Environmental Engineer Expert Witness For Your Case

Environmental engineer expert post by Sam C.

Over the last few years there has been an increased appreciation of the effect that our actions are having on the environment. The international effort has made the struggle against climate change very public, with numerous summits, conferences and legislative enactments in order to try and regulate uniformly the environmental standards that need to be adhered to if we are to enjoy living on a healthy planet for many years to come. In spite of these efforts, there are some people who will breach the legislation believing that no repercussions will come to them. The real problem is that much of this legislation can be quite complex and difficult for people to understand. As a result, prosecutions may be quite rare and even when they do arise, the evidential difficulties in analysing the climatic effect of the activities may act as something of a bar to any success.

It is in this sort of situation that an environmental engineer is a vitally important component in ensuring success during the trial. These are generally environmental scientists that are affiliated to educational establishments and are therefore specialists in the field. They will be able to assist the case in many different ways.

The first way is through simple consultation. Before you bring a case you want to make sure that there is a realistic chance of success. Trials are very expensive; you need to pay for your lawyers, for the court time and there may be all manner of further costs that arise at times. You only want to be doing this if you are sure that you have a chance of success. The expert witness will be able to put all of his expertise to the test in order to ensure that you have an accurate estimation of your chances.

Yet, knowing that you have a chance of success is one thing; actually getting the success is another. Your lawyer needs to have at least some understanding of the case if he is to present the information in the most effective way, but what we tend to forget is that our well educated lawyers are almost certainly as much a novice as we are when it comes to complicated environmental matters. The litigation support provided by the environmental engineer expert witness will ensure that he has sufficient understanding of the topic to be able to present it in a convincing manner. When you add in the fact that the expert witness will also be able to provide testimony during the trial, it becomes obvious how important they are.

Environmental Engineer Expert Witness For Your Case

Environmental Impact Studies Expert Witnesses

Environmental impact expert post by Sam C.

We are always looking to decrease the size of our carbon footprint. It has become apparent over the last couple of decades that the way we used to live did very little for the sustainability of the planet. It also became very clear that the way we treated the natural world was incredibly poor. Destroying huge swathes of woodland in order to build factories that spewed out harmful and toxic chemicals could hardly be said to have looked after wildlife, and it wasn’t long before various animal protection groups were established and began campaigning to try and prevent extinctions of species that would no doubt have ensued…thus impacting our environment severely.

In response to this, legislation and ordnances were enacted in order to set standards that regulated the type of activities and the sheer quantity of pollutants that could be emitted on certain patches of land. The idea behind this was to force the hand of the companies and make them resort to more renewable sources of energy instead of the traditional fuels of coal and oil. Unfortunately, all it has done is to encourage them to do exactly what they always have done, just in a more covert fashion. Rather than spewing out a large quantity of pollution at one time, they will let it out in more regular fashion and dispose of it in many different ways that can still cause a lot of harm to the environment. This is notoriously difficult to prove in evidence; the only way that you can be sure is by taking an assessment of the surrounding area and then making an educated assumption about why the environmental health has deteriorated.

For this sort of information, you need somebody that has compiled years worth of data and is a specialist in determining the effect of pollution on the environment. This is the domain of the environmental impact studies expert witness. They are usually university professors who have many qualifications and have conducted much research into the field of the environment. They will provide the relevant data and their conclusions in relation to it in order that you have something substantive to base a claim on. They will also come to court on the day of the trial and provide testimony that will allow your lawyer to draw on their expertise and state your claim much more effectively. The litigation support that they will provide is vitally important if you are to succeed in your claim.

Environmental Impact Studies Expert Witnesses

Environmental Medicine Experts For A Legal Case

environmental medicine expert post by: Sam C.

There has historically been many beliefs that a person’s health is intrinsically linked to the environment. In the past, it was somewhat unscientific; the prevailing view was that illness was caused by bad smells (which explains why the majority of medicines of the time were predominately herb based and ‘administered’ by inhalation. However, once understanding of the human body began to grow, so the opinion that health was linked to the environment began to decline; it was bacteria that caused us to be ill instead.

In more modern times, there has been a resurgence of the traditional view, with a more scientific approach to make it more plausible. Once such view is that the depleting ozone layer is contributing to an increase in the rates of skin cancer; the environment being a cause of a decline in human health. More pertinent is the increasing desire to resort to nuclear power to replace the traditional fossil fuels. Nuclear power stations are usually incredibly safe, but they have the potential to be devastating. The radioactive materials are incredibly carcinogenic if they are mismanaged, and the disaster in Chernobyl shows just how awful the effects can be.

