Lawsuit Finance Blog

Yesterday, I read an interesting article in Salon, written by Dr. Dr. Rahul Parikh and it is worth the read.

Parikh, an M.D. Pediatrician, and a very brave man, states that restricting the legal rights of injured patients won’t lower costs or improve health care:

“There’s nothing “sure or quick” about changing medical liability laws that will improve health care or its costs. Defensive medicine adds very little to health care’s price tag, and rising malpractice premiums have had very little impact on access to care.”

One of the myths behind medical malpractice is its effect on overall health care costs. Medical malpractice is actually a very small percentage of health care costs, partially because medical malpractice claims are pursued at a considerably less frequent rate than most people are led to believe. According to the Congressional Budget Office, malpractice costs amount to less than 2% of overall health care spending. It also found no difference in health care spending between states with or without limits on malpractice lawsuits.

So-called tort "reformers" push that the fiction (and I do mean fiction) that "frivolous" lawsuits dominate the legal system; they say that these lawsuits are behind the surge in health care expenses. Yet, considering that attorneys are, almost universally, handling these cases on a contingency fee basis (the attorney receives no fee unless the case is successful), the system offers absolutely no incentive to pursue the "frivolous" case.

The reformists further argue that reform is the most effective way to slow down the rising costs of health care. In reality, medical negligence lawsuits contribute very little to health care costs, and a significant number of patients die annually from preventable medical errors. Doctors who commit malpractice should be accountable; injured patients should be compensated for their injuries, lost wages, and ongoing treatment costs. What is the value of serious disfigurement or loss of life from a medical or surgical procedure? The injured patient has already suffered enormously; his/her rights should not be negotiable. Additional barriers to justice or artificial damage caps on their recoveries simply make them victims a second time.

46 states have some form of tort reform, yet the burden of exorbitant health care costs still exists. If a lawsuit is truly frivolous, it is dismissed early and the attorney who brings it is sanctioned by the presiding judge. The case does not go to trial; it does not burden the system. And why, if frivolous litigation is the concern, does "tort reform" always take the form of demanding caps on damage recoveries? Why do the reformers need to cap the damages of a "frivolous case", which by definition is worthless? "Tort reform" argues for caps because corporate interests are lying to you; they want to limit recovery on serious cases, not stop frivolous one. This is the big lie of the so-called "tort reformers". If the case is legitimate, shouldn't it be heard by a judge or jury? Isn't this guaranteed by our constitution? Why does the legislature, state or federal, influenced by corporate interests, get to decide instead of a judge or jury? Is that really what you want for yourself or your family and friends?

The health care and tort system debate should be focusing on two things and two things only: 1. Delivering patient safety, and, 2. Delivering patient safety at an affordable price for all of our citizens. It should not be focused on limiting the rights of those who are injured, maimed or killed as the result of professional negligence. It stands to reason that there will be fewer injuries and fewer lawsuits if there are sufficient safety measures in place. It is time to fix the health care and safety problems rather than bargaining away the rights patients who are injured, maimed or killed by health care providers. What are these "tort reformers" doing to improve safety? What are they doing to improve quality care? What are they doing to save lives?

Lawsuit Financial encourages everyone to look at the 'fine print' on tort reform. Do you know how it will affect all of our rights? Tort reform means shifting costs to the taxpayers; yes, I mean you, the working taxpayer... If you think you pay high taxes now... Tort reform has nothing to do with reducing injuries and death; it has everything to do with increasing the profits of insurance companies, big pharmaceuticals and other corporate concerns.

Lawsuit Financial is a pro-justice lawsuit funding company that provides strategic legal finance to individuals in a pending lawsuit. If you are involved in a lawsuit and are concerned how you will meet your financial obligations while the lawsuit is pending, contact Lawsuit Financial toll free at 877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com for a free consultation.

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Venturing into the litigation arena can be a daunting experience. If you or a loved one is the victim of a wrong doing and need legal advice, where do you look for an experience attorney? You have several options.

Option 1 – Hire an attorney from a television advertisement. Is this a good choice? Many top-notch attorneys do little or no advertising; they don’t need to; their reputation precedes an speaks volumes for them. These are the professional men and women that Lawsuit Financial has strategic, professional relationships with, people all over the country who specialize in the particular area that you need legal representation for. "Television" attorneys are often excellent lawyers and many handle the only specialty that they are advertising for. Others are not and do not. Some advertise to you and refer your case to other firms. It is up to you to decide whether this is, for you, the best way to pursue an attorney-client relationship.

Option 2 – Search the Yellow Pages. Select the guy with the biggest advertisement, right? Maybe. The same general principle for television ads applies here. There may be little, if any, correlation between large ads and quality legal representation. Again, many are fine lawyers who may specialize in the area that they are advertising for. Some, however, have a lot of money to spend on ads, but have little courtroom talent.

