Five Things to Think About Before Filing Your Case

Posted on March 30, 2012 by Matt Powell

Filing a lawsuit against someone who has wronged you or a loved one in some way is a just and worthy consideration.  This is especially true if you have faced great loss – emotional, physical or financial – due to what the other individual or entity did (or failed to do).  However, there are a few things to keep in mind before you go through with the filing of the lawsuit.

Take it Seriously. Even if it would seem a petty case to others, the courts will take every lawsuit very seriously and so should you.  After all, there is much at stake; time and money are being spent to reach a conclusion.

Have Good Support. The average individual does not have a firm grasp on the legal process, which is why attorneys are in school for so long before practicing law.  When you are facing a lawsuit, regardless of which side you are on, having a trustworthy, experienced attorney is key to success.

Be Upfront. While you may not want to share your every fault in the courtroom, those skeletons in the closet are likely to make an appearance anyway, as the opposition tries to negate your reliability.  So, be upfront with your attorney and discuss those secrets, knowing that you have attorney-client privilege on your side.  This will make it easier for him or her to represent you well and keep you both prepared in case something is said in the courtroom.

Court Cases are not Just About Money. One thing that will surprise many people is the amount of time that it takes to win a court case.  Time will be spent on meetings with the attorney, tracking down pertinent information, court dates, negotiations, and more.  Be prepared to put in the time to make the case a success.

Money Does Matter. Though the majority of people would not be able to afford the expense of a court case out of pocket, one must ask him- or herself how much it will cost not to proceed.  Many times, attorneys will offer representation, collecting their fees only after the case is won.  Ask these questions of the attorney and be honest with yourself before moving forward.

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Tips for Keeping Your Composure in Court

Posted on March 28, 2012 by Matt Powell

When a person prepares for a looming court case, there is often a lot of emotion running rampant inside the body.  This can include nervousness, but that is far from all that these individuals frequently face.  Very frequently, these cases are filled with anger, resentment, sadness, and even guilt.  As a result, keeping one’s cool in the heightened atmosphere can be a challenge and the opposing team of attorneys may try to use that against you.  There are three key things to keep in mind as you attempt to prove your side of the story is the most accurate.

Maintaining that Humble Feeling. Generally, when a person first walks into the courtroom, there is a humble feeling that washes over him or her.  Whether it is a result of the physical appearance of the room, the formality of the proceedings, or the knowledge that your fate is in the hands of others, this is a feeling to embrace.  It will prevent you from making embarrassing faces or gestures in response to what others may say during the case, which could be interpreted poorly by the judge or jury.

Speaking with Respect. The knowledge that the decision made as a result of the testimony given should keep you humbled throughout.  It will also remind you to speak with respect, using terms like “Sir,” “Ma’am,” and “Your Honor.”

Stay Calm. Though it is easier said than done, finding ways to keep your stress levels and emotions in check is essential in the court room.  Though some sadness or even anger might play well to your case, you must be able to think and act rationally in the setting, so it is important to be able to set that aside temporarily in order to make your point in a sound and respectable way.

If all else fails and you feel that you are “falling apart” and losing your ability to remain calm, then look to your attorney and mimic his or her actions.  These trained professionals have learned how to remain composed, even in the midst of the most frustration-filled moments.

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When Myths Can Make You Look Bad

Posted on March 26, 2012 by Matt Powell

Every day, in our lives, we encounter lies, inaccuracies, and myths.  Part of the responsibility of being an adult is being able to recognize the truth among all bits of information that fall short.  However, inevitably, there will come a time when our censoring falls short.  This is even more common in youth and one young man’s belief in a major myth brought a courtroom to laughter recently.

The eighteen-year-old man was picked up by Stettler police in Alberta, Canada when stopped on the roads.  He had attempted to run from the vehicle after being pulled over.  Police claimed that his car swerved all over the road, giving them reason to pull him over and subsequently chase him down.  He was immediately tossed in the back of the car and escorted to the jailhouse.  It was during that short ride that the young man did something totally unexpected.

