Personal injury law firms have varying views on which cases they will take. The reason for this variability in attorney interest is because of the risk, skill, and possibility of success involved in securing compensation for people who have been injured. Accepting a case involves serious responsibility, involves the investment of tens of thousands of dollars, and also a significant amount of time.
There are some rules of thumb that attorneys follow when determining which cases to accept:
(1) What is the liability?
(2) How believable is the case?
(3) Is there an avenue for monetary recovery?
The attorney/client relationship in personal injury matters is very unique and bonds will be formed that will last long beyond the litigation of a case. However, it is extremely important that attorneys perform their due diligence before agreeing to represent an individual in a personal injury case. For the client's and the attorney's sake.
At The Law Offices of Adam J. Zayed, P.C. our attorneys provide the highest level of legal representation in serious personal injury matters. If you or a family member has suffered because of the negligence of another, contact one of our attorneys immediately for a free assessment of your case.
Wednesday, March 9, 2011
Tuesday, March 8, 2011
Admissability of Expert Testimony in Illinois Personal Injury Cases
The admissibility of expert testimony in Illinois is largely subject to the standard of "general acceptance" set forth in Frye v. United States, 293 F. 1013 (D.C.Cir.1923). The methodology used by an expert must be sufficiently established to have general acceptance in the field to which it belongs. General acceptance does not require unequivocal acceptance, and the existence of a dispute over a particular methodology will not preclude admissibility. Rather, general acceptance takes into account whether there is consensus or controversy as to whether a methodology is relevant.
At The Law Offices of Adam J. Zayed, P.C. we provide representation to people who have been seriously injured. Our attorneys represent people who have been injured due to medical malpractice. If you suspect that you or a family member have been injured because of medical malpractice, contact an attorney at The Law Offices of Adam J. Zayed, P.C. in order to schedule an appointment to discuss your case.
At The Law Offices of Adam J. Zayed, P.C. we provide representation to people who have been seriously injured. Our attorneys represent people who have been injured due to medical malpractice. If you suspect that you or a family member have been injured because of medical malpractice, contact an attorney at The Law Offices of Adam J. Zayed, P.C. in order to schedule an appointment to discuss your case.
Monday, March 7, 2011
Future Lost Income: Part II
Two of the most important pieces of evidence used to support a claim for future lost income are testimony of the Plaintiff and testimony of an expert--an expert might testify as to the duration of the injury or the permanence of the injury. It is the attorney's role to fully articulate the extent of the injured person's future lost income. A determination of future lost income is done on a person to person basis.
Recoveries for future lost income might include a calculation for advancement in the Plaintiff's job field. For this reason, it is important for personal injury attorneys to conduct a thorough investigation of the Plaintiff's employment. Important sources of testimony in support of an award for future lost income include: the plaintiff, co-workers, people working in plaintiff's field, and experts who can calculate and project the lost income.
Generally speaking, the recovery for future lost income is the difference between what the plaintiff should've been able to earn and what that plaintiff can earn in the wake of the injury. This calculation is tempered with the concept of reasonable certainty. A jury's finding must be supported by reasonable proof.
Retaining occupational economist expert is an important way to substantiate claims for future lost income. This is especially true in wrongful death cases.
At The Law Offices of Adam J. Zayed, P.C., our attorneys make every effort to ensure that our client's receive the compensation they deserve because of diminished ability to work. If you or a loved one have been injured as a result of medical malpractice, a serious car accident in the Chicago area, or a serious injury such as paralysis, contact an attorney at The Law Offices of Adam J. Zayed, P.C. We strongly recommend that you contact us via our website or call us at 630.571.0100.
Recoveries for future lost income might include a calculation for advancement in the Plaintiff's job field. For this reason, it is important for personal injury attorneys to conduct a thorough investigation of the Plaintiff's employment. Important sources of testimony in support of an award for future lost income include: the plaintiff, co-workers, people working in plaintiff's field, and experts who can calculate and project the lost income.
Generally speaking, the recovery for future lost income is the difference between what the plaintiff should've been able to earn and what that plaintiff can earn in the wake of the injury. This calculation is tempered with the concept of reasonable certainty. A jury's finding must be supported by reasonable proof.
Retaining occupational economist expert is an important way to substantiate claims for future lost income. This is especially true in wrongful death cases.
At The Law Offices of Adam J. Zayed, P.C., our attorneys make every effort to ensure that our client's receive the compensation they deserve because of diminished ability to work. If you or a loved one have been injured as a result of medical malpractice, a serious car accident in the Chicago area, or a serious injury such as paralysis, contact an attorney at The Law Offices of Adam J. Zayed, P.C. We strongly recommend that you contact us via our website or call us at 630.571.0100.