Option 3 – Ask family, friends, and co-workers for recommendations. This may a good option if their case was successfully concluded and was similar to yours. If the attorney did a good job on their case, he will probably do a good job on yours. Sometimes, however, the client forgets to tell you what kind of case the lawyer handled for him. The case you are seeking to pursue may be something he/she dabbles in but does not specialize in. If you are seeking to hire someone to handle your personal injury case, for example, it is important to retain an attorney that specializes in personal injury cases. Your brother’s estate planning attorney may not be qualified to represent you. If, by chance, the referring "friend" was represented by a personal injury attorney, the same attorney may not necessarily specialize in your type of injury case. Get at least three recommendations, speak with each one, before making a decision. Consider example from the medical profession: You are suffering from a heart attack. What doctor do you want to treat you, a heart surgeon or a dermatologist?

Option 4 – Search the Internet. The internet is a “virtual” phone book. Researching lawyer directories may provide a comprehensive profile of attorneys, but how helpful is the information they provide? You are still sifting through and finding hundreds of attorney listings in your area. Who do you choose from all of those?

Option 5 – Call Lawsuit Financial. If you are looking for legal representation, you need to know that you are entrusting your case to an attorney that has your best interest in mind. You need an attorney who specializes in cases similar to yours. Lawsuit Financial can assist you in finding the best attorney available in all 50 states. We have strong relationships with the best attorneys nationwide. Within 24 hours, we will have at least one, most often three top-notch attorneys for you to choose from, and our referral system is absolutely free. Don’t settle for less than the best.

Mark M. Bello, our CEO/General Counsel, has 33 years experience as a trial lawyer and 11 years legal funding experience. He is the litigation funding industry leader. Lawsuit Financial can provide cash flow solutions and litigation cost financing for the necessities of life while a case is in the litigation process. Call Lawsuit Financial, toll free, at 1-877-377-SUIT (7848), or visit us ate www.lawsuitfinancial.com.

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Our most important job as parents is keeping our children safe; this is especially true in vehicles. Thousands of children are seriously injured or killed, each year, in auto accidents. Safety related internet sites and news reports have made most parents aware of the importance of child safety seats (car seat or booster seat); however, there is still a misconception that a child between the ages of four and eight, weighing over 50 pounds is safe using the vehicle’s seat belt. The truth is that seat-belt-only use leaves children vulnerable to serious injuries or death, even in low-speed crashes. For most purposes, parents would rather their children stay children longer; the common expression is "they grow up so fast". When it comes to child restraints, however, parents are putting their children in adult seat belts well before they are ready for them. Children in seat belts are more likely to sustain significant injuries in a crash compared to children in a child safety seat. Seat belts are designed for adults and do not offer enough protection for children. The child restraint used will depend on a child’s age, height, and weight – not just age.

Car seats, when installed and used correctly, are extremely effective in reducing injuries and saving lives. The American Academy of Pediatrics (AAP) offers a guide for families to help understand the type of car seat for infants and children depending on their age, weight, and height. Proper installation is equally important. It is imperative to read the car seat manual and the vehicle manual for proper installation.

When shopping for a car seat, choose one that fits your child’s age and size. Avoid used car seats if you don’t know the history. Never use a car seat that is too old, has noticeable cracks, is missing parts, or was recalled. Most importantly, do not use car seats that have been in a moderate or severe crash. The National Highway Transportation Safety Administration (NHTSA) states that a car seat must meet five criteria in order to be safely used after an auto accident:

• The vehicle was able to be driven away from the crash site
• The vehicle door nearest the car seat was undamaged
• There were no injuries to anyone in the vehicle
• The air bags did not deploy
• There is no visible damage to the car seat

One caveat is that some car seat manufacturers state in the user manual that a car seat should be replaced after any type of accident, no matter how minor. This is doubly important because if the car seat does not protect your child when the need arises, the manufacturer will not be liable if you did not follow the required instructions.

Lawsuit Financial urges all parents to make sure their car safety seats are properly installed in your vehicle to prevent injuries or death to children. Lawsuit Financial is a leading provider of auto accident legal financial services all over the country. Auto accident lawsuit funding is provided to people injured or disabled in an accident and are suffering financial setbacks as a result. Our objective is to reduce the financial pressures to settle a case too early or for too little. Repayment is contingent upon litigation outcome. For further information about cases we fund, call us toll free at 1-877-377-SUIT (7848). And please, parents: Be smart…buckle up your precious children

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An elderly woman, walking to the supermarket, was seriously injured by debris falling from the crash of an aerial lift into the roof of an apartment building in Philadelphia. The woman saw debris coming toward her, lifted her forearm for protection, and the impact of the boom broke her arm and crushed her elbow. She fell to the ground and got pounded with bricks and debris, suffering a fracture of her spine in the process.

