Civil Litigation and Personal Injury Assesment

Civil Litigation and Personal Injury

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Date:Civil Litigation and Personal Injury Assessment

Civil refers o private entities of disputes resolved in courts that do not involve criminal law. A civil litigation lawyer is called a litigator. Personal injury assessment is an example of a civil litigation case .In this scope, forensic assessment may be a matter of requirement. Forensics assessment refers to the application scientific principles and techniques to matters of investigation in criminal justice on, collection, examination and analysis of physical evidence. Forensic scientists are expected to uphold all ethical aspects of legal proceedings to ensure, robust case examination strategies for effective and efficient detection of the current disability on research.

An example of forensic assessment involves the study of medical malpractices. Such include the causes of chronic pain, death, minor injuries and sexual abuse cases. In such scenarios, the defendant who are the accused; the hospital faces trial from accusations filed by the prosecution; the claimant that seeks intervention from members of the jury in passing a verdict that supports their cause of interest. In this case, the cause of action is majorly compensation towards a viable practice gone wrong preferably as a result of medical negligence that would have otherwise been prevented earlier.

A forensic scientist in such a case is expected to draft a report citing the relevant standards of care that were to be amplified to prevent such ordeals with regard to the stipulated recommendations of the required cause of treatment subscripted to the claimant. They are supposed to outline the immediate shortcoming that might have led to the mistakes that had been done. In addition they are expected to draw a conclusion expressing what considerable cause of action should be imposed to reverse the outrageous effects of the wrong diagnosis.

A similar case where forensic assessment is a non –negligible concern is on civil competencies. Such an example involves the testamentary capacity of individuals who are to stand before the jury. Here the accused may undergo tests to determine the level of sanity; whether their current mental of stature may have resulted to the case they stand trial against. The litigators of the defendant may argue that their client was not in a level of sanity where they would be able to decipher the right and wrong cause of action that they were expected to have exercised at the moment of the eventual incident where the crime happened. The prosecuting party in this case is expected to present any prospective information that would dislodge the claim of insanity, thus the introduction of a forensic scientist.

Here the scientist is studies the past medical history of the accused with request from the courts requisition. To do this a crucial level of scrutiny is applied to ensure clear results to adjourn or give verdict on the issue of concern surrounding the claim in the court proceedings. Hence forensic scientists may summon and investigate other respondents or witness as collateral testimonies in the research to aid in formulating a foundation to which suspected causes may be analyzed.

Nonetheless such strides of seeking help from the forensic research department, due to the ethical democratic professionalism, may result to proving the innocence of the accused if results are tampered with thus a limitation. Eventual research by the scientists group regardless of evidence presented may disrupt the expected jurisdiction if the outcome of the results disregard the physical evidence .Therefore as much as forensic scientists may lead to the sealing of a case it may act contrary to the expectations of the prosecuting side of the case by aiding the defendants freedom .This outcome of events may lead to imposition of fines on the prosecution team if the defense asks for such litigation action to be imposed.

References

College, J. (2012). Guidelines for the Asessment of General Damages in Personal. Oxford University.

Rodgers, R. (2012). Clinical Asessment of Malingering and Deception. Guilford Press.

Tinari, F. D. (2016). Forensic Economics. Springer.