WITNESSES AT TRIAL

Witnesses at Trial

Introduction

It is well known that accidents are the leading cause of death in the United States. Wrongful deaths are entirely due to negligence on the part of any other person or institution. As an heir of person who died in wrongful death, his family has the right to sue for wrongful death.

The victim's wife, if died person was the only surviving member and cared for children and their parents financially, she can sue for compensation of his husband's death. Sometimes juries make to compensate for the heir to the financial support that the deceased can be identified if he or she will be alive. The claim can cover funeral costs, medical costs and other monetary benefits that the heirs would have received from the deceased. (Brown, 2002)

Motor vehicle wrongful death

A death caused by the negligence or misconduct of any other person, entity or company is referred as wrongful death. A “motor vehicle wrongful death” is a wrongful death caused due to negligence in misconduct or mishandling of motor vehicle or all things which are in range of the definition of motor vehicle.

In order to bring a successful wrongful death cause of action, the following elements must be present:

The decease

Another's carelessness, or with objective to reason damage;

Family members suffering financial damage as a consequence of the decease, and;

Appointment of a private diplomat for the decedent's assets.

Substance of testimony

Damage to the Vehicle

Jurors expect to know that the physician can logically connect the care to the patient's injuries. To do that credibly, it is immensely helpful to actually see the damaged vehicle, particularly if it is available in the parking lot, or there are photographs of the vehicle available from the patient's attorney. Based on the doctor's training and a thorough patient history, reasonable explanations of the causation of injuries can be derived.

Pre-Existing Physical Condition

There is no excuse for taking an inaccurate history. A bad or shallow history can be a graveyard to the doctor's credibility. Simply asking staff or giving the patient a form to complete will not always glean accurate preexisting conditions. A common insurance attack is to show that the patient has had neck and back complaints long before the accident in question. Omission of prior problems makes the doctor look suspicious. To avoid this error, the doctor should discuss the patients preexisting history directly with the patient. (Lawrence, 2008)

The doctor should note:

1. Any prior hospitalizations at any time in patient's life.

2. Any prior vehicle or worker's injury claims.

3. A list of any physicians seen in the prior 5 years.

4. The reasons for the present visit.

Explaining to the patient that the Insurance Company already has this information will help to inspire the patient to be thorough.

One expert witness

The expert witness will be called when medical malpractice occurs. Medical malpractice occurs when a doctor, surgeon or other medical provider licensed acts in a negligent manner, causing injury or death of a ...