Yesterday, Anapol, Schwartz, Weiss, Cohan, Feldman and Smalley, P.C., her retained attorneys, filed notice of suit against those responsible for the October 12, 2009 incident; formal suit filing is expected within 30 days. Besides Rosen, two others were injured and aerial-lift operator, James Wilson, was killed..

According to witnesses, Wilson was repairing loose masonry on a church building. A huge wheel of the lift platform ran over a fiberglass and cement cable TV box that was embedded in the sidewalk. The weight of the lift broke the cover of the box; the lift destabilized and fell, scattering debris. Wilson was killed when the lift crashed into a truck with Wilson still harnessed to the lift seat.

Rosen's attorneys called her injuries "significant" and "substantial" but declined further comment until doctors examine her and render a prognosis.

This lawsuit will be filed against the construction company and the church under construction. Commercial construction accident cases are hard fought "David vs Goliath" type lawsuits. The innocent victim, in this case, Ms. Rosen, typically retains an attorney on a contingency fee basis, so legal fees and costs do not cause financial hardship. But what about medical and hospital expense? What about rehabilitation expenses? What about wage loss? How does the typical accident victim pay his/her ordinary and extraordinary expenses? How does he/she support a family when there is no money coming in and a mountain of new medical expenses have to be paid?

The answer is construction site accident lawsuit funding from Lawsuit Financial. We will pay your ordinary bills and expenses as well as your accident related extraordinary expenses while you await settlement of your case. There are no interest bills to pay, no credit checks; legal funding is provided only against and on the merits of your construction site accident case. If you win your case, you repay principal and predetermined profit; if you lose your case, repayment is excused and the advance is "free". Repayment is completely contingent upon case outcome (similar to your lawyer's contingent attorney fee). For further information about construction site accident lawsuit funding, auto accident lawsuit funding, or any other kind of personal injury lawsuit funding, visit our website at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848). And please....be careful out there; you never know what might fall from the sky.

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There are over 600 cases pending across the country against pharmaceutical giant Glaxo, alleging that the company continued to promote and sell the popular antidepressant, Paxil, and, while doing so, knew about and withheld evidence that the drug caused severe birth defects. The first of these cases has been tried to a verdict in Philidelphia.

Glaxo must pay $2.5 million to settle a claim that Paxil caused significant heart defects in a 3-year-old boy. Michelle David alleged that her son, Lyam Kilker, suffers from life-threatening heart defects as the result of her ingestion of Paxil while she was pregnant. After his birth, Lyam was hospitalized for several months so that doctors could repair his heart. As he grows, he will, most likely, require additional surgeries. A Philadelphia jury deliberated for seven hours before reaching the verdict. The jury refused to award punitive damages, finding Glaxo negligent, but not guilty of "outrageous conduct". Glaxo promises an appeal and issued the following statement:

“While we sympathize with Lyam Kilker and his family, the scientific evidence does not establish that exposure to Paxil during pregnancy caused his condition. Very unfortunately, birth defects occur in 3 to 5 percent of all live births, whether or not the mother was taking medication during pregnancy."

Active ingredients in Paxil have been linked to a host of health problems, including a higher occurrence of pulmonary hypertension, and abnormally high blood pressure in the arteries of the lungs that can lead to heart failure.

David and Lyam’s attorneys, Sean Tracey of Houston and Jamie Sheller of the Philadelphia firm Sheller P.C., argued that Glaxo withheld information from consumers and regulators regarding the risk of birth defects and failed to properly test Paxil.

Paxil was initially classified as a drug with no known link to increased birth defects from its introduction in 1992. However, in 2005, the FDA began warning that Paxil may be associated with birth defects and strengthened its warning.

There are hundreds of remaining cases and attorneys representing Plaintiffs across the country will continue to press juries for a punitive damage award. The next trial is scheduled for next month in Philadelphia. The stage is set for a long battle over this controversial drug.