Knowing that he would be forced to take a breathalyzer test when arriving at the station, David Zurfluh acted quickly and attempted to minimize the alcohol in his system.  How would one do that in the back of a police car?  This teenager thought it best to eat the cotton underwear that he was donning that day.

Zurfluh claimed that he thought the cotton would absorb some of the alcohol that he consumed that evening. Though Zurfluh was acquitted, he would not live down his day in court, where the courtroom burst into laughter upon testimony of the man’s actions in the back of the squad car.

This was not the smartest way to beat the breathalyzer test.  The only way that you can be sure to blow an alcohol level under the legal limit is to refrain from drinking when you are going to be driving.  Zurfluh got lucky but his name will long be tied to courtroom humor in his area.  Don’t be foolish and fall for the myths around this topic.  Be smart and get the help of an attorney if you do find yourself in trouble with the law.

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Civil Law Versus Criminal Law: Do You Know the Difference?

Posted on March 23, 2012 by Matt Powell

Going to court is intimidating enough as is, but not knowing what to expect can leave you even more vulnerable.  Understanding the basics of the law system is the first place to start.  For instance, do you know the difference between a civil case and a criminal case?  Both heard regularly in American courts, they serve very different purposes.

Civil Cases In order to be heard in court, a civil case must begin with an individual or entity filing a claim against another.  This reason for the filing is that the Plaintiff (he who files the case) feels that another person or entity has failed to act out a legal duty, thereby causing harm or injury.  The harm can be physical, mental, financial, or a combination of those things.  These cases are frequently settled outside the courtroom and can result in the defendant being required to fulfill the duty or to pay for damages caused by failure to do so.  The decision will depend on the particulars of the case, if the defendant is found guilty, and what the judge or jury feels that the Plaintiff deserves.

Criminal Cases Unlike a civil case, a criminal case is not filed by the victim.  In fact, there may not even be a “victim” in some criminal cases, such as those brought to court for driving while under the influence.  It is a government representative that stands in on behalf of the American public to argue why the accused party is guilty of the crime.  If found guilty, the defendant’s sentencing may involve monetary fines, jail time, probation, or some combination therein.  This is not to be paid to a victim, but rather serves only as a punishment for an illegal act.  A person or entity found guilty in criminal court can still be brought to trial in civil court, as a victim aims to collect damages.

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Courts Being Forced to Decide the Rights of Prisoners

Posted on March 21, 2012 by Matt Powell

There has been a trend recently in the news, it would seem.  More and more often, there are headlines suggesting that family members of prison inmates are suing on their behalf after they die while in custody.  In 2008, there were more than three thousand deaths in prison reported.  While many might suspect that the vast majority are due to suicide, homicide, or inappropriate drug use, the truth is that more than half of those deaths were a result of heart disease or cancer.  Families of the inmates are publicly inquiring, more and more often, if the prison staff did all they possibly could to prevent the deaths.

A lawsuit has recently been filed after an inmate, Billy Duane Foster, died while being held by the Sevier County Jail.  After suffering repeated seizures, the nurse on duty at the jail ordered that the inmate be taken to the hospital for treatment.  However, the supervisor overruled the decision and Foster did not receive further medical treatment.  He died shortly thereafter.  Though the cause of his death was ruled to be heart disease, the autopsy also revealed that an underlying seizure disorder played a large part.

His family is now suing on the basis that the death could have been prevented, had Foster been sent to the hospital as initially ordered.  The courts, with an increasing number of cases like this, must now make important decisions regarding the quality of medical care inmates deserve and also regarding the level of responsibility placed on the jail staff.  Does a man, found guilty of illegally trafficking the narcotic, Oxycodone, deserve a trip to the hospital?  What about the man that died earlier at the same jail?  He passed away after overdosing on Hydrocodone.  How much did the staff of the jail owe to him at that point?  These are questions that are now being addressed.

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Who Are You “Dating”?

Posted on March 19, 2012 by Matt Powell

Are you searching online for love?  If you are, you are like millions of people who have taken to the internet in search of a lasting relationship.  Unfortunately, the companies that build the popular dating service websites are not always as reliable or trustworthy as they would claim.  A recently filed lawsuit in British Columbia, Canada is a reminder that there is no one policing what people of companies say online in search of dishonest claims.  There are no laws in place to defend online daters for inaccurate claims about potential suitors and one family argues that some are being drawn in with photos of people who are not even in the market for love; possibly not even living.

