Understand Your Rights. Solve Your Legal Problems
Imagine waking up in a hospital bed, unable to move your legs, a fog clouding your memory of how you got there. A car accident flashes through your mind, the jarring crunch of metal still ringing in your ears. Now, not only are you grappling with the terrifying prospect of paralysis or a traumatic brain injury, but you're thrust into a maze of insurance claim bureaucracy. Determining 'fault' may seem straightforward, yet obtaining the crucial compensation you'll need to rebuild your life becomes an entirely different battle. A personal injury lawyer in Mississippi can offer the best way to understand these complexities and fight for the full compensation you're entitled to.
After a serious accident, 'fault' seems straightforward: someone's actions directly caused your injuries. The other driver ran a red light, was texting while driving, or was under the influence. Logically, their insurance should cover your medical bills, lost wages, and other life-disrupting costs. Unfortunately, the process of securing fair financial compensation rarely reflects this simple idea of fault.
State laws have nuances – such as comparative negligence where some liability may be placed on you, impacting your payout.
You likely pay your insurance premiums on time, expecting those same companies to protect you in times of crisis. This misconception can prove exceptionally harmful after a devastating injury. Insurance companies are for-profit corporations. Their adjusters are trained to minimize costs and protect the company's bottom line – this often means offering quick, lowball settlements to injured individuals desperate for support.
Insurance companies may downplay the severity of your injuries, especially less 'visible' harms like brain traumas. Be wary of any pressure to accept an offer before fully understanding the long-term implications of your condition.
In the insurance game, solid evidence is the most valuable tool you have. Thorough documentation becomes even more crucial if you're dealing with life-altering conditions like paralysis or brain injury. Comprehensive medical records meticulously charting your injuries, treatments, and prognosis are the foundation of a strong claim. A skilled brain injury attorney in Jackson understands how to leverage these records to your advantage.
Beyond medical bills, demonstrating the full impact on your life is paramount. This includes lost income, both current and future, due to your inability to work. Additionally, the toll on your physical and emotional well-being and decreased quality of life all factor into fair compensation.
When facing a life-changing injury, understanding the breadth of potential compensation is key. It goes far beyond immediate medical bills:
● Medical Costs: Your claim should cover current medical expenses, including hospital stays, surgeries, rehabilitation, medications, in-home care, and more. Crucially, an experienced attorney can project future care needs, a vital factor in cases of paralysis or brain injury, helping to secure more adequate compensation.
● Lost Wages and Future Earning Capacity: Not only should you be compensated for income lost while recovering, but your claim needs to take into account any loss in earning potential due to your injuries. If you're unable to return to your previous job role or must work reduced hours, that diminished capacity holds an economic value.
● Pain and Suffering: This might seem less tangible, but the physical pain and emotional trauma of a severe injury significantly impact your well-being. Your compensation should include monetary damages for those hardships. A compassionate Mississippi car accident lawyer can work with you to appropriately evaluate this difficult-to-quantify aspect.
● Other Recoverable Damages: Depending on the specifics of your case, other losses may be relevant. Loss of consortium for a spouse dealing with your inability to participate in the relationship, property damage related to the accident, and other factors all become part of the negotiation.
Sadly, you can't count on insurance companies to automatically act in your best interest.
Many will employ tactics to deny or devalue your claim. This is where experienced legal representation from a paralysis attorney in Mississippi offers immense value. They act as your shield and advocate, preventing you from being pressured or manipulated by insurers.
Skilled negotiators understand the complex value of your case. They'll push back against lowball offers and build a compelling argument for the maximum compensation you deserve. Importantly, a lawyer is ready to take your case to trial if a fair settlement can't be reached, significantly increasing your leverage.
In the chaotic aftermath of a serious injury, knowing what steps to take can be overwhelming. Here's a starting point to safeguard your legal rights:
● Seek Immediate Medical Attention: Prioritize your health. Additionally, proper documentation of the link between the accident and your injuries is critical.
● Preserve Evidence: Photos of the accident scene, damaged vehicles, witness contact information, etc., play a major role later.
● Minimize Communication with Insurers: Refer any calls or contact attempts from insurance companies to your lawyer. Avoid agreeing to recorded statements or signing any waivers at this early stage.
● Understand the Time Factor: States have "statutes of limitations" on how long you have to file a personal injury claim.
While the concept of 'fault' after an accident may feel clear-cut, the path to securing the resources you need to rebuild a life following severe injury rarely is.