If you or someone you love has been effected by Paxil or other defective drug or product, you may have a right to bring a product liability lawsuit. Lawsuit Financial's 50-state professional referral service can assist you in finding a lawyer who specializes in this area of the law. If you have an attorney and are currently pursuing a lawsuit, we can provide you with product liability lawsuit funding. House payments, car payments, food, shelter, tuition, or any other important obligation can be provided with strategic and appropriate lawsuit funding. For further information, call 1-877-377-SUIT or visit www.lawsuitfinancial.com

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On August 4, 2008, two families began their planned two-week vacation at a rental home in Gearhart, Oregon. What happened next was devastating. Jason Ketcheson, was piloting a plane that crashed into home killing himself, a passenger, and three children in the home. Other family members inside the home were treated for burns at a local hospital and released. Shortly after the crash, it was determined that Ketcheson had been taking the sleeping aid, Ambien, sometime before the crash. The U.S. military permits pilots to fly as soon as six hours after the use of sleeping aids. Is this really a good idea? I wonder if there is any medical evidence proving that six hours is an adequate amount of time for everyone, in every situation.

Should one pilot a plane six hours after taking a sleeping aid? Although there is no conclusive evidence when Ketcheson last took the medicine or if it impaired his judgment, a low level of the prescription was found in his body. This airplane crash case has been under investigation for over a year, and a final report was just released. It states that Ketcheson failed to maintain control of the plane due to spatial disorientation, according to the National Transportation Safety Board. Van McKenny, chief investigator for the NTSB said that spatial disorientation is a common cause of crashes.

"Some of it is inadvertent. People get into situations where there are meteorological conditions before they realize it, and they don't have enough experience interpreting their instruments,"

Spatial disorientation occurs when a pilot’s perception of direction is not consistent with reality. It is typically a temporary condition resulting from poor weather conditions with low or no visibility. In the case of Ketcheson, there was heavy fog with visibility of about two miles.
"You get a lot of information from your eyes," McKenny said. "Once you get into the clouds, you lose that information, and you have to interpret your instruments. It's like sitting in a room without any windows and traveling 100 mph."

Because most of the plane was destroyed in the crash, investigators could not determine if the instruments had malfunctioned. To add to this tragedy, it was discovered that there was only one working window in the rental house. Would that have change the fate for these families?

Relatives of the victims have filed a wrongful death lawsuit against the estate of Ketcheson and his employer. The lawsuit accuses Ketcheson of negligence for flying the aircraft while under the influence of Ambien, and that he was negligent in following flight rules, controlling the aircraft, and taking the proper emergency measures. The lawsuit seeks unspecified damages for the death of 10-year-old Julia Reimann, and severe injuries suffered by Ruth Reimann (her mother), Christopher (her brother) and Sarah (her sister).

Airplane crashes, are usually catastrophic resulting in serious injuries and death to passengers and crew aboard the plane. Depending on the crash, a plane crash can claim the lives of those on the ground, as well. This case has already taken over a year to resolve, and may take an additional year or more to reach a settlement. Legal finance services can assist a grieving family through the lengthy litigation process. Lawsuit Financial provides lawsuit funding in airplane crash cases. This type of legal funding may increase the value of your case, because it will lessen the pressure you feel to settle the case early in order to pay necessary expenses.

We help victims and their families through a difficult and lengthy process by providing necessary funding to pay ordinary and necessary expenses such as house payments, car payments, medical expenses, funeral expenses, etc. until the lawsuit is resolved. Our lawsuit funding is contingent upon the outcome of the case – if the case is successful, we are repaid the principal plus profit. If your case fails, you owe us nothing. Lawsuit Financial will provide a free consultation regarding your lawsuit funding situation. Call 1-877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com.

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I saw an article in the Connecticut Post today called “Health Care Bills Sidestep Medical Errors Issue.” The article points out that the current health care legislation being considered by Congress takes only "modest steps" to address medical neglect or medical error. The article correctly points out that this issue is more deadly that inadequate medical insurance.

In its August 2009 comprehensive report on the issue, entitled Dead by Mistake, Hearst concluded that approximately 200,000 Americans die, every year, from preventable medical mistakes and that tools to fight these needless deaths are not utilized at many hospitals.

As my readers know, many pro-business, anti-justice concerns would ignore doctors' errors and ignore doctors' own glaring admissions that they perform unnecessary tests. These concerns would rather take trial lawyers and victims to task, instead. Crying "lawsuit abuse" or "tort reform", they would rather limit our recovery rights in or our access to the courts rather than do anything to reduce the number of medical errors and the staggering human and financial cost that results from them. Tort law changes would only save 0.5% of all health care costs, and leave injured patients with practically no legal recourse. Reducing medical mistake and neglect would mean healthier patients and lower cost.

So, let's re-frame the debate. Let's all of us urge the medical profession to cooperate in a joint effort to clean up their act and reduce the frequency and cost of their mistakes. A good start would be for the medical profession to support the insertion of two major recommendations of the landmark federal study, "To Err is Human" (conducted 10 years ago) into the health care package of bills . This comprehensive study suggested that 1. mandatory reporting of medical errors and 2. systemic changes to prevent future mistakes based on those reports would significantly reduce the incidents of medical error. Without medical error reporting, the outlook for serious change is bleak. Tell the medical profession to stop blaming the victims; tell them to stop blaming the lawyers. To quote the old proverb: "Physician, heal thyself".

