Expert Evidence Can Make a Difference to Your Personal Injury Claim
Building a strong claim requires more than legal expertise.
DSC Attorneys has access to an extensive network of leading medical, medico-legal, financial and other specialists who can provide expert evidence on injuries, their consequences and the losses involved.
We identify the expertise appropriate to your circumstances and obtain independent expert opinions to help establish your claim. An expert instructed in a claim owes a duty to the court to give an objective, impartial opinion, whatever the outcome for the party who appointed them.
Medical and medico-legal experts
Medical evidence can be central to a personal injury claim. Depending on the circumstances, we may consult medical specialists to establish the nature and severity of an injury, its cause, prognosis and likely long-term consequences.
These may include:
- Orthopaedic surgeons – assess injuries to bones, joints, muscles and other parts of the musculoskeletal system, including their likely long-term effects.
- Neurosurgeons and neurologists – assess injuries and conditions affecting the brain, spinal cord and nervous system.
- Plastic and reconstructive surgeons – assess serious scarring, disfigurement and other injuries that may require reconstructive treatment.
- Psychiatrists, psychologists and neuropsychologists – assess psychological, emotional and cognitive consequences of injury and their effects on functioning and quality of life.
- Speech-language therapists – assess communication, swallowing and related difficulties associated with certain injuries.
- Other medical specialists – depending on the nature of the injury and the issues involved, we may obtain opinions from other appropriately qualified specialists.
In Road Accident Fund claims, medical evidence also determines whether you can claim general damages for pain and suffering. A medical practitioner registered in terms of the Health Professions Act must assess your injuries and complete a serious injury assessment report, known as the RAF 4 form, either by rating whole person impairment or by applying the narrative test.
In medical malpractice claims, independent medical experts play a vital role in establishing whether the treatment provided met the accepted standard of care and whether a failure to meet that standard caused or contributed to the injury.
For more details, see our article on why it’s important to choose malpractice attorneys with established access to medical experts, or read more about our medical malpractice claims service.
Experts who assess the impact of injury
An injury can affect far more than a person’s physical health. It may affect their ability to work, earn an income, live independently and participate in everyday life.
We may therefore consult experts such as:
- Industrial psychologists – assess the impact of an injury on employability, career prospects and earning capacity, including how a person’s career might have progressed if the injury had not occurred.
- Occupational therapists – assess how an injury affects everyday activities and work-related functioning, and identify rehabilitation, adaptations or assistive devices that may be needed.
- Rehabilitation professionals, such as physiotherapists and biokineticists – where appropriate, assess rehabilitation needs and the support required to maximise a person’s functioning and independence.
- Nursing and case management experts – where injuries are severe or catastrophic, set out the future care, equipment and support a person is likely to need, often in the form of a life care plan.
The medical and medico-legal experts described above also contribute to this picture. Psychological, emotional and cognitive consequences often bear directly on a person’s independence, relationships and ability to work.
Financial and economic experts
The financial consequences of an injury may extend well into the future. Specialist financial evidence can help ensure that these losses are properly assessed and calculated.
Depending on the circumstances, we may consult:
- Actuaries – calculate past and future financial losses, including loss of earnings or earning capacity, future expenses and, where relevant, loss of support. These calculations draw on the medical and industrial psychology evidence, and allow for factors such as inflation, life expectancy and normal career uncertainties.
- Forensic accountants – examine financial records and help quantify losses where a claim involves self-employment, business interests or more complex financial circumstances.
- Other financial or business experts – where specialist input is needed to assess the financial consequences of an injury or other loss.
Technical and other specialist experts
Not every personal injury claim turns solely on medical evidence. Expert input may also be needed to establish how an accident or incident occurred, whether particular conditions contributed to it, or who may be responsible.
Depending on the circumstances, this may include:
- Accident reconstruction experts – analyse available evidence, such as vehicle damage, collision dynamics and other relevant information, to help establish how an accident occurred.
- Engineers and technical experts – assess vehicles, equipment, buildings, structures or other physical factors that may have contributed to an injury.
- Road and transport safety experts – where relevant, assess road layout, signage, traffic controls and other safety factors.
- Other specialist experts – depending on the circumstances, appropriately qualified experts may be consulted to address specific technical, environmental or factual issues.
The right experts for the right claim
There is no standard set of experts for every personal injury claim. The evidence required depends on the circumstances of the incident, the injuries suffered, the issues in dispute and the losses involved.
At DSC Attorneys, our experienced personal injury lawyers assess what expert evidence is needed and draw on our established network of medical, medico-legal, financial and other specialists to help build a comprehensive claim.
If you or a loved one has suffered an injury and believe someone else may be responsible, contact DSC Attorneys to discuss your circumstances. We can assess your potential claim, explain your options and advise you on the way forward.