The family of United States Army Lieutenant Peter Burks has filed a case against two companies – Plenty of Fish (POV) of Vancouver and True.com of Dallas, Texas.  They claim that a photo of their son was used to advertise the online dating service, despite the fact that Burks was killed in duty in 2007.  The sad loss of their son, while he was in Iraq, was hard enough for the family to deal with, but, then, when a friend pointed out the image of Burks in uniform with the text “Military Man Searching for Love,” it was too much to bear.

Father, Alan Burks, has stated that the image was taken just before his son lost his life in Baghdad and that they had posted the very same image on their website – a non-profit organization to collect goods and supplies for troops in war zones as a memorial to Peter Burks.  Information regarding how long this, and a similar ad, which read “Soldiers Want You!” ran and where the image was obtained has not been released.  It is certain, though, that this case will have many online daters questioning what they see on the websites from now on.

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Double Trouble

Posted on March 16, 2012 by Matt Powell

Something that many do not realize about the law is that people who commit horrible crimes can be tried two separate times and may pay for their injustices in two different ways.  The cases most recognized are the criminal cases in which the judge or jury finds the person guilty and not-guilty of the charges brought against him.  This can result in the party facing extended jail time, involuntary psychiatric hospitalization, or even the death penalty.  However, the process does not end there.

The same man or woman can be tried again in a civil case.  This is exactly what is happening to Richard Gordon.  The man who is facing life in prison after murdering his neighbor, thirty-two year old Joseph Clifton, will not report to a courtroom again.  The plaintiffs in the case are the survivors of Clifton, who was shot three times in his own driveway and in front of his two-year-old after a neighbor dispute over a plow.  The family is seeking damages for Clifton’s loss of life, medical expenses, and funeral expenses, among other things.  They are also hoping to be compensated for their own pain and suffering after losing their loved one, prematurely, in September 2009.

Though he is already paying one price, foregoing his freedom, Gordon could also stand to lose much more if he is found guilty of wrongful death.  Gordon did admit to his wife, the testimony reported in the first case, that he killed the other man after getting upset by the fact that he could not move his plow due to another dispute over driveway access with another neighbor.

This serves as a reminder to those who have ever considered or acted on thoughts of mistreating, harming, or killing another human being.  The price is much larger than some may believe.  Even if Gordon does see the light of day again, he will, very likely, also face poverty as a result of his actions.

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Is It Better To Opt For A Class Action Case?

Posted on March 14, 2012 by Matt Powell

If you believe that you have a case against a company over an accident that caused serious injury to you or a loved one, or even the death of a loved one, then you will likely consult an attorney.  However, if there were several parties injured or killed as a result of the same accident, then there may be a better option for you and them to make your chances of winning the case even better.

Class Action Lawsuit Defined. The people who consider this option were part of the same accident or were harmed by the same product as many other individuals.  This can include mass marketed products, pharmaceuticals, motor vehicle defects, explosions, mass transit accidents, and much more.

Why File a Class Action Lawsuit? The purpose of the class action lawsuit is to provide a victim the means to take on a very large company or organization in the courtroom.  This is especially true if the injuries or suffering was not considered to be substantial enough to win a case on one’s own.  However, there will generally be a representative that stands up as Plaintiff on behalf of all “victims” in the case.  This individual is generally referred to as the “lead plaintiff.”

The benefits of filing a case in this manner are numerous.  First and foremost, it is a very efficient way of winning the damages deserved.  Rather than burying the courts in a huge volume of similar cases, all of them can be settled at once.  The amount of damages won will be divided among the parties involved.

Drawbacks of Class Action Suits. There are a few reasons why a person would decide not to file a class action suit.  For one thing, the decision of the class action suit is final and denies a person the ability to later file an individual case.  The only chance of collecting damages, then, is to file and hope to win an appeal as a part of the group of plaintiffs.  Another drawback is that the payout may be smaller than what one could possibly win in an individual case.  However, this isn’t always bad, as it may be smarter to settle for less than nothing at all, if the individual case in unlikely to prevail.