In the meantime, Lawsuit Financial will continue to speak out on matters of importance to injury victims. We will continue to provide lawsuit funding to victims of medical error, auto accidents, or other injury accidents. For further information, or to apply for an advance, please call 1-877-377-SUIT or visit www.lawsuitfinancial.com

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8-year-old Jeremiah Newman was tragically killed in a head-on automobile accident, last Saturday, October 10, 2009. Jeremiah, a third grade elementary student from Jackson, Michigan, was a rear-seat passenger in a 1998 minivan being driven by his mother. His father, grandparents and brother were also passengers in the van. Unfortunately, Jeremiah was not wearing a seat belt. Apparently, the minivan, heading west on M-50 in Napoleon Township, MI crossed over unto the eastbound shoulder and was hit by an oncoming vehicle while attempting to get back into the westbound lane.

Barbara Dixon, of Napoleon Township, MI who was driving the oncoming eastbound vehicle, tried but failed to miss the van when it came back across. The van rolled over on impact and young Jeremiah was thrown from the vehicle. He was pronounced dead at the scene.

Jeremiah's grandfather, Gerald R. Lafond, 50, was also injured and listed in serious condition. Other occupants, Jeremiah's grandmother, Carol Lafond, 58, father Robert Newman, 33 and brother Brandon Newman, 12 were either treated and released or considered in "good" condition. Ms. Dixon was also listed in "good" condition.

Obviously, this tragedy spotlights the need to remind all of us to "buckle up". An investigation of this accident is still pending and it is educated speculation that the lack of a seat belt contributed to Jeremiah's death. However, according to the "Seat Belt Statistics" page of James Madison University's Comprehensive Safety Plan, one out of every five drivers will be involved in a traffic crash this year, approximately 35,000 people die in motor vehicle crashes each year, and approximately 50% of those could be saved if they had been wearing their safety belts. The site also provides this alarming statistic:

"For every one percent increase in safety belt use, 172 lives and close to $100 million in annual injury and death costs could be saved."

Most of us are familiar with the statistic that the majority of accidents, deaths and injuries occur within 25 miles from home. Thus, the thought that "I'm only going a few miles" doesn't cut it when we consider whether or not to fasten our safety belts. Please, whoever is reading this post, fasten your safety belt, every time, whether traveling short or long distance. According to the James Madison site, motorists are 25 times more likely to be killed or seriously injured when thrown from the vehicle than when they remain inside the vehicle. Had Jeremiah's family been aware of this sobering statistic, things may have been different.

Lawsuit Financial encourages all drivers to fasten their safety belts. Drivers can also refuse to drive away until all passengers fasten their belts, as well. According to the James Madison site, 90% of people who are asked to buckle up, will do so, when asked. You may be the safest driver in America, but you never know who is coming around the next corner, curve, or over the next hill. I have previously written about how auto accidents can change lives or, in this case, take lives, in an instant. Please, don't be a statistic; fasten your safety belts, every time.

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Rohie Kah, the 37-year-old mother of three, was left brain dead after a scheduled liposuction procedure at the Weston MedSpa in Weston, Florida. Recently, the family accepted the painful decision to disconnect her from life support. While this was a routine procedure that Doctor Omar J. Brito has performed numerous times, at some point during the procedure that was scheduled to last two hours, something went "terribly wrong," Kah's attorney, Michael Freedland, said. "A 37-year-old, healthy mother of three shouldn't go into a medical spa for a routine procedure and come out brain dead," he said.

Ms. Kah was scheduled for a liposuction procedure known as Carboxy Therapy, a medical procedure that improves the appearance of cellulite and stretch marks by injections of carbon dioxide. Lidocaine, a commonly used local anesthetic, was used during the procedure. Attorneys say it is possible she was given too much lidocaine; seizures are a side effect of too much lidocaine. While medical examiners have yet to say if lidocaine contributed to her condition, plastic surgeon Dr. Jennifer Levine of New York City said the anesthetic can prove deadly if administered incorrectly. "Lidocaine can have a direct toxic effect, depending on the dose that's injected," Levine said.

This case is in the beginning stages of an investigation; it has been revealed that the medical facility was not licensed, although Dr. Brito is a licensed doctor. So, what went wrong and why was the procedure performed in an unlicensed facility? Unfortunately, the answers will do little to ease the pain inflicted on the family – her husband and three young children, ages 4, 5 and 7 who are facing life without her.

