Personal injury cases in Oklahoma can be complex and require the input of various experts to provide evidence necessary for litigation. One such expert is the vocational expert. In this article, we will discuss what personal injury cases are, what a vocational expert is, and their role in Oklahoma personal injury cases.
Table of Contents
Understanding Personal Injury Cases in Oklahoma
Personal injury cases are legal disputes that arise when an individual suffers harm from an accident or injury caused by the negligence of another party. Personal injury cases in Oklahoma can include slip and fall accidents, car accidents, medical malpractice, among others.
The aim of filing a personal injury case is to recover compensation for the damages or losses the victim suffered as a result of the accident or injury. Such damages can include medical bills, lost wages, and sometimes, pain and suffering.
When a personal injury case is filed, the court needs to determine who is liable for the victim’s damages and how much compensation is owed. To do this, the court will rely on evidence such as eyewitness testimonies, medical records, and expert reports.
What Is a Vocational Expert?
A vocational expert is an expert witness whose role is to evaluate an individual’s ability to work following an injury. Vocational experts assess the victim’s functional capacity post-injury and determine if they can return to their former job or if they need special accommodations.
In personal injury cases, vocational experts are essential in determining the victim’s lost earning capacity. A vocational expert’s assessment of the victim’s ability to work and earn provides evidence that can be used in court to determine the amount of compensation the victim is entitled to when pursuing a personal injury claim.
The Role of a Vocational Expert in Oklahoma Personal Injury Cases
The role of a vocational expert in Oklahoma personal injury cases is vast and can be broken down into the following:
Pre-Trial Evaluation
Before the trial begins, the vocational expert performs a pre-trial evaluation of the victim’s ability to work. This evaluation involves a series of tests and assessments to evaluate the victim’s functional capacity post-injury.
Assessment of Lost Earning Capacity
After evaluating the victim’s functional capacity, the vocational expert determines the victim’s lost earning capacity. The lost earning capacity is the amount the victim would have earned had it not been for their injuries. This figure forms the basis of compensation in many personal injury cases.
Documentation and Testimony
The vocational expert provides a written report documenting their findings and conclusions. This report will be submitted to the court and served to the opposing party. The vocational expert may also be called to testify in court during the trial.
Rehabilitation and Re-employment Planning
Vocational experts play a significant role in rehabilitation and re-employment planning. They assess whether the victim can return to their former job and whether they need special accommodations to do so. If the victim cannot return to their former job, the vocational expert assists in identifying new job prospects consistent with the victim’s functional capacity.
Conclusion
Vocational experts’ input is invaluable in personal injury cases. Their assessments of the victim’s ability to work and lost earning capacity provide crucial evidence that can be used to determine the compensation owed to victims. If you have been involved in a personal injury case in Oklahoma, consider hiring a vocational expert to ensure your lost earning capacity is appropriately evaluated and accurately reflected in your claim.