Lawsuit Finance Blog

The family of a new mother, who drowned in a Georgia hospital bathtub in 2000, has been awarded $5 Million by a Gwinnet County jury. Wendy Wyckstandt was 34 years old, suffering from postpartum high blood pressure, and too weak to shower without nurse assistance. She was left alone in the shower, apparently collapsed, and was found later by her mother. She died the next day. A wrongful death lawsuit was filed two years later

The family's attorney, Jeff Harris, indicated that the hospital altered medical records, hid evidence, and used delay tactics to extend final resolution of the litigation to eight long years after the incident. I am certain that the award is sweet justice for this unfortunate woman's family. "The hospital is still trying to dodge responsibility", said Harris. A hospital spokeswoman said that nurses did properly check on their patient and no one tampered with evidence. She indicated that the hospital plans an appeal.

This case is illustrative of the tactics that a corporate entity will resort to to cover up its negligence and delay justice. Mr. Harris did a fine job of uncovering apparent evidence tampering, especially pursuing surveillance tapes (which contained a mysterious "gap") which assisted in persuading the jury that the hospital was guilty of negligence and tampering. It has, obviously, been a long, hard battle for him and it is not over yet. I wish he and the Wyckstandt family good luck in their pursuit of justice.

This case demonstrates the truth of some of the advice we have provided in prior lawsuit finance blog posts. This case has been pending for eight years and counting. Medical Malpractice Cases, Hospital Neglect Cases, and Nursing Home Neglect Cases are hard fought, difficult cases that can take years to resolve. If victims require lawsuit funding, these cases qualify, and the time and effort needed to successfully pursue these cases make them good candidates for legal finance services. It is important to remember that Lawsuit Financial Corporation is one of the few legal funding companies that provides capped rates. Attorneys and victims who utilize lawsuit financing services need to consider this important factor when seeking funding on a piece of litigation that could take 8 years or more, like this one has. Endless monthly lawsuit funding increases, over such a long period of time, could make a case like this hard, if not impossible, to resolve. A company that caps rates (or compromises them when necessary) is the best solution for long-term litigation situations.

Lawsuit Financial provides capped lawsuit financing for Medical Malpractice Cases, Nursing Home Neglect Cases and many other types of personal injury litigation. Call us, toll free, at 1-877-377-SUIT (7848) to discuss your case funding situation or contact us on the web at www.lawsuitfinancial.com. The call and the advice are absolutely free.

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Legal Funding Case of the Day

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Here is the last installment of our seven "Things to Consider When Your Client Seeks Lawsuit Funding". Experience is a vital part of the litigation and litigation funding process. There are many different legal finance companies to choose from. You must ask the right questions to assure that you are getting the lawsuit financial expert you deserve. So...the final question of our series is:

7. Does the legal finance company have the experience necessary to appropriately assist you and your client through the legal funding process?

The lawsuit finance industry has experienced explosive growth over the past few years. There are now, literally, hundreds of companies that call themselves “lawsuit funding”, “litigation funding”, “legal finance”, “lawsuit finance” companies or some variation of those word combinations. Thus, you will encounter significant differences in legal funding and legal experience that the principal brings to the lawsuit finance marketplace.

It is strongly recommended that you ask questions of the lawsuit financial company you are about to engage. How long has it been in business? Does it specialize in legal funding? (Is this the only thing it does?) Is the company a broker or a principal? Is the company operated by financial people or by lawyers? (Is the “lawyer” is an experienced veteran and an owner and not just a figurehead?) What experience has the lawsuit funding company had in funding transactions, settling transactions, compromising transactions and/or representing plaintiffs in pending litigation? What strategies does the company representative recommend for your client when pursuing a litigation funding transaction?

An experienced legal finance company and company representative can be a substantial asset, not only to providing case funding for your client, but, to the appropriate case resolution, as well. Hopefully, this blog series has been of assistance to those of you who find yourselves being introduced to the legal funding process by your client and/or a company that your client has discovered through an advertisement or the Internet. The seven criteria are not exhaustive, but are certainly instructive in choosing an appropriate lawsuit finance company. Above all, satisfy yourself that the company has the credentialed experience to guide you and your client through difficult litigation, a sometimes confusing financial process, and, most importantly to the client, through difficult financial times. The right lawsuit financial services company can make a huge difference in the bottom line of your client’s case.

Lawsuit Financial Corporation is your legal funding industry expert. Call us, toll free, 24 hours a day, at 1-877-377-SUIT (7848) for a free analysis of your case funding situation. Or, contact us by visiting our website at www.lawsuitfinancial.com.