Insurance companies will fight to minimize their payouts, leaving you and your loved ones scrambling. Don't face this maze alone. Seek the support of a skilled personal injury lawyer. They specialize in handling these complex cases and are dedicated to fighting for your right to a brighter future.
Let the focus shift from fighting uphill battles to concentrating on your recovery. A compassionate legal team serves as your voice against powerful insurers, navigating the complexities, and helping you unlock the full compensation you deserve. The road ahead may be uncertain, but a dedicated legal advocate ensures you aren't lost in the insurance maze.
The legal complexities surrounding gun laws, which vary significantly from jurisdiction to jurisdiction, necessitate a strategic and informed approach. This article aims to guide individuals on the steps to take and considerations to remember when confronted with a gun charge.
Gun charges can range from misdemeanours, such as carrying a weapon without a permit, to felonies, including possession of a firearm by a convicted felon or use of a firearm in the commission of a crime. The severity of the charge often depends on the case's specific circumstances, such as the type of firearm, the individual's criminal history, and the presence of aggravating factors.
Upon facing a gun charge, securing experienced legal representation is crucial. Lawyers specializing in criminal defence are adept at navigating the complexities of the legal system and defending clients against gun charges. They possess the knowledge and skills to scrutinize arrest circumstances, the legality of firearm possession, and the prosecution's evidence to achieve the best possible outcome for their clients.
Mitigating factors, such as the individual's background, the purpose of carrying the firearm, and any cooperative behaviour with law enforcement, can influence the outcome of a case. Demonstrating a commitment to community service, stable employment, and strong family ties can also be beneficial.
Individuals with prior convictions, especially those related to violent crimes or firearm offences, may face harsher penalties. Legal representation is vital for such individuals, as the stakes are significantly higher. A lawyer can work to minimize the impact of past convictions on the current charge.
Another vital step when faced with a gun charge is ensuring the preservation of evidence that could be favourable to the defence. This might include surveillance footage, witness statements, or documentation of firearm ownership and legal possession. A defence attorney can issue preservation letters to prevent the destruction of such evidence and can also work to uncover evidence that law enforcement may have overlooked.
Many gun charge defences revolve around constitutional rights, particularly those under the Second and Fourth Amendments. The Second Amendment's right to bear arms and the Fourth Amendment's protection against unreasonable searches and seizures are frequently at the centre of legal arguments. Common defence strategies challenge the legality of the search that led to the firearm's discovery or argue the right to possess the weapon under state and federal laws. These constitutional defences require a nuanced understanding of the law and its application, highlighting the importance of specialized legal expertise.
Navigating the legal challenges of a gun charge requires a comprehensive understanding of the law, a strategic defence plan, and the support of a knowledgeable legal professional. Individuals can significantly improve their chances of a favourable outcome by taking immediate action, exercising their rights wisely, and leveraging legal expertise.
This evidence can be used to prove liability, which will help you recover the compensation you deserve for your damages.
It is essential to collect evidence related to the accident that caused your injuries as soon as possible. The evidence needed to prove the other party is liable will vary depending on the type of accident, but it will usually include photos or videos, official documents, and witness testimonies.
According to the personal injury attorneys at Roberts | Jeandron Law, it is also imperative that you know which court to file a claim with and which forms need to be submitted. It’s an overwhelming task, which is why you will likely want to enlist the legal representation of an experienced personal injury lawyer.
Additionally, California has a statute of limitations for personal injury claims, giving you two years from the accident that caused your injuries. In car accident cases, you should also be aware that California is a pure comparative negligence state. This means even if you were 99% at fault for your injuries, you could file a personal injury claim to recover compensation.
To receive compensation for an accident that was caused by another party’s negligence, you will need proof. Your injuries, whether from a car accident or a slip and fall at your local supermarket, must have been caused by someone else’s negligence. This is why evidence is so crucial for your case. You can gather it yourself, though if you work with a personal injury lawyer, they will handle it for you.
Even if you hire an attorney, it’s wise to keep records of everything related to the accident that caused your injury. This will make it much easier to build your case. You may find the following types of evidence to be instrumental in revealing the proof that the other party was negligent and caused your injuries.
In a motor vehicle accident of any kind, calling the police is an important step. They will fill out a police report that details the vehicles involved, the drivers, passengers, witnesses, road conditions, and other factors.
It stands to reason that if you are injured, you will seek medical treatment. Make sure you keep comprehensive records of everything, including surgical reports with the doctor’s notes on your diagnosis. The results of your X-rays, MRIs, and blood tests will also be helpful.
