Lawsuit Finance Blog

On August 24, 15 year old Alessandra (Allie) Castner, of Marblehead, MA was struck by a car while crossing the street at an intersection. She was flown to Boston Medical Center, and a short time later, she was pronounced dead. Over the ensuing days, weeks and months, her family sought information relating to the investigation into her death. Her mother, Julie Castner, said:

“Instead of mourning and beginning the healing process we have had to fight for her honor.” “This is so unreal to all of us. You wake up in the morning saying this really is not your life. When you put your feet on the floor you realize it really is your life.”

For unknown reasons, police delayed releasing the name of the person who drive his vehicle into the defenseless child. The Castner's issued a plea for anyone who may have witnessed the accident to call authorities. Allie's father, Chris, wanted to grieve; instead, he found himself "playing detective".

Finally, one month after Allie’s death, police identified Thomas Larivee as the driver of the vehicle that struck Allie. His license has been revoked as authorities consider him a threat on the road. Prior to this accident, Larivee has had numerous driving infractions, an accident, and a 90 day license suspension. Other than the revocation, he has not been charged with any crime or violation stemming from the accident. The Castner's vow to pursue justice through criminal charges. Julie Castner said:

“We want this to go as a criminal case. That’s where we are headed with this.”

Lawsuit Financial wishes the family well in its pursuit of justice in this case and extends its deepest sympathies to the Castner family.

Pedestrians struck by motor vehicles are seldom left unscathed, and in many instances, traumatic brain injuries, spinal cord injuries, internal injuries, and death can result. Even if the driver did not intend harm, the motorist can be held liable for speeding, failing to yield to the pedestrian or stopping at a crosswalk, text messaging or talking on the cell phone, driving under the influence, turning right on red without noticing a crossing pedestrian in the opposing crosswalk, and other negligent acts. Auto accidents often can happen to very cautious drivers who are, simply, in the wrong place at the wrong time. Motorists do not always understand or observe the rules of the road regarding pedestrian’s right-of-way at stop signs and crosswalks. Unfortunately negligence often results in serious injuries or death to a pedestrian. The cause of the Castner/Larivee crash is unclear and remains under investigation.

If you or a loved one has been involved in a pedestrian accident, it is often in your best interest to contact an attorney who specializes in auto/pedestrian accident cases. If you need assistance locating an attorney, Lawsuit Financial provides a national referral service, available in all 50 states. We will find you an expert attorney within 24-48 hours; this valuable service is provided free to those seeking appropriate justice. It is important that you consult with an experienced attorney to discuss your legal rights and options regarding your case.

If you have already retained an attorney and filed your case in court, Lawsuit Financial can provide the legal financial assistance you need to get through the tough and long litigation process. You may need lawsuit funding to pay your rent, mortgage or car payments. If you qualify for a lawsuit cash advance you can receive the money you need in as little as 24 hours after you apply. Whether you have lost a loved one or been injured in an accident and need legal funding now, or need litigation funding for any other type of personal injury case call us, toll free, at 1-877-377-SUIT, or, visit 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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Nursing home neglect and abuse statistics have raised serious concerns; we must figure out a way to provide better care to our most vulnerable citizens and correct devastating problems that have injured or taken countless lives.

When placing a loved one in the care of a nursing home, it is expected that the resident will receive quality care. Unfortunately, negligence and abuse in this setting are all too common. Violations continue to occur every day, tragically compromising the health and well-being of already ill or traumatized individuals. Nursing home neglect and abuse can be physical, mental, or emotional, leaving marks that are not easily seen; these may linger and become more problematic. Often, the abuse or neglect continues undetected because not all elderly or infirm persons are able to easily communicate with friends and family. Also, some have medical conditions that make them especially vulnerable to slip and falls accidents, broken bones, brain injuries, spinal cord injuries, hip fractures, and other injuries.

The following signs are examples that can indicate neglect or abuse and should be taken seriously.
• Sudden change in behavior
• Unexplained wounds, burns, bruises, sprains
• Malnutrition or dehydration
• Bed sores
• Poor personal hygiene
• Unkempt appearance

Choosing a quality nursing home is an important decision and a thorough evaluation of potential nursing homes is necessary to help protect your loved one. If you believe that a loved one may be the victim of nursing home neglect or abuse, you may be entitled to compensation. Choosing the right attorney in this situation is also a vitally important decision. If you do not know an attorney who specializes in nursing home abuse, Lawsuit Financial has excellent legal referral sources all over the country and our professional staff will locate you a top-notch legal specialist, in your city or state, within 24-48 hours. This is a free service for injury victims and their family members.

