Archive for May, 2007

How to Win in Small Claims Court

May 29th, 2007 by Keith Tutera

Most likely you’re not looking forward to your cameo in small claims court, and who could blame you? Long lines, little experience, bad blood, and shot nerves don’t exactly make for a leisurely trip to the courthouse. The following are some suggestions to help strengthen your case, and hopefully temper your frustrations:

1. Be on time, or be sorry. “On time” does not mean less than 10 minutes late, or five minutes late, actually, it means be early.

2. Be organized. It may sound like a no-brainer, but many a smart first-time small claims court comer has found himself tongue-tied and twisted when it was his turn to address the court. Organize the following two main areas carefully:

  • Your argument. An organized argument should sound like a well-told short essay. It should have a quick introduction, a body, an ending, and should preferably be told in chronological order. A good rule of thumb is to do as follows: tell them what you’re going to tell them, tell them, and then tell them what you just told them.
  • The evidence. Make sure everything is signed and dated and bound in a neat fashion (i.e. stapled, paper-clipped, etc). You may also want to use a colored highlighter to draw attention to the portions of the evidence you think are most relevant to your case.3. Dress appropriately. Most judges consider themselves experts at sizing people up quickly. Anything you can do to help better present yourself is invaluable. Wear a suit if you have one. It doesn’t ensure that you’re going to win your case, but it definitely can’t hurt.4. Behave appropriately. Again, sounds like a no-brainer, but if you’ve ever seen Judge Judy or The People’s Court you know it’s easier said than done. Try to stick to your prepared argument and refrain from making personal attacks. This may help make you more sympathetic in the judge’s eyes. Also, be sure to refer to the judge as “Your Honor” each and every time you address the bench.

    5. Practice makes perfect. As many a writer knows, we all sound like geniuses when we’re sitting alone in the dark in front of our computer. Once you believe you’ve prepared a satisfactory argument, practice it repeatedly, and make sure to bounce it off of a friend. An objective person will be able to spot holes in your argument, and help you hone it in. Once they do, it’s important to be honest with yourself about your argument’s weaknesses. A willingness to deal with them will make your argument stronger.Also, because you don’t know how much time the judge will allot to your case, be sure to have your talking points memorized so that you can speak briefly, if necessary.

    6. Witness 101. Whenever possible, it is preferable to bring a live witness. (Bringing in dead witnesses seldom goes over well.) If you cannot bring a witness with you, be sure to bring a signed statement.

    7. Listen to your adversary’s argument. Though it may be painful, listening to your opponent’s argument will allow you to spot holes in what he/she’s saying, thus allowing you to use their own force against them like a trained Judo Master. You also need to make sure to listen to their allegations so that you can provide an explanation when it is your time to speak. Which brings us to #8.

    8. Wait your turn to speak. You’ve seen Judge Judy– there’s no quicker way to get on a judge’s bad side then to constantly be interrupting. Despite your fears, YOU WILL BE GIVEN AN OPPORTUNITY TO RESPOND, so do yourself a favor and wait patiently.

    9. Think before you speak. Once it’s out of your mouth, it’s in the court record. Don’t make the mistake of getting caught up in the drama of your opponent’s allegations and saying something you don’t mean. Instead, take a deep breath and then proceed with caution.

    10. Be more reasonable than the next guy. Conceding a point may lose you the battle, but ultimately help win you the war. Judges listen to people who are sure that they’re right all day. Being reasonable will help you stand out and perhaps help win the judge’s favor, and ultimately, your case.

    So are you ready to collect your propers? Get what’s due you? While we can’t assure that following the preceding ten steps will win your case, they will help you to conduct yourself in a way you can be proud of. So prepare yourself, and good luck!

