Posted On: June 26, 2008

Helicopter Crash Product Liability Lawsuit Results in $9.5 Million Settlement-Candidate for Lawsuit Funding?

A $9.5 Million settlement has been reached, in Hawaii, between a vacationing, New Hampshire couple and Boeing (manufacturer) and Aluminum Precision Products (parts maker).

The crash occured when the couple, celebrating their 30th wedding anniversary, was taking a helicopter tour of the island of Kauai. As a result of the crash, Judy Barton, 52, was paralyzed from the waist down, and her 62-year-old husband, Douglas, suffered back injuries that prevent him from working. Another passenger suffered fatal injuries in the crash.

Apparently, near the end of the tour, the helicopter lost its tail rotor and entered into a tight spin, crashing into a YMCA camp. The Barton's attorney, Rick Fried, who, obviously, did a terrific job for the couple, indicated that the crash occurred due to a manufacturing defect in the rotor which rendered the helicopter inoperable. The copter was built in 1987 and there have been at least 16 similar helicopter crashes in the last ten years caused by tail rotor failures.

We don't hear much about helicopter crash litigation, but, similar to airplane crash litigation, crashes almost always result in severe injuries. It is a form of defective product or product liability litigation. In this case, the accident litigation was resolved in a year, and Mr. Fried indicated that the companies were "unusually good to deal with". This is the exception not the rule (note Fried's use of the word "unusually" in the cited quote); most serious injury litigation is vigorously contested and often take years to resolve.

Lawsuit FInancial provides legal funding to seriously injured victims of negligence, whether injuries result from a defective product, as they did here, or from an Automobile Accident, Slip & Fall, Medical Mistake, or other act of negligence by another.

In this case, the Bartons' medical bills were over $750,000;. I presume that they had medical insurance; Judy is paralized from the waist down and Douglas has disabling back injuries from the crash. Assuming there was no medical insurance, the totally disabled couple was faced with ordinary bills and expenses (food, clothing shelter) and extraordinary ($750,000) medical expenses. If they have medical insurance, they were still facing an inability, pre-settlement, to pay ordinary bills and expenses.

Had the couple approached Lawsuit Financial for lawsuit funding, we would have provided them with a non-recourse cash advance, collateralized only by their pending lawsuit. If the lawsuit is successful (and in this case, it was) we are repaid our case invested principal and risk adjusted profit out of case proceeds. If the case fails, we lose our money. If the case resolves at significantly less than predicted case value, we provide an appropriate compromise. The goal of lawsuit financing is to get people like the Bartons through the litigation, without having pressing bills and expenses effect the value of their case. Someone desperate for money will, almost always, settle his/her case for less than appropriate value. Strategic lawsuit financing will often prevent this from happening and will, in this scenario, pay for itself with increased case proceeds.

If you have a pending personal injury case and require lawsuit funding visit our website at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848) for a free analysis of your case funding situation. The call and the advice are absolutley free.

Posted On: June 19, 2008

Florida Birth Trauma Medical Malpractice Litigation Results in $35 Million Verdict-Could Lawsuit Finance Have Assisted?

A Lauderhill, Florida family was awarded $35 million by a Broward County jury, last Friday, in a medical malpractice lawsuit against Broward General Medical Center. The lawsuit accused the medical center of causing irreversible brain damage to eight year old Darian Brown, son of Denise and David Brown by breaching the standard of care during the child's delivery.

Darian is significantly impaired and the verdict will permit the family to afford a van with a wheelchair lift and help provide round-the-clock care. Prior to the verdict (it was not reported whether the verdict will be appealed, whether a judgment will enter, or whether the case will settle), David worked nights at American Express while Denise worked days as a J.C. Penney manager. The couple has three other young children.

Darian cannot walk, make decisions or feed himself and, it appears, will need lifetime assistance. The verdict will, hopefully, go a long way in providing desperately needed assistance.