Lawsuit Financial will also devise a legal finance plan to assist victims and family members through the difficult financial issues facing them. Victims do not want to conduct settlement negotiations when they are struggling, financially. If they do, they will, almost always, accept an offer that is less than full case value. Strategic lawsuit funding can often be the difference between a mediocre settlement and a large, injury appropriate, settlement. Leverage Lawsuit Financial’s money to hold out for full case value. Visit us on the web, or call toll free 1-877-377-SUIT (7848) to discuss your financial needs. The call is free; the advice is priceless!

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

Posted In: Lawsuit Funding Tip of the Day

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The National Highway Traffic Safety Administration says, unequivocally, that wearing a helmet, while riding a bicycle, is the most effective way to avoid accidental head injuries and deaths. Despite this obvious disclosure, a recent poll found that 82 percent of Americans admitted that while they felt it was important to wear a helmet while bicycling, only 44 percent stated that they would actually wear one. This amazing, irrational, inconsistency coupled with an increased popularity in bicycling as a sport, form of recreation, or cheaper transportation has lead to a sharp increase in bicycle related accidents and injuries.

It should come as no surprise that non-helmeted bicyclists are 14 times more likely to be involved in a fatal crash than helmeted ones. The vast majority of these deaths have resulted from brain injuries; a high percentage of these would have been (and will be in the future) prevented by the use and proper fitting of a bicycle helmet. How high a percentage, you ask? Estimates are as high as 88 percent. A ten buck purchase from your local bike store or favorite could save your life or, at least, thousands in unnecessary medical and hospital bills, yet Americans, young and old, mature or immature, with common sense or no common sense, are not wearing their helmets. Why? Bicycling is a dangerous activity, especially in the street, where the bicyclist is no match for a powerful automobile. Even wearing a helmet or following all of the traffic rules will not prevent all motor vehicle related bike accidents. The risk of more serious injury increases with age, so to, should common sense; why do so many tempt fate?

Almost 5% of all U.S. emergency room visits are bicycle accident related; simple cuts scrapes and bruises are the most typical injuries, fractures, hematomas, and the like are all too common as are traumas to the head, face and teeth. When death is reported, the accident almost always involves an automobile. Lawsuit Financial implores all of those reading this post. Think SAFETY FIRST! A helmet and your skull are only slight barriers between your brain and the concrete or vehicle you strike it on. Following traffic rules is also a vital, common sense tool for injury avoidance. Wear reflective, bright clothing, light up your bicycle, purchase and use a bicycle horn, warning automobile traffic of your presence, purchase and use mirrors and always signal your intentions. Caution will often prevent accidents; use, or lose, your common sense when riding your bicycle. While Lawsuit Financial can provide assistance in finding you an attorney in all 50 states, or provide you with vital lawsuit funding in making ends meet if you or someone you rely upon is injured or killed in a bicycle accident, we prefer that you follow our advice and stay healthy and injury free. America: Ride carefully and wear your helmets!

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Attorney Steve Laird, of Fort Worth, TX has filed a wrongful death lawsuit on behalf of Melissa Hinkle, claiming that the Texas state highway department and others negligently contributed to the wrongful death of Ms. Hinkle’s 13-year-old son, Casey Hinkle, and her 63-year-old father, Gervious Dale Hinkle. Ms. Hinkle was also injured in the semi-truck accident and has received extensive medical treatments, according to the lawsuit. Even though her visible injuries are fading, the emotional damage she suffered from losing her only son and her father may never heal.

The accident took place on a stretch of Interstate 35, which was undergoing repairs six miles south of Gainesville. Mrs. Hinkle’s Ford Explorer was hit by a semi-truck as it entered the construction zone. The lawsuit claims that the repair work "created a traffic jam that backed up for miles" prior to the wreck.

Ms. Hinkle is suing five parties, including the driver of the truck, the company for which the driver worked, the company that had the contract to perform the construction work on the interstate bridge, and the Texas Department of Transportation. The lawsuit alleges that the construction company, KKM Construction, Inc., caused a traffic jam which backed up interstate traffic for miles at the time of the accident. Randy Crume, the driver of the truck, was driving too fast as he entered the construction area, causing him to crash into Hinkle’s SUV.

Mr. Laird said:

"Ms. Hinkle is filing this lawsuit with the hope that it will bring change and prevent something like this tragedy from happening to another family. Every defendant in this case had a hand in these unnecessary deaths, and we intend to make sure they are held accountable. This has to stop before more innocent people are killed. What makes it so tragic is that it was preventable. The Texas Department of Transportation didn’t have an adequate safety traffic control plan in place which allowed for these accidents to happen.”