Future Lost Income: Part I
Future lost income is an important part of many catastrophic and serious personal injury recoveries. Serious injury commonly impairs an individuals ability to earn income. The computation of future lost income includes lost income for the type of job most recently held by the injured person but for jobs potentially beyond the scope of the last position held by the injured person. An almost philosophical approach must be taken in order to make the best possible recovery. A computation of future lost income takes into account a person's potential. The following factors have been held relevant in this calculation:
(a) physical and mental capabilities;
(b) preexisting physical or mental impairments;
(c) educational background or specialized training;
(d) chosen livelihood;
(e) alternative paths of employment; and
(f) possibility of lessening the detrimental effect that the injury has had on the ability earn.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are experts in serious personal injury law. If you or a loved one has suffered from a catastrophic truck accident, from medical malpractice, from an animal attack, or from train negligence, you should contact an attorney at The Law Offices of Adam J. Zayed, P.C. You can contact usvia our website or you can call us at 815.726.0100 to schedule a free, no-obligation consultation.
(a) physical and mental capabilities;
(b) preexisting physical or mental impairments;
(c) educational background or specialized training;
(d) chosen livelihood;
(e) alternative paths of employment; and
(f) possibility of lessening the detrimental effect that the injury has had on the ability earn.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are experts in serious personal injury law. If you or a loved one has suffered from a catastrophic truck accident, from medical malpractice, from an animal attack, or from train negligence, you should contact an attorney at The Law Offices of Adam J. Zayed, P.C. You can contact usvia our website or you can call us at 815.726.0100 to schedule a free, no-obligation consultation.
Expert Testimony Under the New Illinois Rules of Evidence
At The Law Offices of Adam J. Zayed, P.C. we represent people who have been seriously injured due to the negligence of another. We fight so that insurance companies stay honest and deserving individuals receive the compensation they deserve.
One of the prinicples underlying our legal system is efficiency. It therefore comes as no surprise that the common policy is to restrict the admissibility of opinion evidence except in cases where it will be neccessary or helpful. In the case of opinion testimony by expert witnesses, the admissibility of an opinion or conclusion must be predicated on satisfaction of the following conditions:
1) scientific, technical, or other specialized knowledge would assist the trier of fact in understanding the evidence or deciding on an issue;
2)the opinion must be relevant to the facts of the case; and
3) the methodology underlying the expert opinion must be reliable (a number of factors go into certifying an expert opinion as reliable).
The facts or data presented to an opinion expert can be made known to an expert at or before a hearing or trial. If the facts presented to the expert are of a type reasonably relied on by experts in the field, the facts need not be admissible in evidence.
Despite general restrictions on the admissibility of opinion experts, the Illinois Rules of Evidence still give a fair amount of latitude to opinion experts in the formulation of their opinions. Contact a Chicago Illinois Personal Injury Attorney in order to navigate the gauntlet of Illinois evidence law.
At The Law Offices of Adam J. Zayed, P.C., we represent people who have been injured in trucking accidents, motorcycle accidents, and other serious injury cases. Our attorneys are experts in the rules of evidence, and we will leverage our experience into securing a successful recovery for you or your loved one. Contact us now to schedule your free, no-obligation initial consultation or call us at our Joliet office at 815.726.0100.
One of the prinicples underlying our legal system is efficiency. It therefore comes as no surprise that the common policy is to restrict the admissibility of opinion evidence except in cases where it will be neccessary or helpful. In the case of opinion testimony by expert witnesses, the admissibility of an opinion or conclusion must be predicated on satisfaction of the following conditions:
1) scientific, technical, or other specialized knowledge would assist the trier of fact in understanding the evidence or deciding on an issue;
2)the opinion must be relevant to the facts of the case; and
3) the methodology underlying the expert opinion must be reliable (a number of factors go into certifying an expert opinion as reliable).
The facts or data presented to an opinion expert can be made known to an expert at or before a hearing or trial. If the facts presented to the expert are of a type reasonably relied on by experts in the field, the facts need not be admissible in evidence.
Despite general restrictions on the admissibility of opinion experts, the Illinois Rules of Evidence still give a fair amount of latitude to opinion experts in the formulation of their opinions. Contact a Chicago Illinois Personal Injury Attorney in order to navigate the gauntlet of Illinois evidence law.
At The Law Offices of Adam J. Zayed, P.C., we represent people who have been injured in trucking accidents, motorcycle accidents, and other serious injury cases. Our attorneys are experts in the rules of evidence, and we will leverage our experience into securing a successful recovery for you or your loved one. Contact us now to schedule your free, no-obligation initial consultation or call us at our Joliet office at 815.726.0100.
Categories of Witnesses in Illinois Personal Injury Cases
According to the Illinois Supreme Court Rules there are three categories of witnesses in civil cases. Rule 213(f) designates these three categories as: lay witnesses, independent expert witnesses, and controlled expert witnesses. The testimony and opinions of these witnesses are used to ensure that that people can substantiate their cases efficiently and fairly. It is necessary that the attorney you choose to represent you in personal injury matters is an expert in coordinating with opinion witnesses.