Often, personal injuries go beyond the physical and can impact your mental and emotional state. Testimony from your psychologist therapist can demonstrate your need to recover compensation for pain and suffering and mental anguish.
Don’t forget all the receipts from your medical treatments. They will show the cost of all the treatments you’ve received and allow you to get compensated for your economic damages.
At the scene of the accident, taking photos and videos can also show who was at fault. It’s much better to get them before the scene has been altered. Capture photos of property damage and your injuries. As your injuries develop, take additional photos.
Did anyone see what happened to you? If so, they could be instrumental in your personal injury case. Any bystanders that were present when your accident occurred can be helpful, though securing their statements as quickly as possible is best. The more time that elapses after the accident, the more memories may fade.
An eyewitness at the scene of the car accident could have been another driver that saw the whole thing unfold or someone waiting to cross the street. In the store where you slipped and fell, other customers or employees may have bore witness to the events that occurred.
Often, injury victims are too pain-addled to think of collecting eyewitness statements. However, an experienced personal injury lawyer will be able to track them down and help build your case.
When you’re injured by someone’s careless actions, you may not be able to work. During the time you spend recovering from your injuries, you’ll lose out on income. Requesting a letter from your employer that details your lost wages can also help seek compensation from the at-fault party.
If you haven’t started collecting evidence for your personal injury case yet, don’t worry. The best place to start is with a free initial consultation with a lawyer to get the ball rolling.
Assembling the bare facts involved in such a case is a challenge unto itself, to say nothing of proving ultimate liability. Veteran maritime lawyer Adam Lotkin expands upon these difficulties in this feature, illustrating the challenges legal teams must overcome in order to achieve success.
By far, some of the biggest challenges to preparing for and engaging in meaningful litigation involve acquiring proof of the mechanism of injury or death by admissible evidence. ‘Location, location, location’ is an often repeated phrase in the real estate world, but it is equally poignant when describing collecting evidence on large and small vessels in various locations locally, nationally, or around the world.
When a person is injured on a vessel, untangling and connecting the dots to assemble and organise tangible and verifiable evidence is a challenge for attorneys representing the injured person. Maritime cases can happen in a variety of marine settings across the globe; it is never an easy task to have to talk to witnesses, collect evidence by way of statements, live testimony, video or audio and digital formats, conduct surveillance and finally connect that to policies or lack thereof by the defending vessel owners, charters or companies.
Beyond this, an injured person often does not contact a lawyer until days or even weeks later, when disembarked from their work vessel. They may not have a clear chain of events of what happened or why. Counsel for the injured person must create timelines and a chain of medical events and try to figure out – after the event – both how and why it occurred.
Beginning with first-person statements, collecting information about the ownership and company potentially employing the injured party and their safety practices and training becomes vitally important to proving a case days, weeks, or years after the injury producing event.
When a person is injured on a vessel, untangling and connecting the dots to assemble and organise tangible and verifiable evidence is a challenge for attorneys representing the injured person.
One of the initial challenges to plaintiff’s counsel in maritime injury and wrongful death actions, as well as general admiralty injuries and death claims is finding witnesses, colleagues and fellow crew members who are willing to tell the truth despite the potential sacrifice of their own job or adverse job actions for going against another colleague or their employer. Most helpful witnesses are honest people who are put in a tough situation or ‘Catch-22’ when they are asked to testify or provide information that could jeopardize their own employment.
Knowledge of a vessel’s long-term unseaworthiness, a lack of training on the employer’s behalf and failing to recognise dangerous job requirements or unreasonably dangerous job assignments, especially on incidents that occur half way around the world or in foreign ports, is no small task for the practitioner maritime attorney. Soon after incidents occur, there may be multiple safety meetings, changes to policy or assignments or tasks and fixes to an unseaworthy situation or defect of a vessel such that proof thereafter will be difficult. Some vessels and industries (secure ports) have prohibitions on having recording devices such as cell phones on the vessels when they are underway or at sea doing their jobs for various reasons, including national or international safety.
Next, the legal practitioner handling wrongful death and personal injuries in the maritime and general admiralty arena will encounter challenges in obtaining detailed accident reporting by local, state or international organisations related to employee and maritime industries safety. Coast Guard incident reporting, United States OSHA reporting and investigation, as well as their overseas counterparts’ required reporting of incidents, is often inadequate and not generated to assist the injured worker or family of a wrongfully killed passenger, crew member or maritime seaman.
