Pain is a common symptom that Springfield auto accident attorneys must explain in depth to the jury. However, defendants may retain expert witnesses who attempt to downplay the significance of the victim’s pain. One way that Springfield auto accident attorneys help to counteract expert testimony is to attack the method relied on by the expert.
Making the Challenge
The defendant’s expert witness may concede that it is possible that your condition can cause pain. Additionally, he or she may agree that different people experience pain differently.
After making these important concessions, the plaintiff’s lawyer may then focus questions on the expert witness’ particular argument. Your lawyer may question the defense witness about whether he or she used pain scales. These scales are important measures of the intensity of pain that patients experience. Medical personnel commonly use them to determine how effective treatment is.
If the expert witness did not utilize pain scales, your personal injury lawyer might ask the witness several follow-up questions. For example, your personal injury lawyer may ask how the witness concluded that the patient’s pain level was excessive without using pain scales. He or she may ask if the expert witness used another method of evaluating the plaintiff’s pain.
If the expert witness says that he or she did use pain scales, your lawyer may ask about which type of scale that was used. He or she may also ask about the witness’ knowledge regarding their reliability or lack thereof. He or she may also ask the expert witness to provide in-depth details about how the scales are used. This information can help the jury see the weaknesses in the witness’ stance.
If you would like more information about how to challenge the expert witness’ testimony regarding pain, contact a Springfield auto accident lawyer at McCarthy Rowden & Baker.