Expert Witnesses

January 10, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Expert witnesses are a common part of many car accident claims, and now there is a spotlight being shone on the bias that some bring to the courtroom. The Association of Victims for Accident Insurance Reform is a

 ‘grassroots not-for-profit organization of MVA victims who have been injured in motor vehicle collisions and who have struggled with the current auto insurance system in Ontario”

The group is now raising awareness of the practices of some ‘expert’ witnesses who seem to have a bias towards the insurance companies that hire them. The National Post featured one of their member stories this month.

Ms. Liese Bruff McArthur was left with chronic pain, depression, PTSD and other ailments after being hit from the rear several years ago. She was suing the insurance company for benefits when she was examined under an Insurers Examination by a psychiatrist who spend 75 minutes evaluating her. When his testimony was given in court last year the psychiatrist suggested that her symptoms were faked and the jury awarded a minimum amount.

The judge, however, took issue with the testimony and castigated the psychiatrist for the biased evidence given. The judge suggested that the evidence was invented and that the psychologist was simply operating under the guise of being a medical expert when in fact, they were not. Subsequent judges cited the case last year as an example of invented testimony, citing that many ‘experts’ were not credible. Medical examiners are supposed to be independent and above sway of the people/company paying them. Without the appearance of independence, the system lacks credibility.

Personal injury lawyers have complained for some time about ‘expert witness’ testimony that seems to carry the bias of the insurance company. Some Medical examiners have even been criticized for acting as advocates for the insurers, testifying in areas that are out of their expertise. What this means for claimants is that their costs escalate quickly. They may need to hire experts themselves to support their existing medical findings. The costs all pile up on the premium payers of the province as well. On an individual level, bias testimony can increase pain and suffering for the injured party, and destroy their lives financially. A biased expert witness can be a cause for the miscarriage of justice.

There are many expert medical professionals that testify for both insurers and personal injury lawyers, and most are honourable professionals, and they should be treated with respect. Biased ones, however, should be stripped of their expert credentials and be barred from testifying in court.

This is a huge business in Canada. Expert remuneration is very good. According to the Insurance Bureau of Canada, the average expert testimony costs $10,700 and the average settlement was $9,700  per claim in 2011 in Ontario.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.