Posted On: November 29, 2010

Asbestos Will Continue to Poison Workers with Mesothelioma for Years to Come

A jury awarded $1 million in the wrongful death of a man who died from mesothelioma cancer, a rare form of cancer caused by exposure to asbestos. The tugboat worker was initially diagnosed with mesothelioma in May 2008; he died a year later.

The man worked in various capacities on tugboats for the New York State DOT for thirty-five years. He claimed that his mesothelioma was caused by exposure to the asbestos-containing equipment he repaired and maintained while working on a tugboat. Although his exposure to asbestos occurred in the 1950’s, his death is relevant because mesothelioma symptoms can take up to 50 years after exposure to asbestos. In fact, lawsuits over mesothelioma from asbestos exposure are the longest running tort in U.S. history, dating back to 1929.

This case did not take as long as some to get through the court system; this doesn’t mean the plaintiff didn’t go through years of pain and suffering – from his period of illness, through treatment, medical expenses, death, and funeral expenses. Every year another 2,000 – 3,000 new cases are diagnosed. No amount of compensation will ever stop the pain and suffering; no amount will save a dying loved one because there is no known cure for mesothelioma cancer.

Many families wait several years for a settlement to be reached. The long, hard battle to reach justice may place a financial burden on a victim’s family. Loved ones need to know that they do not have to settle for too little, too soon. They can apply for lawsuit funding, a lawsuit cash advance against a potential jury verdict or settlement.

At Lawsuit Financial, we know that it is tough to manage a loved one's illness, medical expenses, funeral expenses, plus all the daily household bills and expenses. The corporate giants have all the time and money in the world; they wait until most plaintiffs become financially desperate to settle. Their goal is not justice. Lawsuit Financial hopes that by assisting with daily expenses, plaintiffs can wait for justice to be served.

If a loved one has died from mesothelioma cancer due to improper working conditions and you have filed a wrongful death lawsuit, you may be able to receive pre-settlement funding. If you qualify, the lawsuit loan can be received within 24 – 48 hours. Use litigation funding to pay for medical expenses, therapy, medications etc., in addition to the monthly bills such as mortgage, rent, car payments or utilities. There are no fees and no monthly payments. Credit and employment do not matter because we focus on the case and the case, alone. And, if you lose your case, you do not have to repay the lawsuit cash advance. This is, truly, no-risk legal funding.

Posted On: November 23, 2010

Plumbing Error Results in Fire, Death and Verdict

Shortly after plumbing work was done, a homeowner thought she smelled smoke. She contacted the plumbing company and was advised that a plumber could not return to the home until the following day. The delay in returning proved fatal; the home went up in flames several hours after the call and the woman perished in the fire.

Her family filed a wrongful death lawsuit alleging the the plumber and the company were guilty of negligence. Attorneys argued that the report of smoke odor required immediate attention. The defendant argued that the woman was told to call the company again if the problem persisted; instead, she fell asleep. The jury ruled in favor of the plaintiff.

While no amount of money will return this woman to her family, the reasonable award in this case will help the family with funeral expenses, loss of companionship, and pain and suffering. If the woman was a “bread winner” it will help pay for the loss of her wages, as well as providing a new or restored home for her survivors.

Tragedies like this one will often cause surviving family members to struggle, financially, to pay the bills associated with the death of a loved one. Wrongful Death lawsuits can take months, even year, to resolve. The best vehicle to use for a loan is the equity in the house; that was destroyed in the fire. Maybe this family tried a bank, maybe not. If they called the bank, they were likely turned down. So, what can they do about their mounting bills? With a solid lawsuit as collateral, they could have applied for a lawsuit cash advance; emergency lawsuit funding to keep afloat financially while awaiting a settlement. These legal finance cash advances relieve the financial pressure and prevent resolving the lawsuit too soon, for too little.

Once approved for pre-settlement funding can be available within 24-48 hours. The cost of a lawsuit cash advance is usually rather expensive; thus, it should be used to pay important bills and expenses. In this case, death related expenses, like funeral and burial expenses would be appropriate. In other situations, injury, disability and/or death often cause people to fall behind on mortgages, rent, car payments, tuition and other necessary expenses. The goal of legal funding is to allow a plaintiff is able to wait for a fair and equitable settlement or jury verdict.

