesses are generally used for two major purposes: (1) proving fault (liability); and (2) proving harm (damages).
1. Proving Fault (Liability)
While sometimes fault is obvious (e.g. a rear-end collision where a car is stopped at a red traffic light on Grindstone Parkway in Columbia), other times it’s hotly contested (e.g., a T-bone collision involving a dispute as to which party had a green light at the intersection of Stadium Boulevard and West Broadway). In situations where fault is contested and not clear, an expert may be used to analyze evidence and explain what actually happened based on science, physics, or industry standards.
2. Proving Harm (Damages)
Even when fault has been established, insurance companies and defense attorneys often fight regarding the value of the case. Common arguments include that a plaintiff wasn’t hurt, wasn’t hurt that badly, had unnecessary treatment, was caused by a preexisting condition, etc. Medical and financial experts are used to show the true impact of an injury, both now and into the future.
Common Experts in Missouri Injury Cases
Accident Reconstructionists
Accident reconstructionists use physics, measurements, vehicle data, and damage patterns to determine how a crash occurred — speed, impact angles, braking, and visibility. Oftentimes, an accident reconstructionist will download the “black box” of the vehicles at issue to determine vehicle speed and braking data. Accident reconstructionists are often used in serious car crashes, commercial truck collisions, motorcycle accidents, and disputed fault cases.
Medical Doctors, Treating Physicians, and Lifecare Planners
Medical doctors may be asked to give their opinion in a personal injury case on medical issues of the plaintiff, including what injuries were sustained, whether the crash caused the injuries, future limitations, and the permanency of the injuries. Oftentimes, medical experts are the most important experts in a Missouri injury case. For serious injury cases, lifecare planners may be retained to project the future medical needs of the plaintiff, including what future surgeries, therapy, assistive devices, or home modification will be needed moving forward (and the costs of such).
Economists and Vocational Experts
Economists and vocational experts are typically used to calculate the financial loss sustained by a plaintiff due to the accident. These financial losses often include lost wages, reduced earning capacity, lost benefits, and future financial impacts.
Do All Missouri Personal Injury Cases Need Expert Witnesses?
No, many personal injury cases are resolved without the need for expert witnesses. Experts are expensive, often costing thousands of dollars apiece for their work reviewing the file, creating a report, and testifying. Because of that, your attorney must perform a cost-benefit analysis: “Will this expert meaningfully increase the value of the case beyond their cost?” Sometimes the answer is yes — and the expert dramatically increases the recovery. Other times, the case can be proven effectively without one. Choosing the right expert strategy is part of skilled case evaluation performed by your lawyer.
How Duckworth Injury Law Uses Expert Witnesses
At Duckworth Injury Law, we carefully evaluate every case to determine:
- Whether expert testimony is necessary
- What type of expert is appropriate
- Whether the cost adds meaningful value
- How to present the opinions clearly to a jury
Attorney EC Duckworth has handled hundreds of injury claims across Mid-Missouri and understands when expert involvement can substantially improve case outcomes — and when it won’t. Every injury case is different. Some cases require multiple experts, where others require none.
If you’ve been injured because of someone else’s negligence, it’s important to have your claim evaluated properly — before critical evidence is lost and before the insurance company defines your case for you. Contact Duckworth Injury Law today for a free consultation. Attorney EC Duckworth will help you understand your options and what your case truly requires.
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