    • Posted in Miscellaneous Legal Topics | No Comments »

    Lead: The Equal Opportunity Toxin

    May 29th, 2007 by LawGuru Staff

  • What is Lead Poisoning?Lead poisoning, also known as saturnism, plumbism or painter’s colic, is caused by increased blood lead levels as a result of exposure to lead in the environment. Lead is a neurotoxic metallic element that can be absorbed by the body, usually through the lungs and stomach. When too much lead accumulates in the body, lead poisoning can occur. Generally, it happens slowly, resulting from the gradual accumulation of lead in bone and tissue after repeated exposure. Kids are especially vulnerable and are known to absorb 50% of a lead ingestion while adults absorb only 10%. Although lead is no longer used in paints, gasoline, water pipes and other products, some lead-based products still exist and may pose a health hazard. In addition, lead has staying power and much lead remains in the environment years after its initial use.
  • What are the dangers of Lead Poisoning?Left untreated, lead poisoning can damage many internal organs, including the kidneys, nervous system and brain. Because of the possibility of permanent impairment, lead poisoning is especially dangerous for infants and children younger than 7 years. The earlier that treatment is sought, the greater the possibility of reducing damage.
    A common misconception is that lead poisoning affects only the urban poor. While exposure risk is higher in deteriorating inner-city neighborhoods, this disease has been known to affect all socio-economic groups. Upper and middle-class children can become exposed to lead dust during renovations of older homes. Exposure to even low levels of lead can cause damage over time, especially in children.
    Complications resulting from lead poisoning differ in children and adults and should therefore be addressed separately. The primary known risks to children are: poor muscle coordination; learning disabilities; nervous system and kidney damage; decreased muscle and bone growth; speech, language and behavior problems; and hearing damage. The primary known risks to adults are: pregnancy complications, including miscarriage, preterm delivery and stillbirth; damage to sperm-producing organs in men; memory and concentration problems; high blood pressure; digestive problems; nerve disorders; muscle and joint pain; and cataracts.

  • Legal IssuesMillions upon millions have been affected by lead poisoning. Many suffer permanent injuries and require ongoing medical treatment. Lawsuits are often brought by lawyers on behalf of children who have sustained lead poisoning from lead paint. Fortunately, jurisdictions often have a very long statute of limitations for lawsuits filed by children, some lasting five, ten, or even twenty years. This means that even if a child sustained lead poisoning up to twenty years ago, the attorney representing him would still be able file a law suit against the landlord or builder.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from this terrible affliction is in the hundreds of millions of dollars.

  • Your RightsIf you believe you’ve suffered health problems due to lead poisoning, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in these types of cases. You can search the LawGuru Attorney Directory for a personal injury lawyer in your area. Or, if you have additional questions about lead poisoning and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury | No Comments »

    Ephedra: Chinese Medicine or International Killer?

    May 29th, 2007 by Keith Tutera

  • What is Ephedra Ephedra (Chinese: ma huang) is an alkaloid chemical compound traditionally obtained from the plant Ephedra sinica, an Asian evergreen shrub. Its principal derivative, ephedrine, has many of the characteristics of an amphetamine and has been used as a decongestant and for temporary relief of shortness of breath caused by asthma, nasal decongestant, and minor eye irritation. In traditional Chinese medicine it is used for asthma, hay fever, and even the common cold.
    Ephedra in its “natural” form is often sold as a major ingredient in dietary supplements. People have taken such dietary supplements containing ephedra in the hopes that it will boost energy, help them lose weight, or enhance their athletic performance.
  • What are the dangers of Ephedra? In April of 2004, Ephedra was banned by the FDA because it was found unsafe to use. The amphetamine-like stimulant, which speeds the heart rate and constricts blood vessels, has been found to produce the following adverse reactions in its users: strokes, heart attacks, vomiting, psychiatric symptoms such as anxiety and change in mood, autonomic hyperactivity, palpitations, paranoid psychosis, depression, convulsions, coma, fever, vomiting, hypertension, seizures, respiratory depression and death. It has also been found to increase the risk of nausea 2-3 times more than a placebo.
  • Legal Issues Ephedra has now been linked to hundreds of deaths, including that of Baltimore Orioles pitching prospect Steve Bechler. Many others suffer permanent injuries and require ongoing medical treatment.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from this terrible drug against companies like Metabolife who make products containing Ephedra has reached the tens of millions of dollars and is climbing fast.

  • Your Rights If you believe you’ve suffered cardiovascular problems or other harmful side effects due to Ephedra, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in Ephedra related cases. You can search the LawGuru Attorney Directoryfor a personal injury lawyer in your area. Or, if you have additional questions about Ephedra and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury, Product Liability | No Comments »

    Paxil: The Depressing Antidepressant?