The plaintiff pays no monthly fees; he/she is only obligated to repay the litigation funding cash advance if the lawsuit resolves successfully. The obligation is completely excused if the case is lost. So, why accept inadequate offers by greedy insurance companies who deliberately delay proceedings to make you desperate? Lawsuit funding provides the financial resources necessary to allow the plaintiff to wait out the long, legal process and receive appropriate and just compensation.

Posted On: November 22, 2010

Head On Collision Kills Three, Injures Three

Sometimes, we are simply in the wrong place at the wrong time. Sometimes, we are just unlucky. There are no rational basis for events that suddenly take the lives of young adults and children with their whole lives in front of them. People who support tort reform or who put pro-business interests ahead of our common humanity must think that these types of events won't happen to them. They must think that they are immune, right? Because, If they or their family members could suffer serious injuries or death in a tragic accident, they couldn't possibly advocate for a civil justice system that would treat them or their family members the way they and their pro-business, tort reform advocates treat others. To read or listen to their garbage, one would think that business is the victim, not the horrifically injured person.

Take this savage accident, for instance. It is responsible for the deaths of at least two children. A man was heading east when a west bound car driven by a visiting Australian man crossed over the center line and slammed into his vehicle.

And, just like that, two children and a young mother are dead. All were seat belted, but the impact was too severe for the belts to save their lives. Three others were seriously injured, taken to hospital for medical care.

So, why did the west bound car cross the center line? I suppose a police investigation will reveal what caused this accident. So, most likely, will a subsequent lawsuit filed by the injured and the survivors of those killed in the crash. Losing a loved one or caring for seriously injured survivors is enormously expensive and compensation is necessary and appropriate. Does it matter that some business's bottom line is effected?

And, insurance companies, even in situations as tragic as this one, are often willing to play waiting games with people's lives. Their money, business as usual, the corporate bottom line, is that important to them. Thus, these greedy insurance companies will delay the proceedings for as long as possible. They will attempt to make plaintiffs desperate to settle, just to pay their medical bills or regular important bills and expenses like mortgage, rent or car payments.

In response to this dastardly insurance industry behavior, an industry, the lawsuit funding industry, was born. Serious accident victims, those who are victimized a second time by the delay, deny, defend tactics of an insurance company, can now get pre-resolution financial assistance from a litigation funding company. If the case qualifies, pre-settlement funding will help seriously injured accident victims or wrongful death survivors handle their financial obligations, whether they arise from the accident (medical expenses, funeral/burial costs) or whether they are regular expenses that can't be paid because of the accident (mortgage, rent, car payments, etc.). A quick phone call or online visit to the legal finance website will get you started. The money you need can be in your bank account with 24-48 of the time of your initial phone call. And, since qualification is based solely on the quality of your case, your credit situation does not matter.

There are no costs associated with filling out an application for lawsuit funding; there are no upfront fees and no monthly payments to make. It’s a very simple and straightforward process. The person applies, has his case assessed, and gets approved; the money is forwarded, by check or wire, his bills are paid; the financial pressure to settle too early for too little compensation is removed, and he may comfortably wait for the case to resolve for full value. A plaintiff who can wait out the process for appropriate compensation is the insurance company's worst nightmare.

Posted On: November 20, 2010

Exploding Car Severely Burns Minnesota Man

A head-on crash with another car in a demolition derby left a young Minnesota man severely burned due to an exploding gas tank. The man's brother and a friend pulled him out of the flaming wreck and he was airlifted to a hospital for treatment in their burn unit for his arms, torso and face. His son was watching from the sidelines while this happened.

It’s unclear just exactly what happened here, but there a certainly questions that need to be answered, not the least of which is was the gas tank defective, why weren’t there fire extinguishers near track side for situations like this and what were the road conditions etc. Litigation will likely be need to sort out potential liability in the case.