Trucking accidents cause thousands of catastrophic and devastating injuries and deaths each year, resulting in lawsuits which can often take an extended time to settle. Each year, over 8 million registered semi trucks travel over 200,000 million miles on the road in the United States and more than a half of a million truck accidents occur. According to the National Highway Traffic Safety Administration, approximately 130,000 people are injured and 5,000 people are killed in semi truck crashes involving passenger vehicles. When truck accidents occur, the occupants of cars are most likely injured due to the size and weight of large commercial big rig trucks.

Here are some common reasons for semi-truck accidents:

* Limited visibility
* Fatigue
* Speed
* Improper lane change
* Failure to yield right of way
* Aggressive driving
* Bad weather conditions
* Drug or alcohol abuse
* Tire blowouts
* Poorly trained or inexperienced truck drivers
* Overloaded trucks
* Brake problems or defects
* Malfunctioning equipment, like signal lights or brake lights
* Traveling in reverse

If you or a loved one has been seriously injured in an auto accident or semi-truck accident, consult an attorney who specializes in this area of the law; protect your legal rights and preserve the evidence resulting from the accident. It is very frustrating to negotiate with an insurance company, and, in my humble opinion, a lawyer is always necessary to hold an insurance company fully accountable and achieve a fair settlement. If you can't locate such a specialist, I recommend that you visit the Lawsuit Financial website, highlight "plaintiffs" on the home page, and click on "Lawsuit Financial Attorney Referral Program". Complete an easy application or call 1-877-377-SUIT (7848), toll free, and we will have a specialist in your area within 24-48 hours.

But what if you are injured or disabled? What if you continue to miss work or have lost your job? What if you have mounting medical bills, mortgage payments, household bills, or even worse ─ funeral expenses? The financial strain not only seriously impacts your life, it also impacts your case. A financially desperate plaintiff is not in a favorable position regarding settlement negotiations; this person will often settle for too little, too soon. So, how do you survive ─ financially while you wait for a trial or a settlement?

Lawsuit Financial is your auto accident lawsuit funding specialist. We will be pleased to provide you with a free litigation funding evaluation. If you have been in an auto accident and have an attorney handling the case, lawsuit funding can assist you and your attorney. Do not resolve your case for less than full value because of pressing financial need. Let Lawsuit Financial ease your financial burden and give your attorney the time needed to obtain full value on your case. Call 1-877-377-SUIT (7848) or visit Lawsuit Financial, today.

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

Posted In: Legal Funding Lawsuit of the Day

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Maritime laws (the laws of the sea), apply not only to injured workers, but, also to passengers. Passengers on cruise ships, ferries, riverboat casinos, recreational boats, or other vessels may qualify. Ships or boats, maintained in unsafe condition, may be considered not seaworthy; as such, owners may be liable for on-board passengers' injuries caused or contributed to by those unsafe conditions. Operating or maintaining a ship or boat in a negligent or careless manner may also create liability for injuries to passengers. Thus, a passenger injured in a Maritime accident may qualify for financial compensation.

As previously indicated, working on a commercial vessel fishing boat, ocean liner, cruise ship, oil rig, or another type of commercial vessel can result in injury, sometimes even serious injury or death. Maritime laws create a system of compensation for these injured workers or for the survivors of those workers who are killed in the performance of their duties at sea or, even, while the ship or boat is docked. The most common injuries include slip and fall accidents, falling cargo, and loading and unloading incidents, which usually result in back injuries. In some instances, the injured worker must show that he/she was injured as the result of the negligence of his/her employer. Negligence may be proven if the employee can show unsafe work conditions, negligent navigation (collision with another ship, the dock, and iceberg, or other sea object). There are also laws that protect dock workers, i.e. longshoremen and other maritime employees who are considered "land-based".

Maritime laws cover a wide variety of on-the-job injuries. Financial compensation may be available under maritime workers' compensation laws if the employee works on vessels on the Oceans, Intra-coastal waterways, wharfs, docks or piers, or terminals. Injuries occurring in adjoining areas used for loading, unloading, repair, building and/or dismantling also qualify for compensation.

The two main laws that cover or insure most maritime accidents are the Jones Act (aka the Merchant Marine Act of 1920) and the Longshore and Harbor Workers' Compensation Act. These laws provide for specific rights and protections to workers who are injured while at sea. Injured at sea or injured on the dock workers qualify for compensation for time off work, costs of medical care, medication and/or physical therapy, living expenses, and, if necessary, job training for a new career if they are unable to return to their previous employment. Examples of qualifying occupations are employees on ships, offshore oil rigs and platforms, tugboats, barges, fishing and/or seafood boats, riverboats (including gambling boats), ferries, water taxis, coastguard vessels, and other ocean, intra-coastal or canal vessel.