Where root cause analysis is helpful and should be a very detailed and factual analysis by the investigating agency for the international port, association, or government, lawyers often will find these reports will customarily blame the injured employee or crew member. Most international large vessel owners and contractors have their own internal accident reporting forms and investigation, which have been vetted by the defence and insurance industry to make certain there is ample ability for the company and its management to absolve itself of civil liability and jeopardy while setting up legal defenses such as contributory negligence, act of God or nature, and other blameless reasons for the injury producing incident.
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Most witnesses related to the company will not be forthcoming or eager to assist an injured employee that is preparing for litigation against their employer. While this is human nature, it thwarts continuing safety improvements in the maritime industry and will continue to stifle progress and safety advances in the very dangerous maritime industry.
Understanding the differences between the various state and federal laws is critical to effectively prosecuting the case for an injured or wrongfully killed employee, passenger, or crew member. Knowledge of the interplay between the Death on the High Seas Act and the Jones Act is essential, as well as general maritime law for injury and wrongful death cases.
Like any state litigation in wrongful death or personal injury, it is helpful to know what must be proven under the Jones Act or Death on the High Seas Act in state or federal court so your investigation and discovery can be tailored specifically to obtaining provable and admissible evidence far in the future in the presiding court. Notice of unseaworthiness, perils, defects, and a lack of job safety analysis or job hazard analysis and corroborating inadequate training by a maritime owner or employer is critical to overcoming the challenges facing a plaintiff’s attorney in such litigation.
Adam Lotkin, Partner
160 West Brambleton Avenue, Norfolk, VA 23510, USA
Tel: +1 757-622-5000
Adam Lotkin has been practicing law for nearly 28 years and does so with the passion for justice. Adam has helped thousands of clients obtain justice for personal injury and other grievances and has been lead counsel in over 120 jury trials in the Commonwealth of Virginia and Federal Courts. He has also served on the Board of Governors for the Virginia Trial Lawyers Association for nearly a decade and has been an active part of various trial advocacy associations, including the Maritime Lawyers Association.
Rutter Mills LLP is a Virginia-based law firm specialising in personal injury, auto accidents, workers' compensation, social security and maritime injuries.
In Houston, as in any other city, specific laws dictate how car accident claims must be handled. As mentioned by legal experts, whether you're the driver at fault, the passenger, or the pedestrian hit by a car, you have certain rights that must be protected. Therefore, it will help to get a lawyer on your side who knows the ins and outs of Houston's car accident laws.
Imagine having to deal with the aftermath of a car accident. There are the physical injuries to deal with and the emotional stress of dealing with insurance companies and law enforcement. This is why it's crucial to have a lawyer represent you in any car accident claim.
A lawyer will take away the burden of dealing with these entities and will work to get you the best possible settlement. They will also handle all communication with insurance companies, so you don't have to worry about negotiating yourself.
If the other was at fault, the insurance company would want to negotiate with you. They will want to settle it before they pay you anything. The insurance company has a group of lawyers and adjusters who can get your compensation reduced quickly.
The best way for them is to offer an amount that's less than what their insured driver was at fault for causing damages or injuries: this allows them to save themselves money by settling cheaply instead of paying out expensive legal fees over time defending against your injury claim.
You need to find a good attorney because they know what kind of settlement offers are standard from different types of car accidents (such as rear-end collisions). Also, they know how much should be paid per day if you're seriously injured; otherwise, there's a high risk you might accept too little and short-change yourself in the long term.
Filing a car accident claim alone can be difficult. One of the main reasons for this is that you need evidence to support your case. A car accident lawyer will help gather the necessary evidence and present your case in the best possible light.
Some of the evidence that a car accident lawyer may collect includes:
Getting a lawyer is the best way to ensure that your car accident claim is handled correctly. As explained above, a lawyer will know what evidence to gather and negotiate with the insurance company. They can also assist you in filing a lawsuit if necessary. Therefore, you should take your time to find a good lawyer who can represent you in your car accident case.
Considering how lawsuits from trucking accidents can cost you millions of dollars, you must take it seriously. Take the proper measures to protect your company ahead of time. Due to the nature of the work, you may not be able to avoid accidents, but you can reduce the cost of them.
Your lawyer can fight a trucking accident lawsuit with proper evidence. They can use a variety of sources to show evidence to the courts. Keep in mind, you must build the case immediately because most of the evidence available will vanish after several weeks. You must take action immediately because it can save you from higher costs down the road. Lowering liability often comes from the ELD device.
