New Jersey Injury Attorneys Take You Behind the Scenes of Expert Defense Witnesses in NJ Injury Cases
Jersey Justice Podcast Episode 4 Show Notes: New Jersey Injury Attorneys Take You Behind the Scenes of Expert Defense Witnesses in NJ Injury Cases
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In episode 4 of Jersey Justice podcast, Gerald H. Clark and Mark W. Morris of Clark Law Firm P.C. take you behind the scenes of understanding defense expert witnesses and the concept of expert testimony in personal and workplace injury cases.
Jerry and Mark shared that expert witnesses are needed when the subject matter of the case is beyond the understanding of an average juror. They conveyed that in New Jersey, an expert witness can be qualified through training or practice, and that they don’t have to have first-hand knowledge of the case.
The Importance of Selecting the Right Type of Expert Witness for a Case
In episode 4 of Jersey Justice Podcast, Mark and Jerry discussed the importance of understanding the different types of expert witnesses and how to select the right one for a given case. Mark noted that medical experts often rely on hearsay to form their opinions.
When it comes to personal injury cases, liability and damage experts are often needed to give accurate and reliable information. For damages, an expert is usually required when it’s a verbal threshold case depending on the type of injuries. For liability, an expert is needed for specific types of cases.
In this episode, Jerry also shared that when it comes to personal injury cases, insurance companies typically don’t want to pay out claims and will look for any way to pay out as little as possible. Understanding the different types of expert witnesses and how to select the right one for an injury case is essential for a positive outcome.
Insurance Companies Hire Doctors to Help Minimize the Injuries of Injured People
Insurance companies are set up to prevent paying out claims and they have a list of doctors to call upon that attempt to minimize the injuries of an injured party.
For example, if someone has a spinal injury from a car crash, the insurance doctor will testify that it is a pre-existing injury not caused by the crash. This means that the plaintiff must prove that the injury is permanent and caused by the crash to try to obtain a settlement for their client.
Insurance companies have a lot of money and may hire defense experts to testify in court. They request the injured plaintiff to get a defense medical exam and what happens is that the doctor typically minimizes or downplays the injuries or states it may have been a pre-existing condition. This makes it difficult for plaintiffs in court cases to win a settlement from the insurance companies.
Defense Lawyers and Insurance Companies Will Try to Downplay the Injuries
Jerry and Mark had an enlightening conversation about how insurance companies will often try to downplay the seriousness of an injury and pay doctors and encourage them to provide ridiculous testimony.
They also discussed how the defense doctor will often claim that the subjective complaints of pain don’t match up with the objective findings (another way of saying that the plaintiff is lying or faking their injury).
Jerry and Mark stated that it is rare to have clients who are faking or malingering their injuries.
Timestamps of Episode 4 of Jersey Justice Podcast: Demystifying the Role of Defense Expert Witnesses in New Jersey Injury Cases
0:00:01
Episode 4: Understanding Expert Witnesses and the Art of Testimony
0:03:45
Understanding the Different Types of Expert Witnesses and How to Pick the Right One for a Personal Injury Case
0:05:10
Insurance Companies and the Medical Field: An Overview of the Challenges Faced by Doctors and Plaintiffs in Insurance Cases
0:08:12
Examining the Role of Defense Doctors in Personal Injury Cases
0:09:52
Expert Testimony in Personal Injury Cases
0:11:32
Analysis of Liability in Injury Cases: Examining the Role of Defense Medical Exams and Subjective Complaints.
0:13:24
Conversation on Professional Testifiers and Insurance Companies
0:15:53
Exploring the Use of Defense Doctors in Personal Injury Cases
0:20:09
Exploring the Benefits of Having a Nurse Present During Medical Examinations
0:23:01
Heading: Behind the Scenes of Critical Medical Expert Witnesses in Personal Injury Cases
0:24:39
Discussion of Deceptive Practices in New Jersey Medical Examinations
0:26:36
The Role of Defense Experts in Personal Injury Cases
0:33:02
Litigation Strategies and Researching Defense Experts
0:36:21
Cross-Examining Expert Witnesses: Using Transcripts, Jury Verdict Research, and Recorded Exams to Expose Doctors
0:38:23
The Benefits of Hiring a Trial Attorney Who Is Not Afraid to Take Risks
0:42:51
Strategies for Successful Litigation: A Discussion on Lawyers, Witnesses, and Preparation
0:44:43
Money as Speech: The Role of Jurors in Awarding Damages
0:45:57
Navigating Legal Issues and Awarding Full Compensation
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