Classes of "employee" would include crew members, captains, cooks, maintenance employees, and other vessel employees. The main, very plaintiff-friendly, difference between on-land state workers compensation laws and Maritime laws is that the employee can receive intangible damages for "pain and suffering" in Maritime cases, whereas in land based state workers compensation cases, only out of pocket medical, wage loss and retraining expenses are available. Under both systems, transportation costs for medical care are also available.

Whether you are injured as a passenger or an employee at sea, it is highly recommended that you retain the services of an experienced maritime attorney to pursue your Maritime case. Lawsuit Financial has strategic relationships with attorneys all over the country who specialize in this area of the law. Our Lawsuit Financial Attorney Referral Program promises to locate a legal specialist in any area of the law, including Maritime law, with 48 hours of your request. If you already have an attorney and are pursuing a Maritime case, whether as a passenger or an employee, you are probably experiencing financial difficulties as the result of your injuries. Serious injuries usually cause long-term disability. Insurance companies often deny you the benefits you deserve so that you will be desperate to settle you case for their low-ball offer, when it finally comes. Lawsuit Financial provides lawsuit funding to pay your extraordinary medical expenses, mortgage or rent payments, car payments, food, utilities or other important expenses. Maritime litigation funding can bridge the gap between the insurance company's low first offer and a fair settlement at the end of the case. In addition to Maritime lawsuit funding, we also provide auto accident lawsuit funding, slip & fall lawsuit funding, medical malpractice lawsuit funding, airplane crash lawsuit funding, train crash lawsuit funding, and many other types of personal injury lawsuit funding. Don't accept the initial low offer because you need cash now; legal funding from Lawsuit Financial will pay your immediate bills and give you and your attorney the time needed to get justice. Leverage our money into a larger case settlement. You can contact us, toll free, at 1-877-377-SUIT, or, visit or website at www.lawsuitfinancial.com.

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

Posted In: Lawsuit Funding Tip of the Day

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Most companies are required to pass certain inspection and testing standards before marketing products to the public. The Consumer Product Safety Commission sets forth guidelines and requirements for household objects in order to protect their users from injury. When it comes to testing automobiles for safety, these requirements are even more important since one unsafe car on the road can easily endanger dozens of people.

Testing on automobiles is also important after accidents. The people who are injured have a right to know whether the car they were driving contributed to an accident as a result of a substandard feature. On September 10, Toyota Motor Corporation was accused of hiding records relating to sixteen accidents. The company allegedly concealed crucial documents pointing to insufficient safety testing that rendered the cars more susceptible to rollovers. The victims in the cases are suing Toyota to reopen their cases now that there is new evidence. Toyota claims that the allegation of their concealment is a false claim brought by a disgruntled ex-employee.

In the meantime, sixteen accident victims have potentially been denied proper compensation for their injuries. In fact, four of the cases were dismissed on grounds of insufficient evidence. This means that these individuals will now face the expenses of two separate trials without the benefit of any compensation from Toyota to cover their medical expenses and auto repairs.

Most people are unable to withstand the financial devastation of one personal injury lawsuit, let alone two. Aside from a mountain of new medical expenses, or, worse, burial and funeral expenses, injury, disability or death and the loss of a 'breadwinner', can cause a financial problems. Couple that with the amount of time that a lawsuit takes because of insurance company delay tactics, and you may have a financial meltdown on your hands. That is why Lawsuit Financial assists clients in cover their bills while cases are being prepared for trial. It is grossly unfair that victims should have to settle their cases early, and for less than full value, because they face a mountain of unexpected medical bills and, because of injury, disability or death, can't meet their monthly obligations. If you are in such a quandary, litigation funding can assist you. Our non-recourse lawsuit funding service will cover your bills until the case settles, Lawsuit Financial ensures that you can still cover your regular bills, focus on preparing your case, and pursue it to its just conclusion. . And, if things don't break your way and you lose the case, our litigation funding principal and profit are completely excused. Lawsuit Financial wishes all of the injured in these cases good luck in their pursuits of justice.

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

Posted In: Legal Funding Case of the Day

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Every personal injury case is different. Some may resolve in a few months; others may take several years. My experience suggests that the average case takes, roughly, two years to resolve, some, through trials and appeals, may take many years to resolve. The first year is devoted your injury, diagnosing, treating and, hopefully, improving your condition. On the legal side, your personal injury lawyer will perform initial case investigation and records compilation, and notify the defendant and his insurance company of the claim. Perhaps he/she will formally file the lawsuit. The personal injury attorney will also begin the process of placing a "value" on the case.