Truckers must be complying with all mandates, and a failure to comply could leave you open to litigation. For that reason, you should emphasise to your truckers how no one violates the HoS. Another example of evidence that a trucking company can use is cell phone records. You can use text messages, GPS data and emails to show that you were within your rights. For example, you can use the information to show how you were where you said you were at that time in the logbook.
Especially if you were in an accident with another driver, they may fight you in whatever way that they can find. Having receipts to show your lodging, gas and food will give validity to your logs. At the same time, it could prove your logbook false, which could land your company in legal trouble. Your lawyer will gather evidence of weigh station records and booth tickets. This will show the accuracy of your logs.
You may be able to show how your truck was getting maintenance or repairs at a specific time. Having a lawyer will show how you took a sufficient amount of time to make the repairs on your truck. This action can reduce your level of liability. Once you have proven that you keep an accurate logbook, the other party will have a harder time going after you. At the least, it can help to reduce the amount of liability that your company has a duty to pay for.
Rather than fighting a case in a rural county, you can try to have the case moved to the jurisdiction where you are headquartered. Especially in cases where you feel belittled or devalued, you may find it advantageous to either move the case out of the county or even take it to the state of your headquarters. One of the big problems with how juries are selected is the location and requesting a relocation can help combat this. This does take more work, but it can change the tide to give you a more favourable result.
Also, be aware of how you must choose the right lawyer for this action. They should have a thorough knowledge of how to do this correctly. Due to the size of the truck, trucking accidents are some of the most horrific, and they often lead to a fatality. Because of that, they have a higher risk of facing lawsuits, and you need to know how to protect yourself.
If you have been arrested for driving under the influence, you need to contact a DUI attorney immediately. These are challenging cases that require an experienced lawyer who knows how the system works. A DUI lawyer can help with your case in many ways, including representing you in court, gathering evidence on your behalf, and much more.
If you are arrested for a DUI, you should not speak to the police without an attorney present, as what you say may incriminate you. It is crucial that if arrested, even on suspicion of driving under the influence, contact a car accident lawyer immediately.
Your attorney can provide advice about plea bargains and sentencing options, and be there with you every step of the way until a verdict has been reached. The lawyer knows the system and will ensure that you are not taken advantage of.
A DUI lawyer will work to gather evidence in your favour before the trial begins. This could include hiring a private investigator, getting video surveillance footage or witness statements, looking into DNA testing options for blood alcohol levels, or even challenging the legality of your arrest.
In some cases, a DUI may be dismissed if the police fail to follow proper procedures. For example, it is illegal for them to pull you over without just cause, or have an unlawful search and seizure of your property. If they did not read you your rights before administering a breathalyzer test, then that evidence is likely inadmissible as well. Your DUI lawyer can even file a motion to have evidence thrown out based on these violations.
A qualified DUI lawyer knows how important it is for you to get into treatment as soon as possible to prevent further damage from being done to yourself and your family. They will also know if you are eligible for any DUI diversion programmes and can help get you the best possible outcome in court, given the specific circumstances of your case. When it comes down to protecting your rights and getting a favourable judgment in court, hiring an experienced attorney is key. A strong defence makes all the difference in these cases and can help to minimise or even eliminate the penalties you face.
In some cases, you may want to file a civil lawsuit against the other party and their insurance company following an accident that was not your fault or due to negligence on the part of another driver. A DUI lawyer will help advise you about all of these issues and work with you to determine your best course of action.
Many people are hesitant about hiring a DUI lawyer because they think that everything will be over once the judge has handed down their sentence, but this is far from true. The work does not end until you believe it should; otherwise, you may still risk losing your license for longer than necessary or facing an additional charge.
Hiring a DUI lawyer can be of great help throughout your case. They will represent you in court and work to ensure that the punishment fits the crime as well as protect your rights under all applicable laws.
It’s your right as an injured party to seek out compensation for your losses and injuries. With the help of a personal injury expert, you can get the justice that you seek. The key to winning an injury lawsuit is to build a strong case. Your attorney will do most of the work to build the legal case on your behalf, but it’s your quick thinking and actions immediately following your accident that can help make the difference in building a solid case. Let’s take a look at a few ways to work towards building a solid case that will win in the courts.
The legal system is complex and can be intimidating to regular citizens without any legal experience. Filing a personal injury lawsuit is a complicated process and shouldn’t be attempted without legal representation. It is to your great benefit to find a lawyer to help you navigate the legal system and act as your advocate. They will help you build your case, deal with insurance companies on your behalf and represent your best interests when you go to court.