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Posted In: Lawsuit Funding Tip of the Day

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The family of a motor cycle club member who was Tasered to death by the San Jose Police has filed a $20 Million dollar federal court lawsuit against the City of San Jose, its police chief and the company that made the electric stun gun. The lawsuit alleges that Steve Salinas, 47, was beaten excessively and Tasered to death despite the fact that he was unarmed and did not resist. The suit also accuses charges that police training and policies encourage racial profiling and violence against those racially profiled. The incident occurred over one year ago and police involved have continued to maintain that Salinas did resist arrest and that they used appropriate police procedures restrain him.

The county coroner's office ruled that Salinas, who apparently had a pre-existing heart condition, died of cardiopulmonary arrest during a violent physical struggle while under the influence of PCP. The medical examiner opined that the Taser stunning was an "other significant condition," but fell short of saying that it was a contributing factor to his death.

Since 2004, there have been many similar incidents involving Tasers, citizens and the San Jose Police; 5 deaths have occurred and similar lawsuits have been filed. San Jose police say that Tasers are appropriate when dealing with violent suspects and have cut down on injuries and the use of firearms. In the Salinas case, a previous criminal investigation by the district attorney's office resulted in no criminal charges being filed against the officers.

The family's attorney, Dale Galipo, said "The use of excessive force against individuals by police officers is totally out of control...Since police officers are virtually never criminally prosecuted or disciplined for using excessive force, even when the force results in an individual's death, the only recourse the family has is to file a civil rights lawsuit against the involved police officers and the involved policy agency."

I don't know Mr. Galipo, but I have to agree with him. It is ludicrous for local government agencies to investigate and prosecute the conduct of "one of their own"; it is, in my humble opinion, a conflict in interest. There have been many instances where a finding of no criminal responsibility, with or without criminal charges being filed or a criminal trial being held, has not prevented the filing of a civil lawsuit and/or the award of substantial money damages (remember O.J.?).

Police Misconduct or Brutality cases are difficult cases that often result in serious injury or death to the victims. Lawsuit Financial has provided legal finance to several victims of police misconduct and has particular expertise in evaluating and funding these types of cases. For a free case funding analysis of your police misconduct or police brutality lawsuit, or any other type of personal injury lawsuit, please call us toll free, at 1-877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com.

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Legal Funding Lawsuit of the Day

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Lawsuit Financial Corporation is owned and operated by the industry expert, the most experienced legal professional in the legal finance business, Lawsuit Financial CEO and founder, Mark M. Bello. Mark's resume displays a wealth of litigation and litigation funding experience. There are many different types of people who have migrated to the lawsuit financing business. Some came from the financial industry; others, like Lawsuit Financial's CEO, came from the legal industry. Few, if any, have the combined legal and legal funding experience of Mr. Bello.

The key element to handling lawsuit funding transactions successfully, is an expert understanding of the litigation process and what plaintiffs and attorneys go through before they are in a position to resolve a case. No one in the industry has a better understanding of the process and your plight (whether you are the plaintiff or the attorney) than the management and experienced staff of Lawsuit Financial Corporation. It is also true that many attorneys and clients do not yet understand how and when to use lawsuit finance products. Attorneys tend to dislike the product; some are outspoken opponents of legal finance services. The main purpose of this blog is to educate attorneys and clients on the best use of legal financial services.

Lawsuit finance should be used as one valuable litigation tool in the attorney's litigation "tool kit". The object of any personal injury case is to maximize case value and obtain the highest case resolution possible. The reason an attorney files a lawsuit, hires an investigator, hires experts, conducts depositions and other forms of discovery, compiles documentation, files motions or makes the critical decision to settle or go to trial is, ultimately, to attempt to maximize the value of the case. All of these are important tools in the litigator's tool kit. Likewise, a strategically placed lawsuit advance can also enhance case value. If utilized properly and placed timely, a lawsuit cash advance will reduce financial pressure, caused by injury or disability, to settle the case early and cheap. By removing that pressure to settle before case maturity, the attorney and client purchase precious time to pursue the case to conclusion, often for a significant increase in case value.

Lawsuit Financial strives to educate attorneys and clients on the appropriate use of its core product. As part of this endeavor, one of our hard-working representatives came across this informative video which explains, reasonably well, how lawsuit financing is different than lawsuit loans, and how you can best utilize the services of a legal finance company. One word of caution: This video was not produced by or for our company, and Lawsuit Financial does not, typically, recommend the large funding amounts or funding ratios suggested. The timing of the advance described in the video could also be better (call us if you would like an expert analysis of your funding situation or the one described in the video). However, the video does a reasonably good job of explaining lawsuit finance services and its "best use" scenario.