The single most important factor in determining the ultimate value of any personal injury case (assuming liability is established or, at least, somewhat obvious) is the extent to which the injured party has suffered a serious or permanent injury. This can be categorized as an injury that has had serious physical consequences, whether eventually healed or not, or one that the victim must endure consequences of for the rest of his/her life. Because these are important factors, settlement negotiations should not get underway until a doctor determines the ‘permanence’ or ‘seriousness’ of the injury and renders an opinion. This can, simply, take the form of a letter from a doctor, stating “it is my opinion, within a reasonable degree of medical certainty, that the patient has suffered the following permanent/serious injuries and limitations as a result of the accident: [specific, descriptive statement of injuries is placed here]. It is important that the doctor not only state the injuries, its’ seriousness/permanency, but, also, that he relates the injury to the accident that is the subject of the litigation. As a lawsuit funding professional underwriter, I have reviewed numerous files where the medical records fail to sufficiently link the injury with the accident; in the litigation business this is called establishing proximate cause. If there is no proximate cause, there is no case; if there is no case, there can be no legal finance.

Most doctors will not provide a permanency/seriousness opinion until their patient’s condition has “stabilized” – the patient is not getting better nor getting worse. Typically, doctors’ will use one year post-injury as the general rule of thumb for determining permanency.

It is almost never a good idea to resolve your case too quickly (unless you have established policy limits, your attorney advises that policy limits are all that is available to you because the defendant is not otherwise collectable, and the insurance company has agreed to tender the policy limits). Do not rush a case to settlement, because once your case is resolved, releases are signed and checks are distributed, there are no “do-overs”; the case is over; it is settled, always and forever. You need to make sure that you know the full extent of your permanent limitations before settling your case.

Additionally, it is not in your best interest to rush your personal injury attorney into seeking immediate case resolution, because if the insurance company realizes you are eager to settle, the insurance company will exploit your eagerness and provide inadequate, low-ball settlement offers in an attempt to get you to settle early and cheap. This is a very common tactic that many insurance companies use to reach a quick, inexpensive settlement. Resist the temptation for quick money to ensure that you receive every penny you are entitled. If you need immediate money for important bills or expenses, like mortgage payments, rent, tuition, food, etc., litigation funding from Lawsuit Financial may be available to bridge the gap between the first settlement offer and an appropriate resolution of your case. Ask your attorney for advice on whether lawsuit funding may or may not be appropriate in your situation.

If you have been seriously injured and have not yet retained an attorney, we can assist you in finding an attorney in your area that specializes in the type of incident that caused your injury. Call Lawsuit Financial toll free at 1-877-377-SUIT (7848) or visit the referral page of our website and take advantage of our free attorney referral service. You may also submit a contact form to request additional information.

If you have an attorney, and need lawsuit funding contact Lawsuit Financial. If you qualify for litigation funding, we will provide you with the money you need now to help pay household bills, medical expenses, mortgage payments, utility bills or any other important expense, while you and your lawyer pursue your case. If you win your case, you repay principal and scheduled profit; if you lose, you keep our lawsuit cash, free of charge. The call is free; the advice is priceless. Call us today at 1-877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com. Good luck in your pursuit of justice.

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

Posted In: Lawsuit Funding Tip of the Day

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A medical malpractice lawsuit has been filed against Orthopedics Northeast by an Indiana woman, Jeanette Presley, claiming that a misdiagnosis caused the loss of a limb. Presley and her husband, Allen, filed the suit seeking damages for negligence relating to the misdiagnosis of a developing vascular problem in her leg.

Jeanette Presley went to Orthopedics Northeast three times in March, 2006, with the signs and symptoms of a vascular anomaly. The medical staff failed to correctly diagnose the condition on three prior visits. On April 10, 2006, Presley was admitted to Parkview Hospital for loss of blood flow to her right foot and an acute clot in the artery supplying the knee and thigh. Three days later, doctors had to amputate her leg above the knee.

In her suit, Presley claims that Orthopedics Northeast: (a) failed to perform tests which would have confirmed the loss of blood flow to her foot, (b) failed to recognize the lack of a pulse in her foot, and (c) failed to provide a timely referral to a vascular surgeon or cardiologist. The Presleys are seeking damages for medical expenses, income loss, and physical pain. The lawsuit was filed, in July of this year, only after Jeanette Presley received a ruling from the state’s Medical Review Panel that Orthopedics Northeast “failed to comply with appropriate standards of care.”