Medical Malpractice is a serious issue and a leading cause of wrongful death. If you or a loved one has been the victim of medical malpractice or have experienced the death of a loved one due to the negligence of a health care professional, contact a medical malpractice attorney. You may be able to file a wrongful death lawsuit for loss of income and benefits, loss of companionship, medical bills, long-term care, and funeral expenses. If you do not have an attorney, Lawsuit Financial would be happy to refer you to one in your area from our list of preferred attorneys. Lawsuit Financial helps families deal with the financial realities that surround the death of a loved one. We will assess your case and explain your funding options. For a free analysis of your legal funding situation, please call us, toll free, at 877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com.

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The life of two year old Jordan Russell was changed forever in a single moment on August 4, 2009. As a result of that "moment", Jordan is paralyzed from the waist down. Her mother and her mother's companion have severe injuries, while her unborn brother, 3 pound Adyn, is dead, even before his birth. Efforts to save Adyn, by premature delivery, failed.

This tragic family was the victim of possibly alcohol-impaired driver, Oran John Spencer. Spencer was traveling on Oklahoma 82, ran off the road, hit a culvert, and over-corrected into the opposite lane of travel, where he struck the family's car, head-on. Blood alcohol tests are incomplete as of this writing.

Jordan Russell can't walk because the Aug. 4 crash "nearly ripped her spinal cord in half". Her mother, Vanessa Sunday, and companion, Michael Foutch, were severely injured. They do not remember the crash; they only remember waking up in the hospital, two days later, the day Adyn died. Vanessa, seven months' pregnant at the time of the incident, suffered a broken hip socket, and fractures of her arm, ankle and ribs. She also suffered a punctured lung, a ruptured spleen and underwent an emergency C-section in an attempt to save the baby. It is unclear whether the baby would have survived but for the trauma, but family members opine that he might have.

"I got to hold him a little while before they took him off the ventilator while he was still alive," Vanessa said. "That was the hardest thing I could ever do."

Michael suffered a head injury, a broken jaw, arm, pelvis and toe. He also suffered severe cartilage damage in his knee; the pain "wakes him in the middle of the night".

The crash and its tragic aftermath are enough for any family to have to endure, but there is much more to the story. It seems that there is a dispute between two insurance companies, arguing over responsibility. The family's medical expenses are approaching seven figures and the vehicle owner's insurance company is arguing with the driver's carrier. How long will this coverage dispute go on while this family struggles both physically and financially? Who knows?

I recently wrote in criticism of a new round of Oklahoma tort reform. I opined that tort reform is the first corporate bail-out. It is a synonym for "welfare" for billion dollar insurance companies and a license to further victimize victims. While the family is trying to put the pieces of their lives back together, they are being victimized again, financially, by the insurance dispute. The family has lost its home, is living with Michael's parents (thankfully, the home is handicapped accessible) and the insurance companies can't come together and resolve their differences. How about both of them paying the limits of their respective policies, which will surely be inadequate to compensate this family for its tragic loss? Oklahoma is not the only state in the union whose citizens' rights have been sacrificed or repressed to the benefit of rich and powerful insurance companies; it is a sad, recent addition.

The tort reform crowd (US Chamber and Insurance lobby) has now pounced on the health care reform debate to push their evil anti-citizen agenda. They have engaged in a misleading, but successful, campaign to demonize attorneys and victims; they cry about "lawsuit abuse" and "jackpot justice". Where is the "jackpot" or "abuse" in this case? Where is simple "justice" for this family? "Trial lawyers" are bad; just ask an insurance adjuster, as he offers you pennies on the dollar for your valuable case. Lawyers are easy targets; everybody hates lawyers, right? That is, until the 'haters' become 'victims'; until that "single moment" happens to one of them.

Lawsuit Financial provides financial support to people involved in personal injury litigation. Our lawsuit funding company attempts to assist in the achievement of justice for injury victims by providing the financial help they need now so that they do not have to compromise a valuable case for pennies on the dollar, while the insurance company deliberately delays or denies payment. Repayment of our lawsuit funding advances are completely contingent upon the outcome of the litigation; if the plaintiff lose the case, repayment of the legal funding is excused. We provide auto accident lawsuit funding as well as lawsuit funding for many other types of personal injury cases. Interested plaintiffs can apply for litigation funding from Lawsuit Financial by calling 1-877-377-SUIT (7848) or visiting us on the web at www.lawsuitfinancial.com.

While these insurance companies "delay, deny, confuse and refuse", a fund has been set up for the family at Tulsa Teachers Credit Union. You may send your tax-deductible checks to:

Tulsa Teachers Credit Union
Michael Foutch Fund
3720 E. 31st, Tulsa, OK 74135-1507.