Lawsuit Financial management and staff welcome your comments about the video and opinions as to whether it assisted you in better understanding our service and the best time to use it. We are the premiere provider of litigation funding services for auto accident, slip & fall, medical malpractice and construction site accident victms, or any other personal injury accident victims. We are available to answer any and all questions, free of charge, by telephone, at 1-877-377-SUIT (7848) or on the world wide web at www.lawsuitfinancial.com. Please, let us know how we can help you.

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Posted In: Lawsuit Funding Tip of the Day

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As has been stated in previous "Things to Consider" posts, lawsuit funding from some legal finance companies can hinder the settlement of a case, if the case encounters unexpected delays or is tried and appealed. Many companies charge administrative fees up front in addition to a monthly interest charge that is compounded monthly (at a deceptive, low sounding rate). It is very important to the potential resolution of your client's case for you to understand and assist in controlling the amount of lawsuit financing the case receives and the profits that a legal finance company charges. Obviously, you can't tell a legal funding company how much to charge, but you can help your client understand his/her options and to choose a prospective lawsuit financial company wisely. In order to control the cost of litigation funding, you might consider asking the potential legal finance company the following question:

6. Does the lawsuit financing company provide a profit cap on its case investment?

Very few lawsuit finance companies provide capped funding. Most legal funding companies charge “front-end” broker and other administrative fees along with monthly “interest”, all of which they compound monthly. These charges, aside from being confusing, do not stop! If the litigation becomes protracted, or worse, goes to trial and is appealed, monthly compounding, over a lengthy litigation and/or appellate process, can easily become cost prohibitive. It is imperative that you consider a case financial company that does not utilize these confusing monthly “interest” formulas and has no “up-front” administrative charges of any kind. Ask the law finance company representative if his/her company is a broker or a principal (if he/she is a broker, your client will probably have to pay a front-end broker fee, deceptively built into the funding amount, as well as monthly compounding on that fee!). Ask the lawsuit funding company if it provides simple formula, capped funding, so that you and your client will know, in advance, the maximum amount your client will be obligated to pay out of case proceeds. And, most importantly, the superior litigation finance company will also compromise the result, when necessary, to assure that principal and profit does not excessively burden case outcome.

Lawsuit Financial Corporation provides capped lawsuit financing to cash-strapped plaintiffs to prevent them from being forced to settle their valuable personal injury cases for pennies on the dollar. Lawsuit Financial does this completely contingent upon recovery; if the case fails, the client keeps our money without repayment obligation. Our legal funding is capped; you will know the maximum charge before your client executes our case investment contract and before you acknowledge our lien in writing. We will also help you settle your case by providing a reasonable compromise if or when settlement circumstances require one. We are the only legal finance company in America that promises, up front, to compromise investment returns if the results are disappointing. We provide case financing for Auto Accident Cases, Slip & Fall Cases, Medical Malpracitice Cases, Construction Accident Cases, Airplane Crash Cases, Train Crash Cases, Product Liability Cases and many more types of personal injury litigation cases. Visit us on the web at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848). The call and the information are absolutely free.

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Posted In: Lawsuit Funding Tip of the Day

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The family of an eight year old boy who was shot by an off duty police officer, has filed a police misconduct lawsuit in federal court in San Diego, CA. The lawsuit was filed against off-duty San Diego police officer Frank White, the city of San Diego, the San Diego Police Department and its police chief. It seeks damages “in an amount sufficient to punish and to make an example” and seeks changes in department policies, such as regulating off-duty officers' ability to carry firearms and implementing psychological testing for officers with blemished records.

The shooting was, apparently, the culmination of a road rage incident in Oceanside, CA. Oceanside police say that the child's mother has a .15 blood-alcohol level at the time of the incident and followed White into a Lowe's parking lot in Oceanside and sideswiped his car after he displayed a firearm. The City of San Diego is taking the position that the incident was the mother's fault. "It's really hard to understand why the taxpayers of San Diego would be required to be financially responsible for what happened", said the San Diego City Attorney. No charges have been filed against Ms. Silva.

Police Brutality or Police Misconduct cases are tough cases to prove. People simply do not want to believe that those who are sworn to uphold the law will, sometimes, break it, or, in a lesser sense, perform their duties negligently. An experienced attorney, specializing in this type of litigation is an absolute necessity. If you have a potential police misconduct case and you don't have an attorney, Lawsuit Financial can refer you to a specialist, nationwide. If you have an attorney and have filed a police misconduct lawsuit, as was the case here, Lawsuit funding may be available to you, if injury or disability caused by the incident results in financial distress. If you qualify, you don't have to wait to resolve your lawsuit to get the money you need; Lawsuit Financial will look at your case, work with your attorney, and provide the legal funding necessary to relieve the financial pressure to settle early and cheap. We also provide litigation funding for Auto Accident victims and all other personal injury victims with pending lawsuits. Call us, toll free, at 1-877-377-SUIT (7848), and talk to an experienced legal finance representative for free. Or, visit us on the web at www.lawsuitfinancial.com. We will do everything in our power to assist you.