The most important aspect of building a personal injury case is the collection of evidence. Your immediate actions following an accident can mean the difference between winning or losing your case. While it may be difficult to gather evidence if you are gravely injured, someone that you trust can help you with the following aspects of building your case:
If you are injured in an accident, you must get medical help as soon as possible. If there are EMTs onsite, you need to let them take a look at you whether you feel any pain or not. Many injuries don’t show up for several hours or days following an accident. Follow up with your own primary physician as soon as you can. It’s important to prove that your injuries are genuine, so it’s essential that you follow all of your doctor’s orders and follow up with all appointments. Request a copy of all your medical records and prescriptions for your court records.
Stress is the enemy of healing. The impact that an injury can have on your life can be catastrophic. Staying positive is the key to managing your stress. Learn to rely on the expertise of your legal team to represent your best interests and get you the compensation that you need. Living through an accident and having your life thrown into chaos as you recover from injuries can be physically and mentally challenging. Follow these tips to help you build a strong personal injury case and get you closer to taking back the life you deserve.
Electrical and mechanical failures require a good deal of specialist knowledge to fully understand. What skills and experience did you require to specialise as an expert witness in this area?
I am an electrical engineer whose bullseye competence is based in a lifetime of working in potentially explosive atmospheres with experience of equipment ranging from low voltage and current to 138 kV. My career started as an apprentice electrician in the coal mining industry, progressing through being an engineering manager, companywide automation engineer, and research engineer working on European Union projects to being a Health and Safety Executive (HSE) Inspector. For the last eight years I have worked in the private sector as an engineering consultant and expert witness.SEHealth and Safety I now work for Envista Forensics, based in the London office, which covers the Europe/Middle East and Africa (EMEA) region.
Not only do I have many years of industry experience, but I have also been fortunate to have worked for companies who have given me the time, support and sponsorship to gain a BSc, an MBA, an Engineering Doctorate and a deep knowledge and understanding of a plethora of standards and legislative requirements relating to engineering.
I am repeatedly instructed on insurance losses ranging from £20,000 to £100 million both in the UK and overseas and on complex health and safety prosecutions, and my instructions often are at the direct request of Insurers and barristers.
As an expert witness, my fundamental role is to explain complex engineering issues in a manner and language that the Court can easily understand. In my experience, being able to give practical examples of different, but similar, equipment and systems that the Court can more readily relate to can often work best. Prior to me working for the HSE I was a part time Further Education teacher which I did for many years. That experience of teaching adults, some of whom were only students because their employer forced them to attend, greatly assists me in producing my reports for the Court and also in giving oral evidence.
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Even though I am obviously biased, and I hope that I do not offend my legal colleagues by saying so, in my opinion an engineer is always best placed to assist the Court on engineering issues.
I have acted as an expert witness:
Engineering issues are often highly complex and sometimes difficult for a lawyer to explain in court. What assistance do you provide?
In criminal trials, I am not only able to assist the Court to explain the complex engineering aspects but also the associated investigation process that led up to the decision to prosecute.
Even though as an expert witness my overriding duty is to the Court to be honest and impartial, I also have a commercial duty to my client who is instructing me. Therefore, it is paramount that I work within the agreed budget and timescales.
Of course, prior to producing a report, I need to carry out a robust investigation and gather as much evidence as I can. One of the best lessons that I have ever been given on taking evidence is to think that you will never visit the scene ever again. That way, you take the time that is necessary, not always the same as the time that you are originally allotted, and take whatever evidence is required. Photographic and video evidence is invaluable as is detailed note taking.
One of the best lessons that I have ever been given on taking evidence is to think that you will never visit the scene ever again.
Sometimes other parties in a case instruct their own experts and I am required to conduct joint inspections. It is here where good interpersonal skills are required so that everyone has fair and equal opportunity to carry out a robust inspection.
What analysis do you need to undertake to conduct an effective investigation?
I reach my conclusions by following the evidence and approach each case with no preconceived thoughts on what the root cause may be or where the case may lead. I examine all credible scenarios, create hypothesises and then either prove or disprove each one. However, I sometimes have to accept that I cannot categorically find the root cause of an event. Sometimes the evidence has been disturbed or even disposed of before I arrive on scene, and sometimes witness evidence is not as reliable as I would like for various reasons. I am aware of one investigation carried out by a colleague where it was eventually proved that a corpse had been moved to give the impression of another chain of events. With this in mind, I tend to be sceptical and only believe what I can prove.
