The role of an expert witness in California in a vocational return to work counseling firm is vital. Its importance has only increased with time, and this trend would likely continue in the future. If you want to know what role an expert witness plays in vocational return to work counseling firm and how they help people return to work after an injury, accident, or incident, then read on. Here we have mentioned all the relevant details.
Who is an Expert Witness?
Let’s start with the basics. An expert witness is a person who is called on to testify in relevant matters at local, state, or federal court. People get the expert witness status based on factors like primary education, experience, writing and research. The person must also have to have a license and must be certified by the state. Usually, the expert will also have a graduate degree in psychology or counseling in addition to the certifications and required licensure. Once an attorney at court has deemed someone an expert, the opposing side might stipulate the expert status.
How an Expert Witness Helps Clients?
The role of an expert witness is increasing with time in not just a vocational return to work counseling firm where Best Vocational Counselors in California work but also in helping change the clients’ lives. An expert witness can help clients in many ways. A few of those options are listed here.
An expert witness can testify about the financial matters like the vocational earning capacity of the client. They will do mathematics based on the current work of a client and calculate future earnings as precisely as possible. It will help them to testify how a client’s injury impacts their financial future
An expert witness can also help by testifying about the nature of a client’s disability (if one exists). They can speak about how the accident or incident negatively impacted the clients’ ability to perform their job and how a disability might prevent them from performing some job functions.
Both these can help the court to help decide what financial assistance or aid a client might need in the future.
It must be noted here that an expert witness will usually testify in a series of hypotheticals that will be based on a client’s documented injuries. For instance, if a client cannot lift specific weights as they used to in the job before the injury, the expert witness would mention that to the court and mention how this limitation stops a client from doing a job they did successfully in the past.
In some cases, the expert witness can also help the court understand the client’s work history and transferrable skills.
All these eventually help a client argue that they have lost wages due to the accident or incident and deserve the lost wages settlement they seek as per the letter of the law.
Why Expert Witnesses are Needed?
The role of an expert witness is increasing with time. An expert witness has the knowledge that a court or jury needs to decide an injured worker’s fate. The knowledge is usually psychological, technical, medical, or related to any other specialty. It is the job of an expert witness to translate the knowledge in simple terms from technical jargon so that more and more people can have access to it.
For instance, if an injured worker is unable to perform certain tasks like lifting specific weights due to an injury or disability, the court needs to know about it to ensure that the person is not forced to do that on the job and gets enough financial assistance that helps in avoiding workplace that has jobs of such nature only.
In essence, the expert witnesses bridge the gap between the courts and the person who was injured on the job and tell the courts exactly why their demand for financial and other aids is justified. Hence, it’s vital for a person working as an expert witness in a vocational return to work firm to possess a solid knowledge base in their area of expertise. An added on the job experience will also be quite beneficial.
Another key thing to remember is that an expert witness should have a solid sense of ethics that helps them determine what is right and what is wrong. An expert witness must always be impartial and share the truth in front of the court or jury. The opinion of the expert witness should not be swayed based on emotions and other influences. They should be firm in what they say and must never change their opinions or fact-based statements. It shouldn’t matter whether they are working for the plaintiff, defendant, or government (court or jury).
Sometimes, they also need to evaluate the testimonies, deposition or evidence given by other experts. The evaluation of clients is also necessary in some cases. An attorney can ask the expert witness to step away from a case if they think that an expert witness will not help the clients. Still, the expert witness should not favor the attorneys and be honest with their opinions.
It is also essential to know that the opposite attorney or expert witness might find weaknesses in an expert witness’ testimony or question them extensively. In such a situation, the expert witness should be honest, truthful, and never take back a statement. If an expert witness doesn’t know an answer, they should just say I don’t know instead of guessing.
Where to Find an Expert Witness in a Vocational Return to Work Firm?
Now that you know the role played by an expert witness in a vocational return to work firm and in strengthening a case, you might want to connect with one. If so, you would be smart to connect with the team of Laura M. Wilson & Associates Inc. We can help with expert witness declaration in California. We are aware of all California expert witness rules.
To talk to an expert witness in California who is experienced, qualified, certified, and ethical, call us toll-free on (800) 531-5608.