The primary objective of both parties (plaintiff and defendant or defendant’s insurer) is to settle a claim through negotiation. The majority of the ‘tort’ claims are settled through negotiation between a plaintiff’s attorney and defendant’s attorney or insurance adjuster during mediation. Not all tort claims can be settled through negotiation. The insurance companies always try to devalue a claim and some insurance companies may refuse to pay sufficient compensatory damages to a victim or plaintiff for their losses. In this scenario, a Boca Raton injury lawyer may file a lawsuit against a defendant’s insurer. A lawsuit may continue for months and winning a lawsuit is harder than settling a ‘tort’ claim through negotiation. However, an experienced lawyer can determine the right time to file a lawsuit.
A Boca Raton injury attorney is going to file a lawsuit if there is strong possibility of securing a positive verdict. In personal injury lawsuits, the burden of proof remains upon plaintiffs. Therefore, a victim has to prove that an accident has resulted from defendant’s negligence or intentional misconduct and a victim has suffered from injuries due to the accident. A personal injury lawyer may use different pieces of evidence to prove these points. However, it may be necessary to hire experts from different fields of profession and use their testimony to prove different points during a lawsuit. These experts are known as expert witnesses. It’s also possible for a defendant’s attorney to hire experts from different fields of profession similar to a plaintiff’s attorney in order to disprove a plaintiff’s claims.
Some of the expert witnesses can be categorized as ‘damage experts’ and some of them can be categorized as ‘liability experts’. The testimony of these experts can be used by a Boca Raton injury lawyer to prove the liability of an individual or entity for an accident and plaintiff’s injuries. It’s possible to use the testimony of a ‘liability’ expert to prove if a defendant acted within a standard of care. Thus, testimony of liability experts can be used in used in two different scenarios.
A Boca Raton injury attorney may use the testimony of damage experts to prove the extent of damages. The testimonies of different healthcare professionals can be used to prove the nature of a victim’s injuries and their impact on a victim’s physical strength or state of mind. It’s also possible to use the testimony of ‘damage’ experts to prove the causation of injuries.
The experts from different fields of profession may work as liability experts or damage experts. A Boca Raton injury lawyer may use the testimony of mechanical engineers during a lawsuit resulting from a traffic accident. They have the expertise to reconstruct the scene of an accident. In accidents caused by defective products, testimony of the experts in designing and engineering of similar type of products can be hired as ‘liability’ experts. For more information visit here: Drucker Law Offices