Notifying Potential Plaintiffs. If you decide, with the assistance of a well-trained attorney, to file a class action lawsuit, then notification will have to be sent to every potential class member.  Though this may not mean reaching out to each individual personally, the court will likely order that, through the attorney, you aim to inform all possible plaintiffs via mass media – television, newspaper, etc.  These individuals can then “opt in” (be a part of the case) or “opt out,” unless the latter option is not provided, which will be decided by the factors of the case.

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When Sporting Events Go Horribly Wrong

Posted on March 12, 2012 by Matt Powell

Hundreds of wrestling fans gathered in June 2011 for the Coliseum Championship Wrestling Show, which was to feature a highly charged battle between John Miller and Clinton Woosley.  The match-up received a fair amount of attention after Miller was seen on a televised game show called “Love Games.”  Many of the longtime members of the association and fans were hoping to see Miller go down and they got what they wanted.  However, that was not the plan at the start of the event.

 Most sporting events are open to chance.  They are meant to be a meeting of opposition to battle it out to determine who has the greater talent and mental fortitude.  Wrestling is one of the few exceptions.  Much like a beautiful ballroom dance, this sport is well choreographed with each of the participants well aware of the outcome before the “fight” takes place.  The script defends against serious injury and also promises to get the crowd pumped up.

Unfortunately for Miller, just 23 years old, this “fight” did not go as planned.  Woosley, apparently upset with the planned outcome, decided to go against the script and landed a hard kick to Miller’s testicles.  The power behind the blow did not allow Miller to regain his composure.  Instead, the young man was taken to the hospital where it was decided that his right testicle would have to be removed.  This procedure would cost Miller more than $20,000 after it was discovered that he did not have appropriate health insurance.  In addition, the loss of the testicle would leave him susceptible to several significant risks, including arthritis, decreased libido, and loss of muscle mass.  Furthermore, the chances of him being able to bear children would be greatly diminished.

Now, after the surgery, Miller is seeking damages for his injury.  There are three defendants named in the case – Clinton Woosley, Sam Crosby (event promoter), and the Coliseum Championship Event Affiliation.  One man’s actions will likely cost several individuals a great deal of money and another man much, much more.

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Is It Possible To Keep The Details Of Your Lawsuit Quiet?

Posted on March 9, 2012 by Matt Powell

One of the concerns that many people have when considering filing a lawsuit is that of having personal information placed on public record.  With many Americans practicing a very private lifestyle, this can be a very intimidating factor of a case, especially if the details of the case are particularly invasive.  Though most cases will be filed as public information, there is the possibility that the courts can rule a case be “sealed.”  This means that the details are kept to those parties directly involved and no one else.

A case in Connecticut, recently, has brought this idea of sealing cases to the forefront again as media presses and prods for information about a 15-year old girl who was reportedly the victim of a gang rape.  The Judicial Branch of the state has refused to give public justification for their decision to seal the case, even after a 2003 incident led to the judicial officials altering the practice of sealing cases.  This came after courts denied knowledge of cases considered to be “super sealed.”  Though this level of privacy is no longer practiced, “sealed” cases are a possibility.

The New London case was given this status on December 9 and will remain protected indefinitely, unless the “sealed” status is overturned by the state courts in the future.  The case, which has been filed against seven teenage boys and their parents, will now be heard by the New Haven Superior Court.  The Plaintiff and her mother argue that the parents did not take proper action to supervise their boys.  The accusations claim that the seven boys were in middle school when they partook in illegal sexual acts on the girl at a New Year’s Eve Party in 2009.

It is understandable why a case like this, involving minors and very serious accusations, would be kept quiet. While “sealing” a case is not always an option, there is also the possibility that the judge involved could rule that the documentation contain only pseudonyms or blacked out names to protect the privacy of the participants.  If you feel that your case justifies such action, then you should speak to your attorney regarding the protocol for requesting such action.

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