I don’t know the financial status of Jeanette and her husband, Allen Presley, resulting from Jeannette’s inability to work and her extraordinary medical expenses; assuming a similarly situated couple would experience financial problems as a result, this case is a perfect example where pre-settlement lawsuit funding could help avoid the pressure of accepting an early settlement that offers too little. This case already extends back three years, and the suit was just filed. What if it takes longer than expected to resolve? What if the couple can't get a quick trial date or an early, satisfactory settlement offer? They would, simply, contact Lawsuit Financial, complete an application, and Lawsuit Financial will do the rest; we will contact the attorney, obtain the information needed to make a legal funding decision, and contact the client with our decision within 24 hours of receipt of the information. It’s that simple.

While no amount of money can replace what you've lost because of a misdiagnosis, nondiagnosis or other type of medical malpractice, Lawsuit Financial can help with your financial obligations while your suit is pending. Some victims and/or their families are too often left with mounting bills and few options. Lawsuit Financial was created to help plaintiffs in their financial time of need. Simply put, our litigation funding program allows a plaintiff to remain in a case longer in order to pursue a larger settlement. We put you in a position to negotiate the settlement you deserve. We guarantee a case recovery equal to the amount of money we advance. If you lose your personal injury case, you owe us nothing! We are one of the few legal finance companies with the expertise (33 years combined legal and litigation funding experience) to provide medical malpractice lawsuit funding.

For further information on our unique legal funding programs, call Lawsuit Financial toll-free at 1-877-377-SUIT (7848), or visit our website 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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In a rather unique legal situation, a jury in Alachua County Florida has rendered a verdict apportioning negligence between several defendants. The unique part of the story is that the jury was not asked to consider damages. I speculate that the damage issues have been agreed upon; it is, in my humble opinion, only remotely possible that a separate trial will be required for the damage portion of the case.

The case involved a serious crash on 1-75 in Florida that caused the death of Steven Bogue and serious injuries to Claudette DeRossett, a passenger in Bogue's vehicle. Defendants, aside from Bogue (the jury assessed 15% responsibility to him), are the Alachua Police Department (which, according to the jury, was 35% responsible), the driver of the truck that Bogue ran into (found 15% responsible), and the driver of a commuter van (found 35% responsible) which collided with the second truck (a female passenger in the commuter van is pursuing litigation against the owner of the Bogue vehicle). The jury took less than two hours to apportion negligence in the case. Apparently, Bogue's negligence level was a hotly contested issue in the case; I presume that his counsel was very satisfied with the 15% finding because the finding would mean that his negligence was a minor causative factor.

The accident happened on October 12, 2007, almost 2 years ago. The Florida Highway Patrol had shut down parts of southbound 1-75 because of a previous fatal accident and traffic was being routed off the freeway by the Alachua County Police. Traffic was either stopped or slowed and being detoured when Bogue, heading south on 1-75, approached the scene and struck the slowed or stopped vehicles. DeRossett's attorney argued that Bogue neither stopped nor slowed, but other attorneys argued that other negligent factors existed, such as the officers handling of the detour, the decision to close the road and the actions of others involved in the accident. The vehicle that Bogue hit, for instance, had come to a complete stop, but did not employ emergency flashers.

What remains unresolved and unclear is how the jury's verdict will impact damages. Assuming damage issues are still in play against various defendants (there may have been a prior settlement, or a provisional settlement based on a speculative jury finding) I would presume, from the apportioned numbers, that viable litigation still exists for Steven Bogue's family members and for DeRossett (although, only 15% against Bogue).

This case is a classic candidate for lawsuit funding. The family of Steven Bogue lost its principal breadwinner and has been embroiled in litigation for almost two years. Liability issues are now resolved; how long will it take to resolve damages? In this wrongful death case, how is the life of Steven Bogue evaluated. In DeRossett's case, she suffered a traumatic brain injury; I presume that this has effected her ability to earn a living and has caused significant financial hardship.

In both cases, the family of Steven Bogue and Claudette DeRossett should be entitled to damages. It has been two years and liability has just been decided. How have they sustained themselves, financially? One way is to obtain lawsuit funding. Lawsuit Financial is a company that provides non-recourse litigation funding to victims of negligence. Auto Accident lawsuit funding and/or Wrongful Death lawsuit funding is available to assist victims similar to the Steven Bogue family and Claudette DeRossett, regardless of how long it takes for their cases to resolve. And Lawsuit Financial's legal funding is capped funding; after one year, the amount due will never increase and, if the case fails, the legal finance advance is completely excused. This is why these types of transactions are call non-recourse pre-settlement funding.