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Posted In: Legal Funding Lawsuit of the Day

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An Illinois hospital and doctor will pay $15.35 million to settle a lawsuit filed by a woman whose son suffered brain damages during delivery in 2001. According to attorneys for the family, Cody Smithey now suffers from Cerebral Palsy and mental retardation stemming from the unsuccessful use of a vacuum extractor device. Her attorneys said it is one of the largest settlements of its kind in the state.

Vanessa Jenkins delivered her son at Valley West Community Hospital in October 2001. According to her attorneys, Salvi, Schostok & Pritchard, her labor was uneventful until Dr. Martin Brauweiler began using a vacuum extractor device, employing it 18 times in a 50-minute period without success. Jenkins had to undergo an emergency Caesarean section, after the newborn's fetal heart rate showed he was in distress.

Jenkins' lawyers at Salvi, Schostok & Pritchard said the boy suffered cerebral palsy and mental retardation as a result of medical negligence.

Lawsuit Financial can and does provide non-recourse lawsuit funding for victims of birth trauma and/or Cerebral Palsy caused by Medical Malpractice. We are one of the few lawsuit financing companies with the expertise to evaluated and provide legal finance for these complicated cases. For a free legal funding analysis of your Birth Trauma case or other Medical Malpractice case or to apply for lawsuit funding for your Auto Accident, Premises Liability, Products Liability, Construction Accident, Dog Bite, Wrongful Death, or other personal injury case, please contact us on the web at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848). The call and the advice, whether we provide legal finance for you or not, are both absolutely free of charge.

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Posted In: Lawsuit Funding Tip of the Day

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A lawsuit filed Monday in Passaic County Superior Court (New Jersey) claims that the maker of an aluminum baseball bat used to hit a line drive that struck a boy in the head and caused permanent brain damage, knew or should have known that the bat was dangerous for children to use. In the lawsuit, the family of Steven Domaleski alleges that Hillerich & Bradsby Co., maker of the Louisville Slugger TPX Platinum bat, should be held liable for the boy's injuries. The suit also names Little League Baseball,which approved the bat for use in the league and the Sports Authority, which sold the bat. The lawsuit filed by attorney Ernest Fronzuto, claims the defendants knew, or should have known, that the bat was dangerous for children to use. Domaleski suffered brain damage after the drive struck him in the chest, stopping his heart and depriving his brain of oxygen.

"People who have children in youth sports are excited about the lawsuit from a public policy standpoint because they hope it can make the sport safer. There are also those who are skeptical of the lawsuit and don't see the connection between Steven's injury and the aluminum bat," said Fronzuto.

Domalewski is severely disabled, left with brain damage after being struck in the chest by a line drive that stopped his heart. Other than the word "Yeah," which he repeats over and over, or "Dadada" which he sometimes utters when he sees his father, Steven cannot speak. He also can't walk or stand on his own, and needs help with everything from using the bathroom to eating.

A Fort Worth Star Telegram article on the incident provides additional detail. Domalewski was pitching; the mound was 45 feet from home plate and his pitch was hit right at him and slammed into his chest. He clutched his chest, started toward the ball as if to field it, and collapsed. (911 was called and bystanders and emergency crews responded immediately, but several minutes of oxygen deprivation caused permanent brain damage.

Hillerich & Bradsby said Domalewski's injury, called commotio cordis, happens more often in baseball from thrown balls than batted ones.

"Our 124-year old, fifth-generation family-owned company never wants to see anyone injured playing baseball, the game we love," the company said in a statement. "But injuries do occur in sports. While unfortunate, these are accidents. We sympathize with Steven and his family, but our bat is not to blame for his injury."

Stephen Keener, president and chief executive officer of Little League Baseball, declined comment on the case, but said in a statement, "Little League will continue its strong commitment to player safety, and we feel our well-documented record of safety in youth baseball speaks for itself." On its Web site, Little League denied that metal bats are inherently riskier.

The suit touches on a long debated issue in youth baseball programs. Several other boys have been injured in similar incidents; as to whether the injuries were more serious because of the use of aluminum, rather than wood, is at the center of the controversy. New York City and North Dakota have banned metal bats for youth and school sports; New Jersey is now considering a similar ban.