These severe injuries are likely to have a substantial impact on the man's financial situation; his ability to earn a living will, likely, be substantially impaired. If a lawsuit is pursued, it will take months, possibly years, to resolve. And, the ultimate resolution may not be in this seriously injured man's favor. So, how does he support himself and his family while waiting to heal? How does he support himself and his family while waiting for his lawsuit to resolve? One good answer may be lawsuit funding, the service that provides lawsuit cash advances against pending litigation. Since this legal finance process has nothing to do with an applicant's credit, the money he needs can be in his hands within 24-48 hours after his initial application. It is easy to apply for litigation funding; accident victims may do so online or by calling the legal funding company directly.

Pre-settlement funding
enables disabled plaintiffs to handle all medical bills, therapy costs, medications and even required surgery, as well as their usual monthly expenses, like the mortgage, tuition, rent, car payments etc.. And, with the financial pressure removed, plaintiffs can patiently wait for a fair litigation outcome. They do not have to accept the inadequate offer that a greedy insurance company is trying to squeeze them to take.

Again, lawsuit financing applicants do not go through credit checks; they don’t have to have a job; they don’t pay upfront fees or monthly payments on a lawsuit cash advance. They receive their money, in a lump sum or in payments over time, and then wait, patiently for the case to resolve for full value. And, if the plaintiff loses the case, he/she does not have to pay the money back. Ours is more than a no fee guarantee; the lawsuit funding company guarantees a case recovery equal to the amount we gave the client. Even the handling attorney can't do that!

Posted On: November 9, 2010

Toddler Injured in Freak Auto Accident; Lifetime Round-the Clock care Required

A freak automobile accident in 2008 has left a toddler permanently disabled, requiring around-the-clock care for the rest of her life. After a truck driver ran a red light, he tried to apply the brakes in order to miss a van driven by the child’s mother. In doing so, multiple pipes broke loose from a pipe rack on top of the truck and smashed through a rear window of the van, striking the child in the head. Now, the toddler suffers permanent injuries, including blindness and traumatic epilepsy.

The family recently announced that they settled a lawsuit. The multi-million dollar settlement will be used to cover a lifetime of care for the child, including medical expenses which have already exceeded $850,000 for the first two years since the accident. A sudden, unexpected event, like a serious automobile accident can happen to anyone; this sudden event can change your life forever. Because insurance companies will typically look at an injury case as a battleground, cases often take years to settle. Fortunately, for this family, the insurance company was a progressive partner is resolving this case rather quickly. It would be nice if more insurance carriers made safety and justice a top priority instead of declaring war on victims and their lawyers.

Driving a vehicle is a dangerous activity; we, all of us, are one accident away from having our lives drastically changed. Many safety improvements have been made to vehicles, in my lifetime, to reduce incidents of serious injury and/or death, but a serious accident can still happen to you, to me, or to our loved ones. That is why I cringe when I hear terms like "lawsuit abuse" and "frivolous lawsuits". These words are "code" for "lets reduce the amount seriously injured people can receive when they are catastrophically injured or killed in an accident". Supporting these absurd concepts and electing and appointing judges who are hard on victims makes all of us less safe. Why, you ask? Because if there are not serious consequences to those who would maim and kill us, there is no incentive for them to act safely and more responsibly. Hitting a wrongdoer in the pocketbook is often the only message that the wrongdoer understands.

Most cases, because of insurance and big business delay tactics, take years to resolve. Had this case been prolonged for years, this courageous family may have suffered tremendous financial setbacks as well as the emotional and physical hardships it is enduring. The perfect solution for seriously injured accident victims caught in a cycle of litigation delays is for those victims to investigate lawsuit funding. A lawsuit cash advance may be available to help an injured person or loved one pay important bills and expenses, while waiting for a fair resolution of his/her case. With the financial pressure removed, there is no need to resolve any case for less than the full value of the injuries. The application process is quick and easy; Lawsuit Financial, for example, has an application and approval process that may take as little as 24 – 48 hours. There are no fees to apply, no credit check, no job requirement, no payments to make. And, if you lose the case, you keep the money free of charge. There is really no risk with companies like Lawsuit Financial.