    May 29th, 2007 by LawGuru Staff

  • What is Paxil?Paxil, manufactured by GlaxoSmithKline, is one of several selective serotonin reuptake inhibitors (SSRIs) on the market. Paxil is prescribed for depression, generalized anxiety disorder, panic disorder, obsessive compulsive disorder, post traumatic stress disorder, and social anxiety disorder. The idea behind Paxil is that it increases levels of serotonin in the spaces between brain cells thereby allowing more efficient transmission of electrical signals to the brain, which result in a patient’s increased sense of mental happiness.
  • What are the dangers of Paxil?Several studies have found that SSRI drugs have serious side effects, but that Paxil has a greater risk of side effects than other SSRIs. Paxil has been the subject of FDA warnings on suicide in children and adolescents and for the danger of birth defects. A recent study has even attributed a new form of birth defect to Paxil.The list of side effects that have been found to be associated with Paxil are incredibly numerous. Some of the most common are: restlessness, irregular heartbeat, sweating, depression, anxiety, muscle pain, irritability, irregular orgasm, aggression, and suicidal attempts. It has also been discovered that Paxil and other SSRIs can cause a condition called akathisia (severe inner restlessness) that in turn is associated with suicidal tendencies, as evidenced by its inclusion into American Psychiatric Association’s bible, the Diagnostic and Statistical Manual of Mental Disorders, or DSM IV.

  • Legal IssuesGlaxoSmithKline (GSK) has been sued not only by individuals seeking personal injury claims, but also by the state of New York, which alleged that the company concertedly hid studies that reflect badly on the drug and furthermore has accused Glaxo officials of misrepresenting data. New York’s attorney general Eliot Spitzer has taken the case to the New York Supreme Court.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from Paxil has reached the tens of millions of dollars.

  • Your RightsIf you believe you’ve suffered any of the aforementioned harmful side effects due to Paxil, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in Paxil related cases. You can search the LawGuru Attorney Directory for a personal injury lawyer in your area. Or, if you have additional questions about Paxil and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury, Product Liability | No Comments »

    Vioxx: From the Shelf to the Senate Floor

    May 29th, 2007 by LawGuru Staff

  • What is Vioxx?Vioxx, generic name rofecoxib, is a COX-2 selective nonsteroidal anti-inflammatory drug (NSAID). Vioxx is a prescription medicine prescribed primarily to reduce acute pain in adults, inflammation and stiffness caused by osteoarthritis, painful menstrual cycles, rheumatoid arthritis and certain forms of juvenile rheumatoid arthritis, and to treat migraines.
  • What are the dangers of Vioxx?On October 1, 2004 Vioxx was voluntarily taken off the market in the largest prescription drug withdrawal in history. A study found it doubled the risk of having heart attack or stroke. Moreover, Vioxx has also been linked with several other deadly side effects, including nonbacterial meningitis, kidney damage, severe intestinal damage, angina, ulcerations, internal bleeding blood clots, and toxic epidermal necrolysis (TEN), a fatal skin disease.
  • Legal IssuesThe first Vioxx-related personal injury lawsuit against Merck ended on Aug. 19, 2005, when a Texas jury found Merck liable for the 2001 death of a man who had taken the medication and awarded $253.5 million in compensatory and punitive damages to his widow.Since then, many lawsuits have been filed against Merck. Several scientists testifying before the Senate Finance Committee provided substantial evidence that the drug company Merck and the US Food and Drug Administration (FDA) knew of dangerous safety concerns years before the drug Vioxx was withdrawn from the market. A large ripple effect has ocurred, as many no longer trust the FDA, believing that the FDA has gotten too close to drug companies and are unable to act on behalf of the public at large.The liability resulting from lawsuits brought by the families of the men and women who have suffered deadly side effects from this terrible drug has reached several hundred million dollars.

    If you believe you’ve suffered cardiovascular problems or other harmful side effects due to Vioxx, you may be entitled to damages. You can look for an attorney here:

  • Your Rights If you believe you’ve suffered cardiovascular problems or other harmful side effects due to Vioxx, you may be entitled to damages. To determine your rights, you should contact a personal injury attorney specializing in Vioxx related cases. You can search the LawGuru Attorney Directoryfor a personal injury lawyer in your area. Or, if you have additional questions about Vioxx and your situation, you can ask a free question of the LawGuru Attorney Network in our Knowledge Base.

    • Posted in Personal Injury, Product Liability | No Comments »