As attorneys reading this blog well know, this is a "Product Liability" case. Attorney Fronzuto will have to prove that the bat was dangerously defective; he has a long, hard fight on his hands and I wish him luck. Lawsuit Financial can and does provide lawsuit financing in product liability cases, however, this case raises an important legal issue that those in similar circumstances and looking for legal financing, must understand and consider. Because the victim in this case is a 14 year boy, he lacks the necessary capacity to enter into a legal finance agreement. Further, even if he was an adult, his brain damage would prevent him from entering into a legal funding agreement. To enter into any legally binding contract, both parties must have the capacity to contract.

The only possibility for lawsuit financing in this case would be against that part of any settlement or award paid to his parents for payment of out-of-pocket medical expenses or for that amount that reimburses them their own rendering of care to Steven. Depending upon the health insurance situation of the parents of the victim in these types of cases, medical expenses could be financially devastating and lawsuit financial services may be a financial life saver. For more information about legal finance services in these types of emotionally and financially devastating situations, please contact us toll free at 1-877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com. We will provide professional, experienced advice at absolutely no charge. Contact Lawsuit Financial Corporation today for a free analysis of your case funding situation.

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Lawsuit Funding Tip of the Day , Legal Funding Case of the Day

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This fifth legal funding tip in our series of Things to Consider When Your Client Seeks Lawsuit Funding is an extremely important consideration. It is also the feature that tends to make lawsuit financing (if litigation resolves successfully) more expensive than traditional loan products. Some legal finance Industry competitors use the term "lawsuit loan" to describe their product or service. A "loan" by definition, in all States, involves an absolute right to repay the obligation; it is not excused, even if the first choice collateral fails. So, the question is:

5. Does the lawsuit funding company provide its funds contingent upon the outcome of the litigation?

Most lawsuit financing companies provide legal funding to clients and attorneys on a non-recourse basis. This means that repayment is contingent upon the outcome of the client’s litigation. Thus, if the case fails, so does the repayment; the client gets to keep the lawsuit finance company’s money without obligation to repay. Many attorneys have complained about the cost of litigation advances, however, they need to consider the following: A superior litigation finance company invests its money in cases it has no control over, through attorneys it has (usually) no prior relationship with, for clients it has never met. Then, remarkably, it completely excuses the obligation if the case fails. Further, the superior legal finance company will also compromise its return as settlement or verdict circumstances require. Is it any wonder that a successful advance carries a somewhat expensive price tag?

Thus, most legal finance products are not lawsuit loans (despite the use of that terminology by industry competitors). Client credit-worthiness is not an issue; there are no credit checks and no monthly payments to make. No payment of any kind is required until the funded case is successfully resolved. If the legal funding company you are contemplating doing business with does not provide its service to your clients, contingent upon the outcome of the funded case, you might wish to consider another legal finance company.

Lawsuit Financial Corporation provides legal funding to litigants who have retained an attorney and filed Auto Accident, Premises Liability , Medical Malpractice, Construction Accident, Products Liability, Dog Bite, Airplane Crash, Train Crash, Employment or other personal injury lawsuits. We do so completely contingent upon recovery and in a sensible and compassionate way, in the best interests of plaintiffs, their attorneys, and their cases. The call to 1-877-377-SUIT (7848) is free and so is the advice, even if you are looking for litigation funding elsewhere. Or, please, visit us on the web at www.lawsuitfinancial.com. Our next "Things to Consider When Your Client Seeks Lawsuit Funding" post will discuss the subject of "capped" funding profits, something that very few legal finance companies offer. To be continued....

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Posted In: Lawsuit Funding Tip of the Day

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Michigan Trial Lawyer Jeff Appel pointed me to an interesting article the other day. The article, entitled "Doctors Start to Say 'I'm Sorry' Long Before 'See You in Court'" suggests that Medical Malpractice lawsuits are, in part, fueled by the refusal of doctors to admit they were wrong and their further reluctance to apologize for their mistakes.

One of the first medical providers to experiment with this "full disclosure" approach was the University of Michigan Health System, which saw Medical Malpractice lawsuits and claims drop from 262 in 2001 to only 83 in 2007. By promptly disclosing errors, then apologizing and offering fair compensation to victims, some prominent academic medical centers, like Johns Hopkins and Stanford are hoping to disarm victims and restore integrity to patient-hospital relations in medical mistake situations. The hope is that the anger that fuels contentious lawsuits will be diluted and the number of court filed Medical Malpractice lawsuits will decline. According to the above cited statistic, the approach is working.