Such incidents are very rare and it is highly unlikely that it will happen again. However, there is a great fear as to the long term effects of living nearby a nuclear power station. We are always exposed to radiation naturally in the atmosphere. By living near a nuclear power station you are greatly increasing the level of exposure to radiation that you receive from the environment. This means there is a greater chance of falling ill.

If you do come to some harm as a result of environmental radiation, it is well worth visiting an environmental medicine expert witness. The important task that they can perform is in determining whether your injuries could have been avoided. The expert witness will assess your circumstances; look at all the various potential sources of the injury and come to a determination as to the root cause. If this is negligence, particularly negligence within the nuclear power station, then you will have a vital piece of evidence to support your claim in court. The expert witness will also provide testimony, either in written or oral form, during the trial. Without this, you would be left having to bring a claim in the hope of being able to eventually prove negligence; this is inadvisable and makes it much less likely that you will succeed. Contacting an environmental medicine expert witness will greatly increase your chances of receiving adequate compensation for the injuries that were not your fault.

Environmental Medicine Experts For A Legal Case

Is A Geriatrics Expert Witness Necessary?

post by Sam C.

The legal system places much in store on its credibility and indefeasibility. To the layman looking in, the court must appear to be infallible; ensuring that justice is done whilst taking into account any mitigating circumstances, for justice is about fair punishment rather than retribution. It is because of this that a number of pleas negating mens rea have developed, some examples being insanity and diminished capacity.

The problem is particularly acute as we get older. Many elderly people suffer from various forms of dementia, and it is very important that the court has this in mind throughout the trial. Take, for example, a situation where a case hinges upon the testament of an elderly person who is suffering an advanced form of dementia. If great weight is placed upon this evidence it is very possible that the decision will always be seen as somewhat unsafe, for the conviction may be based upon evidence given by somebody whose account may be in doubt. Similarly, if a person with dementia commits a crime and is forced to enter a plea the case may be seen as unsafe, for a person who is not laboring under the ailment may be able to construct a case and defend themselves in a much more effective way. The law depends upon the confidence of the public, and unsafe convictions do much to undermine this confidence.

It is therefore essential that geriatrics expert witness is consulted in any case that involves an elderly person. This should really be a precursor to the actual trial, particularly where the case involves the elderly person as the defendant, for the court needs to know before any plea is entered whether the person involved has the capacity to enter such a plea. If the expert witness decides that they cannot, the court has a number of options open to it, ranging from allowing them to walk free to detaining them in a mental health hospital. Where the elderly person is giving evidence, it is also important to gain the advice of a geriatrics expert witness as soon as possible; the last thing that you want is to put a large emphasis on the evidence of a person who is later found to be incapable of giving such evidence.

Of course, not all elderly people suffer from dementia but it is much better to be safe rather than sorry. More importantly, the geriatrics expert witness reinforces the credibility of the legal system, which is, in itself, an essential endeavor.

Is A Geriatrics Expert Witness Necessary?

Using A General Surgery Expert Witness For Your Court Case

post by Sam C.

When we go under the knife, we are quite literally putting our life in somebody else’s hands. We therefore expect a certain standard of care to be adhered to. Surgeons train for years in order to ensure that they do not make mistakes, for a mistake can leave lasting, sometimes fatal effects upon the unfortunate patient.

Yet, as in any profession relying on the skill of an individual, there is a risk of human error, and even the best trained physicians are prone to making mistakes every now and again. The problem is that a mistake in surgery can have both immediate and long term consequences. Not only can it leave you unable to attend work for a period of time, it can also seriously harm your chances of finding alternative employment. This can seriously affect your lifestyle if you do not receive adequate compensation.

This is not to say that every injury suffered during surgery is due to the fault of the surgeon. We cannot be sure how the body will react to the shock of the operation and the surgeon may be simply be responding to an emergency. If this is the case, then the surgeon is clearly not at fault, for he has evaded what could have been an even more severe incident. If, however, the complications have been caused by the surgeon then it is clear that you should be able to be compensated for the incident.

This is where a general surgery expert witness is key. Such an expert knows in detail the procedures that the reasonable surgeon should take and can outline whether the injury suffered was owing to conduct falling below the standard that could be reasonably expected of the surgeon. This information is vitally important if you are to launch a claim based upon the negligence of the surgeon during the surgery. It may also be very important for claims on your insurance, for the terms of your policy may depend upon whether the injury suffered was caused by the surgeon, or whether there were supervening causes.