It appears that the Brown family was unaware that legal funding was available to provide interim care for Darian during the pendency of this litigation. While Darian lacks the necessary competancy to enter into a contract, those amounts that are awarded to the parents to assist in his care could be the subject of a lawsuit funding agreement between a legal finance company and the parents. Those amounts going to Darian, personally, or in trust for him, could not, because of the capacity issues.

The article does not mention how long the lawsuit has been pending, but Darian is now 8 years old. If we assume that the lawsuit was filed within a year of his birth, his parents have been working around the clock for seven years or more to provide him with necessary care. Had they engaged a legal finance company and the company was willing to invest in the case, litigation funding could have helped pay for extra care and made life easier for Darian and his parents. The money provided would be strictly non-recourse or contingent upon case recovery; thus, had Darian and his parents lost the case, the lawsuit finance company would have provided its services to Darian and his family for free. This is the profound risk that legal funding companies take every day in every case they fund.

Lawsuit Financial is such a risk-taking company. We provide funding in Birth Trauma, Medical Malpractice cases and we have unique trial lawyer expertise in evaluating and funding such cases. We also provide funding for Auto Accident Cases, Premises Liability Cases, Dog Bite Cases, Airplane Crash Cases and many other personal injury cases. Please call us toll free, at 1-877-377-SUIT (7848) for a free analysis of your personal injury case funding situation. Or, visit us on the web at www.lawsuitfinancial.com.

Posted On: June 10, 2008

Product Liability Lawsuit Follow Up-Taser International Stock Plummets After Lawsuit Loss

This news is not about lawsuit funding, but it is an interested postscript to the series of posts regarding "stun guns" manufactured by Taser International and used by the San Jose, CA Police Department to subdue suspects. As reported here yesterday, Taser International was hit with a $6 Million verdict in Federal Court in San Jose arising from the death of a suspect who was Tasered approximately 30 times in an effort to subdue him. Apparently, that news shocked the shareholders of Taser International and the stock responded by falling 11.2%, closing at $6.13.

David can beat Goliath once in awhile; in addition, he can cause him long-term pain. It remains to be seen how future lawsuits against Taser will resolve, but the results of this one has "stunned" the stun giant.

Lawsuit Financial is a leading provider of legal finance services in Police Misconduct and Product Liability litigation and, in addition, provides lawsuit financing for Auto Accident cases, Premises Liability cases, Medical Malpractice cases and many other types of personal injury litigation. 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 are absolutely free. We specialize in assisting "David" in beating "Goliath".

Posted On: June 9, 2008

Taser International Hit for $6 Million in San Jose-Lawsuit Financing Candidate?

In my May 29, 2008 post, I reported the filing of a $20 Million lawsuit against the City of San Jose, its police department, and the "stun gun" manufacturer for Tasering a motorcycle club member to death. I suggested that the evidence was such that this type of litigation, expensive, hard-fought, time consuming, with good potential for a liability and significant damages finding would be an excellent candidate for lawsuit funding.

On June 7, 2008, a little more than a week following the Police Brutality and Product Liability lawsuit filing I reported on, a federal jury in San Jose awarded $6 Million to the family of Robert Heston Jr, a Salinas man, who was killed when police Tasered him an estimated 30 times while trying to subdue him. The award was rendered against Taser International, Inc., the same manufacturer being sued in the previous report. The jury found that Taser International failed to "warn police that its stun guns could be dangerous when used on people under the influence of drugs or in conjunction with chest compressions". The article does not mention if a Police Misconduct award was rendered against or a prior settlement was reached with the San Jose Police Department; this award was a Product Liability award against Taser international, the "stun gun" manufacturer. Obviously, there is a Taser problem in San Jose and, once again, it took a tragedy and some great legal work by a fine trial lawyer to expose the problem.

