Law Degree Journal

Many of us are familiar courtroom dramas and films which, by and large, have create a throng of armchair forensic specialists. In the real world however, where the consequences of courtroom outcomes could literally mean life or death for an individual, it pays to have credible experts take the stand to lend their opinions.

It can therefore not be understated that expert witnesses play a significant role in modern day courtroom justice. Although eye witness testimony is still significant, it too can be overruled when pertinent, indisputable facts emerge due to the testimony of professional expert witnesses.

This means that the credentials of an expert witness, like a doctor, CSI expert or scientist are beyond important in the legal forums.

Why Expert Witness Credentials Matter

There are many reasons why one should take an expert witnesses background into account. For example, amateur or novice specialists will not have as much hands-on time in the field as a seasoned veteran. Although the greenhorn will possess some knowledge, there are certain things that can only be learned through time spent out in the field.

Other reasons why professional expert witnesses should have impeccable credentials include, but are not limited to:

- The ability to place evidence in perspective. Family members and defendants will be emotional during a trial. Some will have much at stake in regards to the outcome of the case. Expert witnesses with the proper certifications can take the emotional element out of the proceedings and present evidence in a clinical way. The more impressive the background of the expert, the more likely they will sway the opinions of decision makers who can make or break your case.

- They can set the bar for future court cases. Forensic pioneers and those who have devised ingenious new ways to test evidence, or paved the way for medical science to make the job of determining pertinent facts easier on lawmakers and jurors can affect the judicial process as a whole. DNA evidence is a case in point. Since its advent it has been used to secure convictions and release the innocent. Professionals in this realm can thereby help educate a jury and aid them in making informed, reasonable decisions.

- Expert witnesses are more prepared. Someone who is unfamiliar with the courtroom process or with the subject matter at hand will not appear confident or capable, two things that will sell their version of events to people who are trying to ascertain the facts. Experienced specialists will know how to present their arguments in a way that doesn’t alienate the jurors as well.

These considerations are extremely important when trying to select professional expert witnesses who can potentially strengthen your case.

Defining the Reliability of an Expert Witness

An expert witness should, by their education, reputation and skill level, be able to lend a qualifying voice to courtroom proceedings that helps juror make informed decisions. They should also deliver their opinions in a concise way that won’t lose the interest of those who are trying to make sense of the information provided.

This makes the role of the expert witness invaluable, which is why, when it comes to your court case, the credentials of the expert witnesses should be the first thing you look at before selecting someone to represent you or a client in court.

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When you’re dealing with substantial claims, perhaps for a fire or flood that has gutted a business, you may well want to source a claims consultant. These professionals are used to handling claims of all sizes and helping to ensure the very best possible outcome for their clients following damage or theft of property and contents.

The claims consultants’ role is almost as an intermediary, providing a dialogue between the insurance company and the claimants. They are able to deal with the case and guide you through the various procedures to ensure a smooth and amicable outcome.

The reason why a claims consultant should only be used on larger projects is that their services will come at a price. Whilst a consultant can provide good value and save you huge amounts of time and secure an adequate payout, it is a process that smaller claims may not quite see the full benefit of.

A claims consultant will really come into their own where there is added complexity or some kind of legal protocol to follow. Flooding is often one such situation where there are grey areas which can exist and help may be required to push through any claims you have, including damage and loss of business. Major fires can also often take some sifting through in order to determine the true extent of cost for property, contents and any other possible claims.

Business interruption is one area where a claims consultant can really take the lead and ensure you receive full compensation; whatever the reason behind your business suffering temporary closure or limited output. Dealing with this yourself can be extremely confusing. Even if you use other legal channels there’s every chance you’ll end up paying more and not getting the same service you could from a well-versed claims consultant. In an area where specific expertise is a significant advantage, it’s always best to go to the professionals who have the hands-on experience and knowledge to handle such a case.

The primary reason for involving a claims consultant is to deal with all of the mitigation and provide a little expert opinion. Insurance claims can be a far from linear process. There are often numerous claims and counter-claims, with disputes in value arising with regularity. Insurance companies aren’t often in the habit of leaving major claims uncontested and certainly won’t be looking to payout any more than is strictly necessary. This is why having somebody on hand who can deal with the process and ensure that you receive the compensation that you deserve is absolutely essential.

