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.

The court generally ask these individuals ask about the severity of an injury, associated benefits, care costs, loss of income and sanity. Whereas, when it comes to copyright laws related to art, music or other areas, experts can also provide testimony with regards to property and intellectual laws.

Tribunals and judges can call upon these individuals and others for information related to mental, physical and technical evaluations. After which, the court generally shares the information with the court so that a judge or jury can rule appropriately at the end of the case. It should also be noted that the witness and information provided is often considered equal to other data in the case. As such, the information is often considered evidence when compared with other parties related to the case.

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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