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The Role of Expert Witnesses in Missouri Personal Injury Cases

The Role of Expert Witnesses in Missouri Personal Injury CasesWhen you’re hurt in an accident in Missouri, proving your case isn’t always simple. Sometimes injuries are complex. Sometimes the cause isn’t obvious. That’s where expert witnesses come in.

These professionals bring specialized knowledge to your case. They explain technical details that judges and juries need to understand. In many personal injury claims, expert testimony can make the difference between winning and losing.

At SK Law, we’ve worked with expert witnesses for decades to obtain maximum compensation for our clients. Our team, led by attorneys Nathan A. Steimel and Joseph R. Kuhl, along with semi-retired founding member Michael P. Shea, has more than 100 years of combined legal experience. We know how to find the right experts and use their testimony to build winning cases.

What Is an Expert Witness?

An expert witness is someone with special training or experience in a specific field. They testify about technical matters that most people don’t understand.

Missouri law defines expert witnesses clearly. Under Missouri Revised Statutes (RSMo) section 490.065, a person can serve as an expert if they have “knowledge, skill, experience, training, or education” in their field.

The law requires expert testimony to meet five standards:

  1. The expert must be qualified in their field.
  2. Their knowledge must help the judge or jury understand the evidence.
  3. Their testimony must be based on real facts or data.
  4. Their methods must be reliable.
  5. They must properly apply those methods to your case.

Missouri adopted these stricter standards in 2017. The changes brought Missouri in line with federal Daubert standards. This means expert testimony must be scientifically sound and reliable.

Types of Expert Witnesses in Personal Injury Cases

Different cases need different experts. Here are the most common types:

Medical Experts

Doctors and surgeons explain your injuries. They testify about:

  • How the accident caused your injuries
  • What treatment you need now
  • What medical care you’ll need in the future
  • Whether you’ll have permanent limitations
  • How your injuries affect your daily life.

For instance, an orthopedic surgeon might explain why you need multiple surgeries after a car crash. A neurologist could describe how a brain injury will affect you long-term.

Accident Reconstruction Experts

These specialists recreate accidents in a controlled environment to analyze and show how it happened. They use evidence such as:

  • Skid marks
  • Vehicle damage
  • Crash data recorders
  • Physics calculations
  • Computer simulations.

Accident reconstructionists are often experts in engineering and forensic science. They help prove who was at fault. This expertise is valuable in Missouri, where thousands of crashes occur each year. According to the Missouri State Highway Patrol, in 2023, nearly a thousand people were killed and over 50,000 others injured in traffic crashes in the state. Many involve disputed facts about what happened.

Economic Experts

Economists calculate your financial losses. They determine:

  • Lost wages from missing work
  • Future earning capacity
  • Cost of future medical treatment
  • Value of lost benefits
  • Impact of inflation on future costs.

For example, if you can’t return to your job, an economist shows exactly how much income you’ll lose over your lifetime.

Life Care Planners

These experts map out long-term care needs and are especially crucial when injuries are severe. Life care planners can testify about:

  • Future medical treatments
  • Home modifications needed
  • Medical equipment costs
  • Personal care requirements
  • Therapy and rehabilitation.

Vocational Experts

These professionals analyze how injuries affect your ability to work. They evaluate:

  • Your work skills and education
  • Job opportunities available to you
  • How injuries limit your options
  • Retraining possibilities
  • Earning capacity changes.

Mental Health Experts

Psychologists and psychiatrists testify about the mental or emotional effects of the accident. Examples are:

  • Post-traumatic stress disorder (PTSD)
  • Depression and anxiety
  • How trauma affects daily life
  • Treatment needed for recovery
  • Long-term psychological impacts.

Why Expert Witnesses Matter in Missouri Cases

Expert testimony strengthens personal injury cases in several key ways.

Proving Causation

You must prove the accident caused your injuries. This isn’t always obvious, especially when the other party can argue that you’re simply suffering from a pre-existing condition unrelated to the accident. Medical experts explain the connection between the accident and your current condition.

Missouri follows pure comparative negligence under RSMo section 537.765. You can recover damages even if you’re partially at fault, but your compensation decreases by your fault percentage. Expert testimony helps minimize your assigned fault.

Establishing Future Damages

Current medical bills are easy to prove. Future costs are harder. Missouri law allows recovery for future medical expenses and lost wages, but you need experts to show what those costs will be.

Without expert testimony, juries struggle to assign value to future needs. A life care planner’s detailed report makes these costs real and concrete.

Meeting Legal Requirements

Some Missouri cases require expert testimony by law. For example, medical malpractice claims need experts to show:

  • The standard of care
  • How the provider breached that standard
  • How the breach caused harm.

Under RSMo section 538.225, you must file an Affidavit of Qualified Health Care Provider. This confirms a medical expert reviewed your case and supports your claim.

Countering Defense Experts

Insurance companies hire their own defense experts who often downplay injuries or dispute causation. Having your own qualified experts levels the playing field.

Our attorneys at SK Law know how to challenge defense experts. We examine their methods and credentials. We expose bias and flawed reasoning.

Improving Settlement Negotiations

Strong expert testimony increases settlement value. Insurance companies take cases more seriously when credible experts support your claims. They know a jury will find expert testimony persuasive.