If you or someone you love has been the victim of a serious accident and you have hired an attorney and filed a personal injury lawsuit, you may be a candidate for lawsuit funding from Lawsuit Financial. If you have not yet hired an attorney, Lawsuit Financial will find you one, in all 50 states. Disability or death from an accident can cause serious financial distress. Insurance companies compound that distress by delaying settlement as long as possible. Lawsuit Financial is the legal finance industry expert; call us, toll free, at 1-877-377-SUIT (7848) for a free analysis of your legal and financial situation. Or, visit us on the web at www.lawsuitfinancial.com

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

Posted In: Lawsuit Funding Thought of the Day

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I recently noticed a report about a sharp increase in motorcycle accidents in the United States. Many motorcyclists or motorcycle owners believe that household car insurance or, perhaps the the insurance of a vehicle that caused an accident involving a motorcycle will, automatically, be responsible for the victim's medical bills. This is not always the case. While many auto insurance companies in many states include coverage known as Personal Injury Protection (Michigan is the only state that has unlimited 1st party coverage) or PIP, many motorcycle insurance companies do not provide such coverage. This means, in your state and as the result of your accident, if you are injured as a passenger or driver of a motorcycle, you may have no medical coverage, aside from your own private health insurance policy (if you have health insurance). Check with an attorney in your state to determine what your state's law is in this regard. If you need a referral to a specialist in your area, please visit Lawsuit Financial's industry exclusive referral service, and we will have an attorney's name for you within 24-48 hours. With high gas prices, motorcycles have increased in popularity, however, with an exposed body and appropriate automobile-type restraints unavailable to a motorcyclist, the likelihood of serious or catastrophic injury, even death, in a motorcycle accident, is extremely high.

There are certainly steps you can take to avoid serious injury. Drive defensively; stay out of a vehicle's blind spots; follow all traffic rules, especially speed rules; and most importantly, wear protective gear. Where a properly fitted helmet and protective clothing, for instance.

Since medical expenses and injuries from a motorcycle accident are almost always catastrophic, you are encouraged to contact your insurance company and ask about your coverages. You must be assured that you have the best coverage available to a motorcyclist in your state. Check the limits of coverage in each category and make sure you purchase uninsured and underinsured coverage if these coverages are available in your state. This will prevent you from being limited to the amount of the other vehicle's liability insurance if you have been seriously injured.

Finally, if you have the right coverages, but the insurance companies are waltzing you around (because, until a judge makes them pay, they can and will waltz you around), Lawsuit Financial is available to provide Motorcycle Accident Lawsuit Funding to you and your family. If you have hired a lawyer (we can find one for you if you need us to-see above), filed a lawsuit, but your financial situation is in the toilet because of your disability or the death of a family member, Lawsuit Financial will provide you with the money you need now, then we will step out of the way and patiently wait for our money and profit while you and your lawyer pursue your case. If you win your case, you repay principal and scheduled profit; if you lose, you keep our lawsuit cash, free of charge. We provide motorcycle lawsuit funding, auto accident lawsuit funding, medical malpractice lawsuit funding, slip and fall lawsuit funding, airplane crash lawsuit funding, train crash lawsuit funding, boating accident lawsuit funding, and many, many more types of lawsuit funding. The call to 1-877-377-SUIT is free and so is the advice. Call us today.

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

Posted In: Lawsuit Funding Tip of the Day

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I recently came across an article about avoiding liability in dog bite cases, by being a responsible dog owner. In 2008, dog bite homeowners' claims cost insurance companies almost $390 Million or 1/3 of all homeowners liability claims. The Insurance Information Institute noted a sharp increase in these types of claims over previous years. Some of the increase can be attributed to the general rise in heath care expenses (approximately 1/4 of those bitten require medical attention; many of those need reconstructive surgery). Also, the law is quite strict when it comes to pet owners; some states impose almost absolute liability to the homeowner, except as to a trespasser on the property. Other states impose liability if the dog has shown a propensity to be vicious, a so-called "one bite" rule. A small number of states require owner negligence in controlling the dog, to establish liability. Dog bite cases are similar to other types of personal injury cases, the homeowner is responsible for pain and suffering, permanent scarring, out of pocket wages and medical expenses.

To avoid liability or, simply, to spare your neighbors or visiting friends and relatives of the pain and scarring of a vicious animal bite, here are some simple steps you can take. The Center for Disease Control suggests the following:

1. Consult with professionals when selecting a breed; some breeds of dog may be more suitable as a household pet than others.

