Some personal injury claims are relatively simple. You were stopped completely at a stop sign when a drunk or speeding driver rear-ended you. There is video footage of a grocery store employee spilling a drink and then walking away a few minutes before you slipped and fell. Your injuries are fairly minor and you will be able to return to work within a few weeks. These cases are more likely to result in a settlement and a fair payout that covers medical expenses, lost wages, and maybe the cost of a totaled vehicle. Other cases are much more complex. You have sustained a life-altering injury and will always need a home health aide. There is a disagreement over whether what your doctor did caused harm to you. The truck driver who hit you claims that you caused the crash. In these cases, one tool your attorney may use is the expert witness. 

What is the Role of an Expert Witness?

An expert witness is someone who can provide credible testimony about what they believe is true in your case. They step in when there is a factual, rather than a legal, dispute that the parties cannot agree on. There is no specific certification that an expert witness must hold, but they must be regarded as an expert in the topic matter they are going to testify about. In Illinois, an expert witness must be qualified by their “knowledge, skill, experience, training, or education.”

An expert witness will look at the evidence itself and apply their particular set of professional skills to the investigation. For example, if the fact in dispute is whether your tire blew because it was defective or because you installed it wrong, you would look for a tire expert. This person should be well-versed in accident reconstruction and tire design–ideally they should hold an advanced degree in this field. The expert witness can perform a skilled analysis of the accident and draw a conclusion about what most likely happened. 

People tend to trust their doctors completely. We are taught from a young age that the doctor knows best and is doing everything they can to help us. Unfortunately, doctors are not always right, and they are not always careful. If you have ever had a serious concern brushed off, or found that a prescription drug caused more harm than it prevented, you are not alone - and you may have been affected by medical malpractice. Some types of malpractice have an immediate effect, so you know right away that something has gone wrong. Other forms are more insidious, sometimes taking years to become apparent. If you have been harmed by a doctor’s mistake or failure, then you may be able to recover compensation. Our attorneys can assess your case to determine whether you have grounds for a lawsuit. 

Shockingly Common Forms of Malpractice by Medical Professionals

Medical malpractice cases usually fall into one of a few categories. These common types of malpractice include: 

• Prescribing errors - Doctors should verify that the drug they are about to give their patients is safe for them. This means that they should check to see whether any of your medical conditions or current medications are contraindications for the new medication they are considering. For example, prescribing Toradol as a pain medicine to someone with a history of kidney disease can seriously harm a patient. 

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After a serious car accident leaves you injured and in pain, it can be hard to figure out your next steps. You probably have a lot on your plate, like trying to get the time you need off from work, attending doctor’s appointments, and trying to secure help with some of the daily tasks you cannot do alone with your injuries. Handling the legal side of your claim might seem deceptively easy - the insurance company calls you with a nice-sounding offer, you say yes, and you get the money. Right? But it is rarely that simple. Insurance companies are not interested in adequately compensating you for your injuries and other losses associated with the accident their customer caused. They are interested in paying out as little as possible. A lawyer can take on the fight for you to help you get the settlement you deserve, not the settlement a corporation feels like offering. 

Why You Should Work With an Attorney After a Car Crash Injury

There are a number of pitfalls that unrepresented parties can fall into. Represented parties are more likely to receive fair settlements and less likely to be taken advantage of. Reasons you should consider working with a lawyer after a car accident include: 

• Spotting a bad offer - Most people will not be in more than one serious car accident with injury in their lifetime. Most car accident lawyers have multiple open car accident injury cases open at any given time. A settlement offer that looks good to an untrained eye might not look so good to an experienced attorney who is more familiar with all the different types of damages you should be compensated for. 

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Slip-and-fall accidents are to be expected during wintertime. Snow and ice can be easily tracked into a store, and parking lots can be difficult to keep clear. Liability for a fall injury caused by winter weather can be tricky to determine because property owners are not always responsible for weather-related hazards. In the summer, unless it is raining, it is much less likely that weather can be blamed for a slip. Retail managers and those who run other businesses open to the public have a duty to keep their establishments reasonably safe. If someone has slipped and fallen on their premises, there is a substantial likelihood that the business can be held responsible under a premises liability theory. If you were injured when you slipped and fell in a business, you may be entitled to recover compensation and should contact a qualified attorney for a case evaluation. 

What Causes Slip-and-Fall Accidents in Good Weather?

While some spills can happen and cause a slip far too quickly for a business manager to react to, other hazards go ignored. Common causes of slips and falls in favorable weather include: 

• Ignored spills - With the current labor crisis, many businesses - particularly restaurants and retail - are severely understaffed. This can make it difficult for staff to respond to spills or other reported hazards in a timely fashion. However, safety issues should always be prioritized and addressed without delay even if staff is busy doing something else. 

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Intoxicated drivers are famous for causing truly terrible car accidents like head-on collisions and even rollover accidents. When a drunk driver caused your accident, it is very likely that either you or a bystander called the police and they responded to the scene. Most of the time, an intoxicated driver who has caused a crash will be arrested promptly and charged with a DUI. If that is the case, proving your case against them in civil court is likely to be fairly easy. However, if the driver was not criminally charged, this does not mean that you will not be able to prove in civil court that they were intoxicated for the purposes of winning your case against them. If you were hit by a drunk or high driver who escaped criminal liability, it is important that you work with an experienced personal injury lawyer to file a claim against them. 

Why Would an Intoxicated Driver Who Caused an Accident Not be Charged?

The reasons that a driver who causes a car crash due to intoxication may not be arrested vary. It could be that the police did not notice intoxication caused by drugs other than alcohol, as the signs of impairment can be more subtle. Or, the police may not believe that they have enough evidence to be able to prove that the driver was intoxicated at the time of the crash. For example, if it took the police some time to respond, the responsible driver may have had time between the accident and the officer’s arrival to consume more drugs or alcohol. In other cases, corruption is to blame - the drunk driver may be related to or friends with someone on the force. 

How Can I Prove Intoxication in My Case When There Was No Arrest?

The level of proof needed to hold someone criminally responsible is much higher than the level of proof needed to show civil liability. Even if there is not enough evidence to charge the driver in criminal court and prove beyond reasonable doubt that they were intoxicated, a jury in civil court may still find that it is more likely than not that they were intoxicated. Witness testimony is often important.