What are common reasons for electrical and mechanical failures in the cases you pursue?
I am often asked about the common reasons for electrical and mechanical failures in the cases that I investigate. Invariably I find that poor design, poor installation and commissioning and poor maintenance (probably in equal measure) are the reasons. Sadly, another increasingly common factor is how the competence of the technicians and engineers involved in these processes has diminished with younger people choosing to follow other careers than engineering. Because of this, I am a STEM ambassador in my spare time and try to encourage as many young people as possible to become engineers and scientists.
What developments have taken place in the past year to impact how cases in your area of expertise are handled?
In the past 15 months during the COVID-19 pandemic, social distancing measures have meant that joint inspections are carried out in a different manner, with some taking place by remote means. Also, of course, the advent of Nightingale Courts and remote attendance has been something that a lot of people, myself included, have had to adjust to.
The changes made due to the pandemic are hopefully short-term, but I feel it is vital for an expert witness to keep abreast of emerging technologies and practices. I am fortunate that the professional bodies that I am a member of encourage continuous professional development (CPD), and I submit my CPD plan and record annually to assist me maintaining my Chartered Engineer, Chartered Scientist and Chartered Environmentalist registrations.
Dr John Ford (BSc, MBA, EngD, DMS, PGCE, CEng, CSci, CEnv, FIMMM, MIET, MCMI), Technical Lead Mechanical/Electrical UK
Envista Forensics
Address: 364, Blvd du 30 juin, Im. Kiyo ya Sita, 6th floor, Kinshasa, Democratic Republic of the Congo
Tel: (+44) 203 696 7996 / (+44) 778 740 8240
Email: john.ford@envistaforensics.com
Website: envistaforensics.com
Envista Forensics is a global, multi-disciplinary and highly skilled forensic engineering and expert services firm. We have 400 full time professionals (as well as over 1200 Associates) located in 35 offices on 4 continents that comprise the Envista team and provide a wide array of services including various disciplines of Forensic Engineering, Fire and Explosion Investigations, Building and Equipment Consulting, Accident Reconstruction and Digital and Cyber Forensics as well as Equipment Restoration Services globally known as AREPA. Our customers are primarily insurance companies, loss adjusters and lawyers.
Dr John Ford is Technical Lead for Mechanical and Electrical Investigations at Envista. He has accrued a library of professional accreditations alongside a wealth of practitioner and regulatory experience, specializing in commercial and industrial settings involving electrical engineering and workplace accident investigation.
In Ras Al Khaimah Investment Authority v Azima [2021] EWCA Civ 349 (‘RAKIA’) the civil division of the Court of Appeal confirmed the long-standing rule that relevance of evidence is key to its admissibility, not whether it was obtained lawfully. As a result, evidence of fraud on the part of Mr Azima, which was said to have been obtained by unlawful ‘hacking’ of his computer, could nonetheless be deployed. The court took the view that refusing to admit the evidence or striking out the claim as an abuse of process would have left Mr Azima with the benefit of his fraudulent conduct.
In weighing up the public policy considerations of needing to be seen to provide justice whilst at the same time ensuring that members of the public abide by the law, the court has continued to favour the former, well established by the time of the seminal judgment in Jones v University of Warwick [2003] EWCA Civ 151. But what bearing does this decision have on the admissibility of illegally obtained evidence in criminal proceedings, especially if sought to be deployed by a defendant? And does this case in any way erode the well-established rule that illegally obtained evidence obtained through torture will not, under any circumstances, be admitted in evidence?
In principle, in criminal proceedings the same rule applies: provided that admitting evidence will not have an adverse effect on the fairness of proceedings, and it is relevant to matters in issue, it will be admissible. Indeed, Kurama v R [1995] AC 197, which is the leading authority from (relatively) modern times, was a criminal prosecution from Kenya where the search leading to the evidence was plainly unlawful. As the court reiterated there, quoting from an 1861 judgment (in another criminal case): “It matters not how you get it; if you steal it even, it would be admissible”.
Nonetheless it is hard to imagine that deliberate breaches of the criminal law by the authorities would not lead to exclusion of such evidence, given the fairness requirement embodied in the Police and Criminal Evidence Act 1984 and its extensive subsequent case law or, in the world of surveillance, by the Investigatory Powers Act 2016 (‘IPA’ - for technical surveillance) and the Police Act 1997 and Part II of the Regulation of Investigatory Powers Act 2000 (for physical surveillance and associated actions), which provide state actors with comprehensive processes and codes to ensure they act compatibly with the criminal law and the Human Rights Act 1998. In short, there can be little excuse for a state actor not acting lawfully.