2. Spend time with the dog before purchasing or adopting it; use special caution if there are children in the household or neighborhood.

3. Don't leave kids home alone with the dog.

4. Have the dog spayed or neutered; the article suggests that neutered dogs are three times less likely to bite.

5. Teach your dog non-aggressive tricks (the article suggests "go fetch" instead of "tug-of war").

6. Non-owners should avoid approaching strange dogs and avoid eye contact with a dog that appears threatening.

7. If your dog shows a tendency to viciousness, consult a professional who can, hopefully, help to correct the behavior.

And, of course, to avoid the cost of dog bite litigation, personally, you must purchase homeowners insurance. Most carriers offer it, ask yours for details and, like any other product or service, shop for the best coverages; choose the company that pays claims rather than fights them. Some "name" companies that offer lower pricing do not offer good claims service; in insurance, you often get what you paid for and you are almost never in good hands, if you know what I mean.

If you or someone you love has been bitten by a dog, has retained an attorney, and is pursuing a lawsuit for damages, Lawsuit Financial can provide pre-settlement funding to offset your wage loss, pay your medical expenses, or otherwise assist you through difficult financial times while your dog bite lawsuit is pending. Our unique lawsuit funding service is completely contingent on the outcome of your case; if you do not recover anything in the lawsuit, your litigation funding obligation is completely forgiven. Visit us on the web or call us, toll free, at 1-877-377-SUIT.

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

Posted In: Lawsuit Funding Tip of the Day

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One of the dirty little secrets that is not mentioned by tort reform advocates is that major corporations will, sometimes, conceal safety related issues from the public because revealing them might create significant liability. Whether Toyota is guilty of this type of dangerous design defect concealment is the subject of an interesting lawsuit between Toyota and one of its former managing counsel.

In his lawsuit, attorney Dimitrios Biller alleges that Toyota forced him, over a period of several years, to withhold information regarding rollover accidents causing injury or death, depriving victims of information that would prompt them to commence litigation or pursue already commenced litigation to improved conclusions. The allegations, if true, could result in the reopening of over 300 hundred substandard roof cases over the past two decades and/or the filing of cases that could have been pursued and weren't.

Toyota, of course, calls Biller's statements "inaccurate and misleading," and, further, calls him a "disgruntled employee" retaliating for a forced resignation. However, if the allegations are proven to be true, in court, Toyota is looking at the beginning of a financial nightmare. The vehicles at issues are popular sport utility vehicles like the Toyota 4Runner. According to Biller, who defended the company in many such lawsuits, Toyota concealed National Highway Traffic Safety Administration information that these vehicles were prone to rollover accidents and had weak roofs which lead to thousands of serious injuries and deaths.

Tab Turner, an Arkansas attorney who represented a pregnant woman and her fetus who were both brain damaged as the result of a 4Runner rollover accident agrees that the allegations, if proven, will call into question all of the settlements, verdicts and judgments which involved these vehicles

Biller received to a $3.7 Million severance package when he left Toyota; he alleges that he was harassed and intimidated by Toyota management and was treated for psychiatric problems resulting from this conduct. Toyota claims that the severance agreement prevents Biller from discussing or disclosing company information and that he has now violated that agreement. Since he was an attorney for the company, there may also be attorney-client privilege or confidentiality issues involved with the presentation of these allegations in the new litigation.

Lawsuit Financial would not be surprised if the allegations made by Mr. Biller were true. Corporate defendants have long practiced these types of 'delay, deny, confuse and refuse' tactics; the deliberate and/or fraudulent concealment of vital information when requested by the plaintiff is, most likely, more common than we realize. Lawsuits like Mr. Biller's are important public alerts to vital safety issues and the probability that fear of expensive, multiple, litigation may lead to concealment of unsafe products.

Lawsuit Financial strongly advises all consumers to use all investigatory tools available on the internet or print/broadcast media, from consumer protection advocacy groups or publications, from safety advocacy groups, and from national or local trial lawyer associations. An educated consumer is more often a safer consumer. When purchasing a potentially dangerous product from a company, don't take the company's word for its' safety; do your homework. You'll be glad you did.

If you have been seriously injured and need an attorney in your area who specializes in the type of incident causing your injury, please consider calling Lawsuit Financial and taking advantage of our free attorney referral service. If you already have an attorney and need lawsuit funding to help pay household bills, medical expenses, mortgage payments, utility bills or any other important expense, Lawsuit Financial is here to assist you in your time of need. The call to 1-877-377-SUIT (7848) is free; the advice is priceless.

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

Posted In: Legal Funding Case of the Day

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