Or you can Call TTCU at (918) 749-TTCU (8828) or toll-free at (800) 234- TTCU (8828) for more information.

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How’s this for a bizzare case? Jerry Kubena, Sr. was suffering from a heart attack when he was admitted to St. Joseph's Medical Center on June 1. Dr. Cleveland Enmon was on staff in the emergency room at the time Kubena was admitted, and was the attending physician. Two nurses working alongside Dr. Enmon noticed that Kubena was wearing a Rolex watch. Later, when Dr. Enmon pronounced Kubena dead, the nurses noticed Kubena’s watch was missing. The nurses suspected Dr. Enmon had stolen the watch, and this was confirmed on hospital surveillance cameras. The children of Mr. Kubena have filed a wrongful death lawsuit against Dr. Enmon, stating that the doctor intentionally abandoned efforts to save their father and save his life in order to steal his Rolex watch, estimated to be valued at $11,000 to $45,000.

"Enmon abandoned his efforts to resuscitate (the) decedent and decided instead to satisfy his narcissistic desires by stealing the wristwatch", said Stockton attorney Jeffrey Silvia, in a lawsuit filed Wednesday in San Francisco Superior Court. The suit was filed against Dr. Enmon, St. Joseph’s Medical Center, and Catholic Healthcare West, which owns the hospital.

The family alleges that Enmon ceased efforts that could have saved Kubena’s life in order to steal the watch, and the hospital attempted to cover up the incident after Enmon had been fired. The lawsuit charges the hospital and its owners with conspiracy, negligent hiring and supervision. The Kubena family is seeking compensatory damages for their loss, and pain and suffering, emotional distress, and loss of companionship. They are also seeking punitive damages for negligence, fraud, and breach of care.

This was, quite possibly, a needless death. It is certainly questionable whether Mr. Kubena received proper care, or whether with proper care, he could have survived, but his actions, if proven, are inexcusable. And, if these acts weren't bad enough, the medical center, according to the lawsuit, conspired to cover up Dr. Enmon's acts, and this makes the Kubena family’s grief and suffering that much more unbearable. In the midst of the investigation over the missing watch, they were unable to grieve at their father’s bedside. If Mr. Kubena was wearing a Timex watch, would his heart may still be ticking today?

The grief that follows the loss of a loved one can be overwhelming. The last thing family members want to think about after the death of a loved one is the expenses (funeral expenses, medical bills, outstanding household bills and charges) to be settled, as they try to adjust to life without a loved one. When you think you may be entitled to compensation for the wrongful death of a family member or loved one, one of the first things you should do is consult with an experienced wrongful death lawyer. A wrongful death lawyer can help you get through the legal complexities, so you can focus on the grieving. If you do not know an attorney who specializes in wrongful death lawsuits, Lawsuit Financial has excellent legal referral sources all over the country and will locate a legal specialist in your area within 24-48 hours. This is a free service. Seeking compensation may take longer than expected, especially when dealing with large corporations and their insurance companies. Legal finance services can help the surviving family members by covering unexpected expenses while waiting for repayment, contingent upon settlement of the case. The family can focus on healing from their loss rather than calculating expenses and rushing to or worrying about how they will pay their bill. Lawsuit Financial provides financial assistance to families while they pursue litigation for the wrongful death of a loved one. A series of Lawsuit funding can provide valuable financial assistance to the family of the victim. Our litigation funding professionals will evaluate your wrongful death lawsuit funding request to see if you qualify for a cash advance, a series of cash advances, and how much your case can afford. Call us toll free at 1-877-377-SUIT (7848) for a free analysis of your situation. The call is free; the advice is priceless!

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

Posted In: Legal Funding Lawsuit of the Day

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It happens everyday, someone stumbles, slips or trips and falls to the ground. Often, if or when this happens, a person is able to get up, dust themselves off or collect themselves, and venture on, suffering embarrassment, but no injury. Others, particularly our senior citizens, may suffer serious injury, even death, as a result of a fall. If the fall occurs on someone else's property and/or is the result of a person's or a business's negligence, there may be grounds for a Premises Liability/Slip & Fall lawsuit.

Defective stairs or walkways, failure to salt after the last snow, failing to clean up debris after a storm, wet floors without "wet floor" caution signs, sticky floors, sidewalk block raises, sticky floors, falling merchandise, leaky ceilings, all of these could lead to a fall, to liability and to a lawsuit against the person or business that caused the problem or failed to remedy it. Civil law requires compensation for the seriously injured, innocent, victim.