This case was hard fought, expensive, and lengthy. It is probably not over. Litigation funding is available to provide interim client or attorney financial support while a contested lawsuit is pending. If your clients are being financially stretched because of injuries or disabilities caused by an accident; if they are involved in contested, protracted litigation, a strategically placed lawsuit advance will remove or reduce their financial burden and lessen their willingness to settle the case early and cheap.

Lawsuit Financial is a leading provider of legal finance services in Police Misconduct and Product Liability litigation and, in addition, provides lawsuit financing for Auto Accident cases, Premises Liability cases, Medical Malpractice cases and many other types of personal injury litigation. 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 are absolutely free.

Posted On: June 4, 2008

"Is Lawsuit Funding Worth It?"- Michigan Lawyers Weekly Article

Lawsuit Financial Corporation is very pleased to announce the publication of the article "Is Lawsuit Funding Worth It" in the June 2, 2008 edition Michigan Lawyers Weekly.

As I have indicated, many times in this blog, lawsuit financing is somewhat controversial and not favored by some trial lawyers. Others, in addition to a growing number of their clients, find it a godsend. The article, in my humble and somewhat biased opinion, takes a more negative than positive view of the pros and cons of legal finance services; however, on the positive side, it does provide some positive quotes from independent trial lawyers and from our trial lawyer CEO, Mark M. Bello, and, further, provides an insert "article within the article" featuring a shortened version of our series of "Seven Tips" posted, previously, in this forum. Enjoy the article and thanks for your support.

Legal funding from Lawsuit Financial Corporation is available for injury victims in Auto Accident cases, No-Fault Cases, Wrongful Death Cases, Premises Liability Cases, Medical Malpractice Cases, Product Liability Cases, Airplane Crash and Train Crash Cases, Employment Discrimination and Wrongful Discharge Cases, and many other types of personal injury litigation. For a free analysis of your case funding situation, please call us, toll free, at 1-877-377-SUIT (7848) or contact us on the web at www.lawsuitfinancial.com

Posted On: June 2, 2008

Lawsuit Financial Corporation Offers Complimentary Consulting Service for Potential Legal Finance Clients and Attorneys

Shortly before we introduced this lawsuit financing blog, Lawsuit Financial Corporation issued a press release announcing a new, complimentary consulting service for plaintiffs and trial lawyers to assist them in better understanding the products and services offered by Lawsuit Financial Corporation and other legal funding companies. As the legal finance industry experts, we feel it is our responsibility to offer this free education about a service that is often misused and misunderstood. Since the press release preceded the blog, we thought it would be a good idea to remind our readers of the availability of this valuable service.

It is also very important to understand the differences between the various companies who provide lawsuit financing services. Almost all of us provide non-recourse lawsuit funding to plaintiffs and attorneys; this means that repayment is contingent upon the litigation's outcome. If the case fails; so does the legal advance. Simply stated, the money is free if you lose.It follows that the money is rather expensive if the case is successful. However, in addition to program expense, there are many different methods of providing legal finance services; some companies are very difficult to do business with, are rather inflexible, and, over time, can be cost prohibitive.

This is why we are offering this complimentary consulting service. It is very important that the plaintiff (and the attorney) understand the following key elements of the lawsuit funding "deal" being offered:

1. potential cost of litigation funding

2. the administrative fees, if any, being charged

3. how "interest" or "profit" is being calculated and/or assessed

4. whether case value is sufficient to justify the amount of lawsuit finance principal being sought and expected profit being charged.

It will be very difficult to settle an over-encumbered case, and whether the legal finance company you are speaking to will cap its rates or compromise if the results are not optimal is of vital importance to you, your client and the case. Lawsuit Financial Corporation will review and evaluate your proposed legal finance agreement at no charge. We will do this for you and your client whether you are looking to retain our company's services or the services of a competitor. Obviously, we feel that the educated consumer is our best client, and, in this instance, "educated" means a detailed review and explanation of the differences between companies under consideration, with careful attention to pricing, settlement, and, above all, customer service policies. To take advantage of this free service, contact us on the web at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848). The call is free and the advice is priceless.