Attorneys are very well adept at dealing with medical negligence cases, but they cannot win a case unless they can convince the court that the injuries suffered were negligently caused. Without a general surgery expert witness, the case can only be based upon speculation which is very unconvincing. The expert evidence can go a long way to ensuring that you are not made to suffer for injuries that were not your fault.

Using A General Surgery Expert Witness For Your Court Case

GPS Tracking Experts For Litigation

post by Sam C.

In days gone by the alibi was very easy to formulate fictitiously. All that was needed were a few friends who would be willing to lie under oath and say that you were with them at the time of the alleged offence. In an age where religious skepticism is rising, the power of the oath, which is intrinsically linked to a belief in eternal damnation, is necessarily weakened. It would seem very easy, therefore, to create an alibi that allows you to evade justice.

However, what must also be remembered is that we live in an age of technology and this technology is a vital part of any police investigation. GPS tracking enables the police to see the precise locations that an individual’s car has been at various times; information that can easily be used to pull apart any prospective alibi. However, with any technology it is important to ensure that the information is as accurate as possible, and whilst many people may be competent to use a satellite navigation system this may not be enough to convince a jury that you are using the GPS system correctly.

The GPS tracking expert witness will therefore add the necessary expertise and accuracy that you require to make your case fit together. Suppose, for example, that you are wanting to track a vehicle not just in one place at one time, but as it travels upon a particular route. A layman, when confronted by the amount of information that this requires, will be unable to work this out. The expert witness, however, will know exactly what to do and will be capable of producing a very detailed map of where the car had travelled and at what time. A jury, when confronted with evidence of this type, will more than likely be swayed to your way of thinking, rather than believing the alibi that has been concocted.

Technology moves at a very fast pace and it is vitally important that the police are able to utilize it as much as possible. They would be unable to become experts in their own right; they have far too much other work to do. It is essential that the police use an expert witness wherever they are relying on some form of technology, for not only will the expert witness provide much more complete evidence, they will also provide the required credibility to make this evidence conclusive.

GPS Tracking Experts For Litigation

Gynecology Expert Witnesses For A Tough Case

post by: Sam C.

There are notoriously few convictions for sexual assaults. The reasons for this link together and create a vicious circle; people do not report the offence so very few convictions arise. Very few convictions make people less confident in the system and less likely to come forward when such an assault has occurred. The circle needs to be broken in some place, and the logical area to target must be the number of convictions, for once convictions rise the confidence in the system will increase and more people will come forward with their allegations.

How, therefore, can this be achieved? Sexual assaults are very difficult to prove, as it often comes down to one person’s word against another’s; whilst the DNA of the alleged offender can often be extracted, the claim that the act was consensual coupled with the stigma attached to the offences (and therefore the burden of proof required to convict being much higher) means that a jury is very difficult to persuade. It is very important to ensure that you have a watertight case to put before the jury in order to ensure that justice is done.

The evidence of the gynecology expert witness can therefore make or break a claim. Generally, they are medical professionals that have specialized in gynecology and are trained to diagnose problems with the genital area. With such knowledge, they are able to give an assessment as to whether the sexual act appears to have been forced upon the individual or not; they can do this by examining the area and seeing whether there is evidence of injury. This, when considered alongside evidence of other physical injury that often accompanies any sexual assault, can be conclusive evidence that breaks the stalemate between the two conflicting accounts of what happened.

Of course, this is not an infallible science, and the nature of such attacks varies so widely that some cases may slip through the net. However, individuals should not be discouraged from coming forward with claims of sexual assault and should, for the expert evidence can be obtained. Although it is a distressing time, the individual should endeavor to obtain an assessment from a gynecology expert witness as soon as possible after the attack in order to ensure that there is more evidence than simply a statement. This would hopefully help people to regain confidence in the legal system. More importantly, however, this could be the evidence that ensures justice is done.

Gynecology Expert Witnesses For A Tough Case

Litigation and Using Intellectual Property Experts

post by Sam C.

As technology and ingenuity grows, so the desire for legal protection increases. When you create a new substance or mechanism, you are potentially in possession of the next big thing that could revolutionize the world. In terms of your business prospects, you stand in much greater stead if you have sole rights over the item, as you are able to play the whole field whilst marketing it, rather than having to compete with other, potentially cheaper versions out there. The last thing that you want to happen is for somebody to find out about how to manufacture the product at a lower price and then undercut you. After all the hard work you have put into developing it, you need to make sure that you are adequately protected against those who seek to copy you.