Medical Malpractice trial lawyers say "that what often transforms a reasonable patient into an indignant plaintiff is less an error than its concealment, and the victim’s concern that it will happen again", according to the article. Hospitals are reporting decreased medical malpractice caseloads, legal cost savings and declining Medical Malpractice premiums, partially as a result of these new policies of full disclosure and apology.

According to the article, recent studies have found that one of every 100 hospital patients experiences negligent treatment, and that as many as 98,000 die each year as a result. But studies also show that as few as 30 percent of medical errors are disclosed to patients. Further, only a small fraction of injured patients, perhaps 2 percent, pursue medical mistakes by filing a Medical Malpractice lawsuit or claim. Perhaps these new policies will result in even further litigation reductions.

Plaintiff’s lawyers have long recognized that clients benefit from prompt compensation, even if it means a smaller settlement. In Michigan where I practiced law and where I currently operate the State's most popular lawsuit financing company, the University of Michigan's full disclosure policy has resulted in prompt and fair settlements for "real negligence". My friend and colleague, Norm Tucker, a Medical Malpractice trial lawyer with the prominent Southfield, Michigan lawfirm, Sommers Schwartz PC, is quoted in the article: "The filing of a lawsuit at the University of Michigan is now the last option, whereas with other hospitals it tends to be the first and only option. We might give cases a second look before filing because if it’s not going to settle quickly, tighten up your cinch. It’s probably going to be a long ride.”

So why are Medical Malpractice premiums so high? Instead of blaming the trial lawyers, perhaps physicians ought to be changing their disclosure policies and/or demanding statisics from Medical Malpractice insurance carriers.

Despite this shift in policy, Norm Tucker is correct; Medical Malpractice litigation is often a "long ride". Lawsuit funding from Lawsuit Financial Corporation can help even the odds in "long ride" litigation by providing interim, non-recourse lawsuit advances to those whose economic circumstances have been devastated by Medical Malpractice or any other kind of personal injury. "Non-recourse" means that this lawsuit financing is completely contingent upon the outcome of the subject litigation. If the lawsuit fails, the legal funding obligaton is completely excused. The money provided and profit due are only repaid if and when the litigation concludes successfully. Lawsuit Financial provides non-recourse legal finance, not only for Medical Malpractice lawsuits, but for all other personal injury lawsuits as well. Call us, toll free, at 1-877-377-SUIT (7848) for a free lawsuit finance consultation. Or, visit us on the web at www.lawsuitfinancial.com.

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Posted In: Lawsuit Funding Thought of the Day

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I have mentioned in previous posts that Lawsuit Financial Corporation is a trial lawyer owned and operated company. As such, the company is uniquely positioned to evaluate cases for legal finance and to compassionately evaluate the lawsuit financing needs of injured and disabled plaintiffs. Our objective is to always try to increase case value by reducing the financial pressure to settle a case early and inexpensively.

No cases in my career as a trial lawyer were more heartwrenching than my handling of Catholic Priest Child Molestation cases in the 1980's long before the current "Crisis in the Catholic Church", as it now being reported. The truth is that this is not a recent phenomenom; priest-parishioner abuse has been going on and has been covered up by Church heirarchy for years. "Abuse Conviction: Served As Chaplain at Downers Grove Hospital" tells a small part of the story of abuse by and cover up of the child molestation crimes of Father Gary Berthiaume. The first priest-parishioner molestation case that I handled as a young trial lawyer was in the early 1980's involving Berthiaume and 6 Michigan teenagers and pre-teens. Significant roadblocks were thrown in front of my pursuit of justice for these children by the local and national diocese and the silk-stocking law firm they retained to defend this predator priest. A conspiracy of silence within the Church existed in defense of these cases to deprive seriously abused children of their basic right to compensation and treatment. I traveled to six different states, uncovering witnesses, abuse victims, and a pattern of abuse and cover-up, before the Diocese finally agreed, first to facilliate, and then, to settle the case. In the end, the defendant tried to pay additional sums for a sealed settlement; my client and I refused, and this published settlement has, since, followed Berthiaume around, everywhere he has traveled for work.

As the article indicates, Berthiaume is a predator, and, it seems, he has not stopped molesting innocent children. His former Pastor, Bishop Joseph Imesch, has traveled to new communities and has repeatedly hired Berthiaume in various positions, exposed to children, without advising the new communities of his past and, seemingly, without regard to the dangers presented. According to a 2007 USA Today article entitled "Vatican Removes 2 Ohio Priests", Berthiaume, at long last, was defrocked by the Vatican, almost 40 years after his first known sexually abusive conduct.

Consequences of his abusive conduct have been tragic and long-ranged. One of Berthiaume's victims became an abuser, himself, and was convicted and is serving time for abusing children. The cycle and consequences of abuse is overwhelming to me.