However, the wheels of justice turn very slowly and the compensation sought could be months, even years away. A seriously injured or disabled person, one not working as a result of an accident, is at a significant disadvantage against a powerful, well financed commercial or homeowners insurance company. Insurance companies deliberately drag their feet to make the injury victim desperate to resolve the case. So, the victim asks, "how do I make ends meet while waiting for my attorney to resolve my case for its full value? How do I pay my necessary bills and expenses plus the added medical and other expenses related to my injury?" The best answer I can give you is to seek the advice of your attorney and ask him/her to refer you to an experienced provider of lawsuit funding services.

Lawsuit funding is available to anyone involved in a personal injury lawsuit, inclusive of slip and fall cases. Simply stated, lawsuit funding will provide you the money you need to pay your necessary payments, house payments, rent, car payments, groceries, utilities, medical bills, tuition, any and all important obligations. The best part is that these lawsuit cash advances are made against the future proceeds of your case and not against your valuable personal assets. And, best of all, they are completely contingent upon the outcome of your case. If you don't win your case or lawsuit, you don't have to pay the money back!

Most of what our lawsuit funding company will need will come from your lawyer. You need to talk to your lawyer; let him/her know you need financial help (If you don't have a lawyer, Lawsuit Financial can refer you to a slip and fall specialist in all 50 states). Ask him/her to cooperate with the lawsuit funding company when a fax, email or telephone call is received. Records will be requested and reviewed; our lawsuit funding company will need to determine whether you have a reasonable chance to succeed. Your credit standing/history, whether or not your are employed, whether you own a home or other valuable asset doesn't matter to the lawsuit funding company. We care only about the quality of your case and the potential compensation you may receive.

If you are involved in a pending slip & fall/premises liability case, or any other type of personal injury case and need financial assistance, lawsuit funding may provide the help you need. A quick visit or telephone call to Lawsuit Financial may provide the answers you are looking for and the support you so desperately need. Don't settle your case for a lower than full value; consider lawsuit funding from Lawsuit Financial, instead.

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

Posted In: Lawsuit Funding Tip of the Day

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Halloween is a festive time of year, filled with spooky costumes, haunted houses, and lots of delicious candy. But homeowners shouldn’t forget the responsibility posed on them from this holiday’s tradition. All those ghosts and goblins coming to your door can be a real treat, but the trick could be on you without proper safety measures. Your primary concern should be the trick-or-treating kids and their safety. If, after efforts to maintain a safe property, a child is injured, you may be held liable for these injuries, if your negligence was a cause of the injury. Consider this scenario. Emily, your eight-year-old neighbor cuts across your front lawn and trips – maybe on leaves, or her own feet. It's unclear, because it's dark outside. She falls and breaks her arm. Are you liable? Will you have to cover her hospital bills? Are you covered? What if the pumpkin on your porch gets knocked over and pumpkin goo spews out causing a little one to slip and fall?

In both scenarios, you may be held liable because in the eyes of the law, Emily is not competent because she is a child. Homeowners must take every precaution to keep children from getting hurt. Because she is a child, the burden would be on you to prove you weren't negligent. According to a recent safety article, homeowners face many liability and security issues on Halloween. Halloween night poses a great many risks for homeowners; check your property. Are there any potential dangers for kids? Is there enough light? Is the porch clean or debris? Are there property defects that could cause a trip or slip? Is your homeowners insurance up-to-date?

Opening your home, even if it’s just your front porch, to the public leaves you vulnerable to all kinds of claims and lawsuits.

In determining a property owner's "reasonableness," the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean. It considers whether or not the property owner took precautions to make the property safe. Premises Liability is the law that governs slip and fall accidents and determines who is at fault for them. Slip and fall accidents frequently cause significant injuries. Many of these injuries are serious and require significant medical attention and treatment. An attorney can help determine whether those responsible are liable for damages. Lawsuit Financial has relationships with many fine attorneys who specialize in this area of the law; we can refer you to a specialist in your neighborhood. It sometimes surprises people to know that a slip and fall can result in serious injury or death; the victim is often entitled to substantial damages if they can withstand the rigors of the litigation process.

Unfortunately, when you have been injured in a slip and fall accident, it often takes far too long to achieve a settlement; these cases are usually highly contested on both damages and liability. It is difficult to wait months, sometimes years, to get the settlement you deserve. Lawsuit Financial levels the playing field by advancing cash to cover a plaintiff’s pressing financial needs. We understand the financial strains associated with a lawsuit; bills must still be paid and sometimes it is more difficult if there are additional burdens due to medical treatment, being out of work, or possible funeral expenses. We provide you with the lawsuit cash you need to while your case is in progress so you won’t feel pressure to accept a low settlement offer. Contact us online or call 1-877-377-SUIT (7848) to discuss case financing for your slip-and-fall case. And remember, if you lose your case, you owe us nothing.

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

Posted In: Lawsuit Funding Tip of the Day

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