It is for this reason that people seek to gain patent rights or copyrights over the product as soon as it has been fully tested. As a result of this, you are given a bona fide legal right that can be enforced against anybody trying to steal your idea. The problem, however, is that this is a fairly recent area of litigation; although intellectual property has been around in some form for hundreds of years it is only with the technology boom that it has been thrust into the limelight. As a result, many people are still very unsure as to how and when they can claim a breach of their rights has occurred; there may be similar, although not identical, products being produced, and you naturally want to know if you have a claim against them.

In such situations, it is very important that you consult an intellectual property expert witness. They are at the forefront of the field and are experienced in many different types of copyright claims. They are able to point out the most important similarities between the patented product and the ‘copy’ and outline whether you have a reasonable chance of success when bringing your claim. This is a very important weapon to have in your arsenal; intellectual property claims can become very expensive and most are settled out of court. If you have a statement from an intellectual property expert that outlines your chances of success in the claim, you will have an incredibly influential bargaining chip. Why risk losing out on your innovation when expert help is at hand?

Litigation and Using Intellectual Property Experts

Becoming An Insurance Expert Witness

post by Sam C.

There are so many things that could go wrong in life. Whether you are going on holiday, driving a car or even just purchasing items to keep at home, there is always a risk that some unforeseen event will occur that will result in you losing out. We need protection against such events, and it is because of this that we insure most of the things that we do or purchase. This gives us something of a buffer; we do not lose out as a result of the accident because the insurance company will pay out and cover the cost of the damage. This would make it seem as though the problem has been solved.

However, things are rarely that simple. There are many insurance companies that are very reluctant to pay out on accidents, pointing to obscure technicalities in the documents that you signed. They assume that the layman does not understand most of the legal jargon within the contract and therefore, whenever there is any ambiguity in the document, they will decide that your insurance does not cover the event that occurred.

We therefore need somebody who is skilled in dealing with such situations in order to ensure that we receive the money that we are entitled to. This is the time that we turn to an insurance expert witness. These are people who have dealt with cases involving contracts and understand all the technical language that seems to elude us. They are aware of precedents, (the ways in which the court has interpreted similar provisions in the past), and can therefore inform us as to whether we are entitled to any money. Indeed, they may even have worked within an insurance company, so know how others in the field have interpreted the same terms. This is vitally important if you are looking to launch a claim against the insurance company who refuses to pay out, as it will reassure you that you are entitled to the money that is being withheld.

Remember that insurance is big business, and businesses become wealthy by retaining as much money as they can. They rely on people simply accepting their word at face value and not pursuing it further. If you want to make sure that you are receiving the protection that you believed you were signing up to, make sure you consult an insurance expert witness whenever anything untoward happens; you don’t want to miss out on a claim that you are entitled to make.

Becoming An Insurance Expert Witness

Manufacturing and Manufacturing Processes Expert Witnesses

post by Sam C.

There are many cases brought each year for injuries or damage caused by a defective product. Indeed some of the landmark cases in legal history have been based upon such cases; any lawyer who has an understanding of civil claims will be familiar with Mr. Justice Cardozo’s judgment in the case of MacPherson v Buick Motor Company, in which the famous neighbor principle was first outlined. These cases are incredibly important in ensuring that proper recompense is paid to those who suffer loss as a result of faulty merchandise; some will recall the recent problems that Maclaren had with the defective prams that they had sold, which had caused injuries to a number of children. It would have been a real injustice had the company not agreed to compensate the victims.

The problem with such cases is really one of a lack of evidence. This occurs on two levels. The first is in determining where it was that the product became defective; it is often very difficult to tell whether it was during the manufacturing process, or whether there was some issue in transit or in the store that damaged an otherwise faultless product. The second is in determining whether there is a valid claim in the first place. You cannot win a claim simply by being injured; you have to show that the manufacturer has failed to take reasonable care during the manufacturing process. To a layman, it can be almost impossible to prove this, for it boils down to one person’s word as against another’s and, in such situations, the court will tend to side with the accused.

A manufacturing processes expert witness can provide the vital piece of evidence that you need to tip the balance in your favor. Many are trained engineers or have worked in industry and know full well the standard that must be adhered to by the manufacturer. They are able to assess the product that has caused the injury and give an estimation as to how the defect was caused. This can be useful before claiming to determine who the claim should be brought against, and is also vitally important during the trial; the expert witness can give a written or oral statement that will provide the extra strand of evidence that you need to build a coherent case. They will state the standard that should have been met and suggest that the defect would not have occurred had reasonable care been taken.

You shouldn’t be made to suffer for loss resulting from a faulty manufacturing process. Be sure to contact a manufacturing process expert witness to ensure that you have the strongest possible claim.

Manufacturing and Manufacturing Processes Expert Witnesses