If you are a victim of clergy child abuse or are an attorney handling such a case for a client and need legal financial assistance, please call us, toll free, at 1-877-377-SUIT (7848) for a free consultation. Or, visit us on the web at www.lawsuitfinancial.com. Obviously, we are uniquely qualified to provide lawsuit financial assistance for this type of litigation. We can provide necessities of life or cost of treatment financing for plaintiffs and/or litigation financial support for attorneys.

Lawsuit Financial Corporation will provide lawsuit funding for Clergy Abuse Cases, Auto Accidents, Construction Accidents, Medical Malpractice Cases, Premises Liability Cases, Product Liability Cases, Airplane Crashes, Train Crashes, and all other personal injury and employment related cases. The call to 1877-377-SUIT is free and the information could be life saving.

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Posted In: Lawsuit Funding Tip of the Day

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This is the fourth installment in our series of things to consider when your client seeks lawsuit financial assistance. This is an ethical imperative. Your client's case and the strategy used to develop and, hopefully, resolve it, belong to your client and you. That cannot be interfered with by a legal finance company. So, the question is:

4. Does the lawsuit finance company have a “hands-off” policy regarding the case management process?

The lawsuit funding company must understand that the lawsuit that it is investing its money in does not belong to the legal funding company simply because of the case investment. The pursuits of the litigation, strategy, negotiations, trial preparation, settlement decisions, etc., belong to the client, and, through the client, to the attorney. The superior litigation funding company will seek an infrequent, non-invasive, case update by phone, mail, email or fax, but will not interfere with your handling of the case in any manner. If you find yourself answering to, explaining your case strategy to, or being constantly harassed by a legal finance company, you (or your client) have chosen the wrong lawsuit funding company. This is one of the key differences between a trial lawyer-owned company and a financial industry-owned company. It is recommended that you deal with a company that is operated by someone who has been in the legal trenches and knows the “ins and outs” of a law practice, someone who has represented injured and disabled clients and cares that their litigation goes well for them.

Lawsuit Financial Corporation is owned by a veteran trial lawyer. The legal finance company provides lawsuit funding services to victims of Auto Accidents, Medical Malpractice, Premises Liability, Products Liability, Fire and Explosion, Airplane Crashes, Construction Accidents, Train Crashes and all other types of personal injury and employment related litigation. For a free analysis of your case funding situation, call us, toll free, at 1-877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com.

Our next "Things to Consider" post will deal with the contingent nature of a legal funding transaction and why this feature is important to your client. Please stay tuned...

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Posted In: Lawsuit Funding Tip of the Day

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Congratulations to my friend Stuart Sklar and his firm Fabian, Sklar & King, in Farmington Hills, MI for his hard work and just result in the Ellison Bay propane explosion case, in Wisconsin, that claimed the lives of a Michigan couple in 2006. It should be noted that the Fabian Sklar firm specializes in fire and explosion litigation and do superlative work in this legal specialty. This results serves to exemplify that skill and work ethic.

According to an article in the Door County Daily News entitled "$21 Million Dollar Settlement in Ellison Bay Explosion", propane lines for the expansion of the Cedar Grove Resort, in Wisconsin, were installed in 1999. In March 2006, resort owners contacted hired a construction company to upgrade electrical services to the resort docks. The propane lines were not identified before contractors and subcontractors began to dig trenches to install the electric lines; the buried propane lines were damaged and began leaking into the ground, which caused the explosion that killed Patrick and Margaret Higdon, of Bloomfield Hills, MI . The lawsuit named those businesses and eight insurance companies as defendants.

While our services were not needed or used in the Ellison Bay case, fire and explosion litigation almost always cause death or devastating and disabling injuries. The financial impact of these occurrences can be almost as devastating as the injuries they cause. The death or serious and disabling injuries of the family breadwinner, coupled with an expensive and lengthy litigation process can result in financial ruin. Lawsuit funding is an excellent strategic tool to use in situations like the one presented in this tragic case. Well placed, interim, legal funding while waiting for the case to resolve, might salvage valuable personal assets and prevent plaintiffs from settling for less than full case value because of dire financial need. Pre-settlement litigation funding is completely contingent on the outcome of the fire and explosion lawsuit. If the lawsuit fails, the legal finance principal and profit due is completely excused.

Lawsuit Financial Corporation is the most experienced company in the growing industry of legal finance. They can provide lawsuit finance assistance not only in Fire and Explosion Cases, but in Auto Accidents, Medical Malpractice, Premises Liability, Products Liability, Construction Accidents, Airplane Crashes, Train Crashes and other types of personal injury and employment related litigation. The company offers a free analysis of your lawsuit financing situation and can be reached, toll free, at 1-877-377-SUIT (7848) or on the web at www.lawsuitfinancial.com.