Of course, this service won’t be for everyone. If you’ve got your own in-house legal team or are just dealing with a small personal claim, there probably isn’t much of a need for a professional claims consultant. In more complex and larger claims, a consultant will almost invariably pay for themselves both in terms of swiftness and financial reimbursement.

There are all kinds of situations where we need to make an insurance claim. Whilst nobody ever wants to have to face up to this prospect, understanding your options should the situation arise is crucial. If you want the best possible professional advice and an agreeable solution, then you may well want to consider hiring in a claims consultant.

Derek Rogers is a freelance writer who represents a number of UK businesses. For Loss Assessors and Claim Consultants, he recommends Morgan Clark.

If you’ve suffered damage to your property as a result of a fire, it can be a very traumatic and unpleasant experience. Whilst insurance can’t replace the irreplaceable, it is one way of ensuring you’re covered for the expense and some of the loss. However, some people are still unsure of how exactly they can about making a claim with their insurance company and what rights they have.

As with any claim, the first step is to notify the broker or company who handles your home and contents insurance and inform them of the damage. The sooner this is done, the quicker the process should be. Whether for a large business or a family home, it can take time to assess the damage and see a claim through, so it’s best that you have a contingency plan in place to ensure that you suffer the least possible inconvenience during this arbitration.

Structural damage is clearly more of an issue than localised scorches and burns. If the building has suffered collapses or has been weakened by an intensive blaze, you’ll need to ensure that everything is secured immediately; you may need to discuss this with your insurance company as they may have preferred contractors or other certain requirements.

To help assessors and the insurance company you can also produce an inventory of the property that has been damaged or destroyed. This will give you a better idea of what you can expect from your claim as well as something to pass on to those who are doing the assessment. Being as honest and open with yourself and your insurers can prevent any unnecessary distress or time-wastage.

Whilst always honest, the loss adjuster is employed by the insurance company to provide a fair quote that reflects the actual damage incurred. This can sometimes be a little less than some people hope for, so it’s often best to keep expectations down to a minimum. Insurance companies are there to help, but of course, as with any other industry, aren’t prone to giving away more than is strictly necessary when it comes to dealing with claims.

Throughout the investigation you may be required to provide additional information to help smooth along the process and make. Whilst this can be hard, it is an essential part of determining the cause and damage that you’re claiming for; more often than not, insurance companies are extremely understanding and will do everything possible to reduce the stress and anxiety of the whole process.

While we all hope that this never happens to us, preparing for the worst can save you a lot of heartache and upheaval in the future. Having somewhere you can go for example is one way for you to continue living life normally whilst work is carried out in the case of a severe fire. Read through your insurance documentation too. This will give you an idea of exactly what you can expect and what to do when claiming. Each insurer is slightly different, so there is no single golden rule to follow unfortunately.

With businesses who are making a commercial fire insurance claim a contingency plan can be just as, if not more important. In the case of a building being completely gutted by fire damage, you’ll need to have a framework in place that will allow you to continue trading in some capacity, as well as the ability to swiftly deal with the fire insurance claim.

Prevention still remains the best cure. But if you suffer some unavoidable fire damage to your property, don’t panic. Get in touch with your insurers as soon as possible and begin rebuilding once more.

Derek Rogers is a freelance writer who represents a number of UK businesses. For Loss Assessors and Claim Consultants, he recommends Morgan Clark.

Creating a last will and testament is one of those tasks we know we should do but keep putting off. The reasons behind this reluctance are obvious – after all none of us yearns to face our own mortality, and making out a will is certainly not a pleasant task.

Even so it is important for each individual to take the time to create a final will and testament. This important document is vital to protecting your family and your assets in the event of an untimely death. Creating a will is absolutely essential when there are minor children involved, but it is a very important document even for those with no dependents.

If you doubt the importance of creating a final will and testament just consider the many advantages this vital document can provide:

1. A will protects your family in their time of need. No one likes to make financial decisions during a time of grief, and having a will in place will help ensure your family does not have to endure this trauma. When you create a will you relieve your family of an additional burden during a very stressful time.

2. A will lets you specify who will be the guardian of your minor children. There are many valid reasons for creating a will, but guardianship of the children is undoubtedly the most important. If you fail to create a will your children could end up in legal limbo while a suitable guardian is found. By having a will you make your wishes clear and relieve your children of this type of uncertainty.