The categories of expert witnesses are:
(1) Lay Witnesses. A “lay witness” is a person giving only fact or lay opinion testimony;
(2) Independent Expert Witnesses. An “independent expert witness” is a person giving expert testimony who is not the party, the party’s current employee, or the party’s retained expert. (Examples of these witnesses are a police officer making an arrest or a treating physician).
(3) Controlled Expert Witnesses. A “controlled expert witness” is a person giving expert testimony who is the party, the party’s current employee, or the party’s retained expert. (These witnesses can be hired by attorneys, and they might provide an expert opinion based on their expertise, examination of the facts of the case, or even a hypothetical situation).
In the event of a serious personal injury accident, it is critical that you retain an attorney who will be able to coordinate with experts in order to substantiate your case. If you or a family member have been seriously injured, contact a Chicago personal injury attorneyat The Law Offices of Adam J. Zayed, P.C. today in order to schedule a free, no-obligation consultation.
The categories of expert witnesses are:
(1) Lay Witnesses. A “lay witness” is a person giving only fact or lay opinion testimony;
(2) Independent Expert Witnesses. An “independent expert witness” is a person giving expert testimony who is not the party, the party’s current employee, or the party’s retained expert. (Examples of these witnesses are a police officer making an arrest or a treating physician).
(3) Controlled Expert Witnesses. A “controlled expert witness” is a person giving expert testimony who is the party, the party’s current employee, or the party’s retained expert. (These witnesses can be hired by attorneys, and they might provide an expert opinion based on their expertise, examination of the facts of the case, or even a hypothetical situation).
In the event of a serious personal injury accident, it is critical that you retain an attorney who will be able to coordinate with experts in order to substantiate your case. If you or a family member have been seriously injured, contact a Chicago personal injury attorneyat The Law Offices of Adam J. Zayed, P.C. today in order to schedule a free, no-obligation consultation.
Tuesday, July 13, 2010
The role of the Illinois Personal Injury Attorney
There is a relatively well kept secret in the United States regarding the law of personal injury. The secret is: trial lawyers, personal injury lawyers, and consumer lawyers are among the most important advocates for the safety and well being of the general public.
Every so often a tort reform bill or referendum comes before lawmakers. The arguments in favor of tort reform generally reflect the idea that settlements and verdicts relating to accidents, personal injuries, and medical malpractice increase the cost to the rest of society. This argument is used to persuade people across the United States that there should be caps on law suits for personal injuries.
The arguments in favor of placing caps on settlements and jury verdicts are largely an illusion sprung on the public by lobbyists for insurance companies. The simple fact is that caps on personal injury lawsuits benefit one group above all others: insurance companies. Insurance companies operate like any other business--their eyes are set on the profit margin. Insurance companies want premiums, they want your business, they do not want to pay out for claims.
Insurance companies spend billions of dollars each year in an attempt to sway public sentiment, to confuse the issues involved. However, the current healthcare/insurance system does not provide enough oversight and regulation of the injuries suffered by individuals. Caps on tort claims would significantly lower oversight of treatment afforded individuals--from tests performed by doctors related to injuries to treatment by insurance companies.
The role played by attorneys is that of an advocate. Attorneys facilitate the interests of the public and provide representation to those who cannot stand on their own two feet, literally and figuratively. Attorneys ensure that insurance companies pay the full value of a claim and fight so that people have a chance to recover from their injuries in a meaningful way. Attorneys protect against the tyranny of insurance companies. Insurance companies want attorneys out of the picture.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are dedicated to ensuring that the rights of all of our clients are protected.
Every so often a tort reform bill or referendum comes before lawmakers. The arguments in favor of tort reform generally reflect the idea that settlements and verdicts relating to accidents, personal injuries, and medical malpractice increase the cost to the rest of society. This argument is used to persuade people across the United States that there should be caps on law suits for personal injuries.
The arguments in favor of placing caps on settlements and jury verdicts are largely an illusion sprung on the public by lobbyists for insurance companies. The simple fact is that caps on personal injury lawsuits benefit one group above all others: insurance companies. Insurance companies operate like any other business--their eyes are set on the profit margin. Insurance companies want premiums, they want your business, they do not want to pay out for claims.
Insurance companies spend billions of dollars each year in an attempt to sway public sentiment, to confuse the issues involved. However, the current healthcare/insurance system does not provide enough oversight and regulation of the injuries suffered by individuals. Caps on tort claims would significantly lower oversight of treatment afforded individuals--from tests performed by doctors related to injuries to treatment by insurance companies.
The role played by attorneys is that of an advocate. Attorneys facilitate the interests of the public and provide representation to those who cannot stand on their own two feet, literally and figuratively. Attorneys ensure that insurance companies pay the full value of a claim and fight so that people have a chance to recover from their injuries in a meaningful way. Attorneys protect against the tyranny of insurance companies. Insurance companies want attorneys out of the picture.
At The Law Offices of Adam J. Zayed, P.C., our attorneys are dedicated to ensuring that the rights of all of our clients are protected.
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