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Legal Funding Case of the Day

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This is the 3rd entry in our series of things you should consider when you client seeks legal finance assistance. This particular installment is crucial to a successful resolution in any case where a client has received legal funding from a lawsuit finance company. This crucial question is:

3. Does the approved or suggested lawsuit funding fit comfortably into the projected value of the case?

There are really two issues involved in this inquiry. The first requires consultation between the lawsuit finance company and the attorney. The size of any legal advance, regardless of the client’s needs or wishes, must, with potential maximum profit, fit comfortably into the projected value of the case. This is an important legal funding underwriting skill. It is what separates superior lawsuit finance companies from mediocre ones. By way of example, if a case has a projected case value of $50,000, a lawsuit cash advance, with projected profit, should not exceed 1/3 of potential case value. Otherwise, the attorney will have a very unhappy client at the end of the case, even though he obtained an excellent verdict or settlement at case conclusion. Thus, in our example, if the legal funding company is recommending an advance with contractual profit that requires a repayment above $16,500, that company is doing the client and the attorney a great disservice.

The second of our two issues is “compromise”. Again, this concept further exemplifies what a superior litigation funding company does for attorneys and clients. In our example, the attorney and the legal funding company representative project a case value of $50,000. What happens when the case, for valid reasons that were not apparent at the time of projection and/or funding, settles for $30,000? The superior legal finance company will adjust its principal and profit return to comfortably fit into the settled value of the case. Thus, in our example, principal and profit should be approximately 1/3 of the case results, or $10,000. If a lawsuit finance company will not promise you, in advance, to adjust rates for compromised, unexpected results, you should seriously consider referring your client to another legal finance company.

Lawsuit Financial Corporation provides non-recourse cash advances to injury victims with pending litigation resulting from Auto Accidents, Medical Malpractice, Premises Liability, Products Liability, Dog Bites, Construction Accidents, Train Crashes, Airplane Crashes and other personal injury litigation. Please look for our fourth installment in our series of things to consider when your client seeks lawsuit funding in our next post.

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Lawsuit Funding Tip of the Day

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This is the second installment of our series of things to consider when your client seeks lawsuit funding. Yesterday, we explored the issue of financial need. Today, I would like to suggest best strategic use of legal finance programs. Thus, the question today is:

2. Is there potential for the legal funding to increase the value of the funded case?

Lawsuit financing should be used as a strategic tool. Financially distressed clients are not a positive influence on settlement negotiations. In most jurisdictions, legal ethics require that the attorney (the “employee”) take all settlement offers to his/her client (the “employer”). The attorney can make strong recommendations, even withdraw representation, but he cannot “order” his/her client to reject an offer. Thus, an offer made in a time of great financial stress (like a pending foreclosure situation) is likely to be accepted, or, at least, seriously considered, by a financially distressed client. If you found a way to relieve your client’s immediate financial burden, even for a few months, the client’s resolve the settle the case immediately and inexpensively are removed and you have purchased precious time necessary to complete negotiations and obtain improved, case-appropriate results. This writer has been involved in actual cases where six-figure and even seven-figure increases have resulted from strategic well-placed legal funding.

Our next post will explore whether lawsuit funding is a comfortable fit for the case being considered for funding. Stay tuned...

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Lawsuit Funding Tip of the Day

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Recently, I wrote an article that will soon be published in various legal newspapers and legal websites. The article details several important issues to consider when your client seeks lawsuit funding. Over the next few days and the next few blog posts, I will post these important considerations with an intent to educate attorneys and clients on how to best utilize a non-recourse cash advance program of lawsuit financing.

The first "Thing to Consider" is:

1. Why does your client need the money?

Legal funding can be an expensive method of obtaining needed dollars. Therefore, the prudent attorney (or lawsuit finance company representative) must discuss “need” with the client. Are there pressing financial issues? What are they? Often, we at Lawsuit Financial Corporation find that the client is being evicted from his/her rental home, or, worse, facing foreclosure of an owned residence. Food, shelter, car payments, medical care, prescriptions, are all important items that can be secured with a lawsuit finance company’s assistance. If the client is not faced with these types of dire circumstances or has other sources of revenue to tap, he/she is probably not an appropriate candidate for legal finance services.

Look for the second tip in our "Things to Consider" series in our next blog post.

Posted by Mark Bello of Lawsuit Financial Corp. | Permalink | Email This Post

Posted In: Lawsuit Funding Tip of the Day

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