3. Having a will is a great way to head off family disputes and prevent legal battles down the road. No matter how stable your family conflicts are bound to arise from time to time. When money is involved those disputes can quickly turn bitter, perhaps causing irreparable harm to family harmony. When you create a will you can specify which assets are to be passed on and to whom, thereby heading off these kinds of disputes before they can cause any damage.

4. Having a will in place will make the legal process go much more smoothly. When a death occurs there are always some legal issues that must be ironed out, but having a will in place makes the legal process much easier and much faster. Having a will in place also means your family will not have to spend their time and energy wrangling over legal issues.

5. Having a will in place is a great way to protect your family home or business. The family home or business may not automatically go to your next of kin, so it is important to protect those you love with a will. By specifying how your assets are to be distributed you can ensure your final wishes are carried out.

6. A will lets you specify how your assets are to be distributed. The proper distribution of assets is an important part of your legacy, so make sure your legacy is protected by a will. Without a will your relatives may not know who is entitled to which assets, and bitter family feuds can be the result. When you spell it all out in a will every member of the family will know where he or she stands and you will have the satisfaction of knowing that your assets are being distributed fairly.

There are many excellent reasons to have a will in place, and it is important for every individual to take the time to prepare this important document. Whether you are 20 years old or 80 years old it is never too early or too late to create your last will and testament. While it may be an unpleasant task in the end your family will be glad you took the time to show how much you care.

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Suffering a serious injury is something we generally don’t want to think about. However, should the worst happen and you’ve been involved in an accident that wasn’t your fault, where do you turn?

Fortunately your options aren’t limited. There are dozens of reputable law firms offering specialist personal injury services; helping thousands of people get the compensation they deserve each and every year. Many of these also offer genuine ‘no win, no fee policies’, which ensures that you aren’t liable for any of the expense of the claim or your personal injury attorney.

So whether you’ve been injured at work, in a vehicular collision or any other situation where negligence of another individual or company is to blame, then don’t hesitate in getting legal help. Choosing a solicitor for your claim is down to personal preference. As previously mentioned, there are certainly no shortages of options available so feel free to shop around. Get some advice and don’t be afraid to talk to a few different law firms to see which suits your individual needs best.

Word of mouth is a very powerful tool when searching for anything; but this is particularly true when it comes to something as important as personal injury law. If you know of anybody that has been through the process of claiming then find out their opinion first. Genuine experiences, both good and bad are a vital part of coming to your own informed decision.

It shouldn’t be forgotten that there are also a number of impartial free services available that may also be able to provide further assistance in choosing a personal injury attorney. The Citizen’s Advice Bureau is a particularly popular first port of call for many claimants. Dotted throughout the country, they’re incredibly accessible and will be able to provide an unbiased opinion on your claim and who you might consider using to handle it.

If you’re looking to do a little sleuthing yourself, then the Internet provides a very useful resource. Most major law firms have an online presence, so before you sign up to anything you can find out exactly what they do and whether their services will suit your claim. Go through a few of the major sites, take a look at the The Association of Personal Injury Lawyers (APIL) page and really get to grips with exactly what it is that is involved in claiming.

Making a claim with a dedicated personal injury lawyer should be a simple and stress-free experience. Many provide services that will ensure that you are inconvenienced to the least possible extent. This includes doing correspondence over the phone, email and if you prefer, face-to-face as well. Whilst you may be required to do a medical in certain circumstances, most of the actual action is done remotely by the personal injury attorney in charge of your case. It’s extremely rare that you’ll have to foot a surprise bill, law firms usually get paid from the defendant or the associated insurance brokerage.

However, you need to make sure that your claim really is a valid one first. Many times the lawyer’s acting on your behalf will analyse it first and then make a decision on whether it’s worth continuing for a full claim. But don’t be discouraged, any injury, illness or accident that has occurred through the fault of another in the past three years is worth investigating. Find yourself a lawyer that you can trust and who will work to your requirements and then allow them to do all of the hard work on your behalf.

Derek Rogers is a freelance writer who writes for a number of UK businesses. For the very best Personal Injury Lawyers and Mis-sold Loan Specialists he recommends Fair Judgement.