“It matters not how you get it; if you steal it even, it would be admissible”.
These issues were well illustrated in the recent Court of Appeal (Criminal Division) judgment in A,B,D,C v R [2021] EWCA Crim 128 concerning the use of evidence thought by suspects to be protected by the ‘EncroChat’ encryption system, which was hailed as one of the greatest evidential breakthroughs against serious and organised crime. The underlying point was the need to assert that not only was the material outside the prohibition on the use of intercepted material but that, if the prohibition did not apply, the actions were taken with lawful authority where the acquiring agency (here the NCA) had a relevant Targeted Equipment Interference Warrant under the IPA. The need for compliance with the IPA was a given throughout the proceedings, on what was effectively a premise that compliance guaranteed admissibility (if this was not interception, which the Court of Appeal concluded it was not). Significantly, subject to other arguments about admissibility and abuse of process - which the Court of Appeal strongly hinted would not carry any weight but seem to the authors to present substantive challenges (as is the case in proving all hacking activity) – such evidence can be relied upon by the prosecution.
Whilst the historical and ethical bases for restraining state power are obvious, there is an argument that the same bases do not readily apply to an individual. Of course, it is not for the accused to present anything by way of evidence in their defence; instead that task lies squarely with the prosecuting authority. But to what extent, for example, is a defendant, wishing to use illegally obtained evidence in support of their defence, at liberty to use that material?
Self-apparently a defendant exposes themselves to the risk of further investigation and prosecution should they engage in criminal activity such as hacking (or theft) even if the purpose was to secure evidence to support innocence. But to that extent the individual is in no different position to the civil litigant in terms of the consequences of their actions, although with the obvious practical difference that law enforcement bodies will already be party to the case and the defendant’s actions (or the actions of those associated with them) will be much more readily apparent to those who might be minded to initiate a criminal inquiry. It seems clear that the fundamental test of ‘relevance not lawfulness‘ should not change simply because of the identity and position of the party seeking to adduce the evidence.
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Although likely to be rare, it is important to remember that a special exception to the general rule of courts admitting relevant evidence, no matter its origin, has been carved out by the House of Lords (A v Secretary of State for the Home Department (No 2) [2005] UKHL 71). Where the evidence may have been obtained by torture (the legal test being that it must be proven on the balance of probabilities that torture took place) that evidence will be inadmissible. This rule recognises the moral and public policy imperatives.
That rule was affirmed by the Supreme Court in 2020 in another civil case, Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 (‘SHAGANG’). Concentrating on the issue of proof, the Supreme Court held that whilst evidence shown on the balance of probabilities to have been obtained by torture is inadmissible, there is no rule that, if it is not proven to the civil standard, the fact that torture may have taken place must be ignored when deciding the facts in issue. The court confirmed that if there are reasonable grounds for suspecting that a statement was obtained by torture, that is a matter which a judge can and should take into account.
Such a pragmatic approach reflects the fact that proving torture occurred is often inherently difficult and therefore, as a matter of public policy, it is only right that courts in respect of all judicial proceedings be able to take into account the possibility that torture may have rendered the evidence unreliable. The evidence that torture was used will therefore fall to be considered by the judge along with all other relevant matters. This significant clarification also recognises the fact that its use will always be subject to the party who wishes to benefit from its use seeking to show that it cannot be proven, on the balance of probabilities, that it was in fact the product of torture. And this too could arise in the criminal context: not least given it is a crime of universal jurisdiction one can see how evidence arising from torture could feature in criminal proceedings in England alleging crimes relating to torture.
RAKIA and SHAGANG largely confirm what we already knew about admissibility of evidence that is obtained by unlawful means. Torture remains a moral line which the courts will not countenance being crossed. For the rest, the Courts seem open to admitting unlawfully obtained evidence in civil proceedings (or arguably from the defendant in criminal or regulatory proceedings) where the issue of whether a crime has been committed in gathering the evidence is left for other organs of the state to investigate. Public authorities are – and should be – held to higher standards, adopting the existing processes which remove any question that the evidence has been unlawfully gathered.
Michael Drury, Partner
Caroline Mair, Senior Associate
Andrew Watson, Legal Assistant
BCL Solicitors LLP
Address: 51 Lincoln's Inn Fields, London WC2A 3LZ
Tel: +44 020 7430 2277