Many Missouri personal injury cases settle before trial. According to legal data, 95% of personal injury cases settle. Expert reports often drive these settlements.

How Expert Witnesses Strengthen Your Case Value

Real numbers show the impact of expert testimony. Traffic crashes alone create significant injury claims. The National Highway Traffic Safety Administration reports that 39,345 people died in traffic crashes in 2024. Many more suffered serious injuries. In Missouri, the Missouri State Highway Patrol tracks crash data showing thousands of injury crashes annually. Each injury claim benefits from proper expert testimony.

Consider these settlement examples:

  • A slip and fall victim received $99,000 for pain, suffering, and medical expenses
  • A back injury case settled for $689,000
  • A jury awarded $1.2 million for an arm injury at a retail store.

These cases settlement amounts are possible because expert witnesses explained:

  • The severity of injuries
  • How accidents caused the harm
  • What future treatment costs
  • How injuries affect earning ability.

Finding and Working with Expert Witnesses

Not all experts are equal. Quality matters. Missouri courts scrutinize expert qualifications carefully.

Selecting the Right Expert

We look for experts with:

  • Strong credentials and education
  • Relevant experience in their field
  • Clear communication skills
  • No bias or credibility issues
  • Familiarity with Missouri legal standards.

The expert must translate complex information into simple terms. Juries need to understand technical concepts.

Timing Matters

We identify experts early in cases. This gives time for:

  • Thorough case review
  • Complete report preparation
  • Deposition testimony
  • Trial preparation.

Under Missouri’s discovery rules (Rule 56.01), we must disclose experts to the other side. We provide:

  • The expert’s name and qualifications
  • The subject matter of their testimony
  • A summary of their opinions

Expert Costs

Expert witnesses charge fees for their work and time. Costs include:

  • Initial case review
  • Report preparation
  • Deposition time
  • Trial testimony
  • Travel expenses

At SK Law, we discuss these costs upfront with you, discussing in transparent terms the crucial expert testimony needed in your case. In successful cases, expert fees are worth the investment. They often multiply your recovery amount.

Common Challenges with Expert Testimony

Insurance companies attack expert testimony. They try to exclude it or reduce its impact through challenges such as:

Qualification Challenges

Defense lawyers question expert credentials. They argue the expert lacks proper experience or training.

Missouri courts give trial judges discretion on expert qualifications. The judge acts as a “gatekeeper” under RSMo section 490.065. We at SK Law ensure our experts have solid credentials that withstand scrutiny.

Methodology Attacks

Defense teams often challenge expert methods, claiming that the specialist:

  • Used unreliable techniques
  • Relied on insufficient data
  • Made speculative conclusions
  • Didn’t follow accepted standards.

We work only with experts who use scientifically sound methods. Their opinions must be based on reliable principles properly applied.

Bias Claims

Insurance companies suggest experts are “hired guns.” They point to:

  • How much the expert get paid
  • How often they testify for plaintiffs
  • Whether they always reach the same conclusions.

At SK Law, we select experts with strong reputations for objectivity. Their opinions must stand on merit, not bias.

How SK Law Uses Expert Witnesses

Our approach combines experience with strategy.

Early Case Evaluation

We assess whether your case needs expert testimony. Not every case requires experts, but when they’re needed, we identify the right specialists quickly.

Building Your Case

We work closely with experts to build strong claims. This includes:

  • Providing complete medical records
  • Sharing accident investigation reports
  • Explaining key facts and issues
  • Reviewing expert reports carefully
  • Preparing experts for depositions and trial.

Protecting Your Interests

We challenge weak defense experts. We file motions to exclude unreliable testimony. We cross-examine defense witnesses effectively.

Our attorneys Nathan A. Steimel and Joseph R. Kuhl have earned AV Preeminent ratings from Martindale-Hubbell. This is the highest recognition for legal ability and ethics. Michael P. Shea’s decades of experience guide our approach to complex cases.

At SK Law, we’ve served Missouri families since 1984. We handle personal injury cases throughout St. Charles, Lincoln, St. Louis, and Warren counties. We also represent clients from Illinois.

Real Results from SK Law

Our firm has recovered substantial compensation for injured clients across various types of cases: car accidents, motorcycle crashes, slips-and-falls, work injuries, and more.

These results came from thorough case preparation. We used expert witnesses to prove:

  • The full extent of injuries
  • How accidents occurred
  • What future care costs
  • How injuries affect our clients’ lives

Don’t let insurance companies minimize your injuries. Don’t accept low settlement offers without understanding your case’s full value. Work with us at SK Law 

Contact SK Law for Your Missouri Personal Injury Case

If you’re injured in Missouri and choose SK Law to represent you, we bring on expert witnesses who can strengthen your case. They explain complex injuries. They prove future costs. They counter insurance company arguments. All these, combined with our attorneys’ skilled legal advocacy, make for a solid personal injury claim.

Call SK Law today at (636) 946-9999 for a free consultation. We’ll evaluate your case and explain how expert witnesses can help. We work on a contingency basis for personal injury cases, meaning you pay nothing unless we win.

Our office is located at 400 North Fifth Street, Suite 200, St. Charles, MO 63301. We’re ready to fight for the compensation you deserve.

The clock is ticking on your case. Contact us now to protect your rights and maximize your recovery.

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SK Law serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.