If you are struggling financially while waiting for your lawsuit to settle or resolve, you owe it to yourself consider legal finance services. A lawsuit cash advance can give you the leverage you need against the insurance company are prevent you from being forced to settle too soon for too little. Lawsuits are vehicles that advance the cause of safety and justice; time is usually on the side of the wrongdoer. Automobile accident lawsuit funding helps put time on your side.

Posted On: November 6, 2010

Hospital Medication Errors Result in Death

When we think of medical malpractice, we often think of a doctor that performed the wrong surgical procedure, amputated the wrong limb, or maybe left a medical sponge in a patient’s body. However, there are many more subtle cases of negligence by doctors and nurses; one of the most common is medication and prescription mistakes.

A man suffering from chronic obstructive pulmonary disease (COPD) was admitted to the hospital for observation. His hospital roommate was battling cancer and was receiving the powerful painkiller, OxyContin. A nurse inadvertently gave the painkiller to the COPD patient, instead of the Cancer patient and, within 12 hours, he was dead. The hospital admitted liability, but the two parties could not agree on a settlement amount for the victim’s family. They did however agree to a range ($100,000 - $325,000) for damages and if they verdict fell in that range, neither party would appeal. Five years later, a jury has ordered the hospital to pay the plaintiffs family $154,000.

At first glance, how does this resolution strike you? Its low, right? Where's this "jackpot justice" you've been reading about? Well, this victim was suffering from an advanced stage of COPD; he had a life expectancy of a year. He was, most likely, not experiencing much pain when he died. Had hospital staff discovered the medication error, quickly, intubation would have helped him breath, allowing the painkiller to work its way through his system. But, there was an order that he did not want to be intubated for breathing. The civil justice system is one of fair compensation; it accounts for and corrects for the particular situation that confronts it. There is no jackpot justice.

Now, consider a 28-year-old who was admitted to the hospital with a broken arm following an automobile accident. When his mother arrived at the hospital, she saw a breathing tube in his nose and a surgical trauma team ready to repair a fracture. The mother was assured her son’s injuries were not life-threatening. Later that day, she was told he slipped into a coma. He died three weeks later – from a broken arm?

It was later determined that the he died from an overdose of Fentanyl, a painkiller usually given to critically ill patients. This medical mistake stripped a five-year-old little girl of her father. The hospital offered to help pay for his funeral expenses. This man was not terminally ill; he was a healthy 28-year-old father working to support his family. What is the value of his life to his family? The jury awarded $3.2 Million. I know what some of you are thinking: This is also too low. $3.2 Million for the life of a 28-year-old father?

In these two cases, reasonable juries made reasonable decisions. Although both families would prefer to have their loved ones with them today, they feel the settlements were fair and reasonable. These cases are perfect examples that there is no “jackpot justice.” The jury in both cases did not dole out millions of dollars in "frivolous lawsuits". Serious mistakes were made; people died, and reasonable amounts were paid. The more important question is: Did these hospitals learn their lessons? Did they change medication dispensing protocol? How many lawsuits and how many verdicts will it take for them to adopt safer measures? What would be reasonable compensation if these were your loved ones?

There are technological improvements being instituted to improve medication safety, most hospitals do not permit doctors to hand write scripts; they must, instead, input a patient's prescription into a computer. Is this enough? Of course not; but, it will cut down errors. Patients and their loved ones should always ask questions and gain confidence in the care being rendered. Double check and be diligent. Safety begins with your doctor; but a hospital should also require that three pairs of eyes - the doctor's, a nurse's, and a pharmacist's - verify that the correct medication is being administered in the correct dosages to the correct patients. Patients and hospitals should never assume that nothing could go wrong.

So, what do you think? Were these appropriate verdicts for the negligent actions of the health care professionals responsible for the deaths of these patients? Medical malpractice reforms substantially reduce fair settlements and prevent you and your loved ones from holding those responsible for serious injury and death, accountable for their actions. Reducing the penalty for errors makes all of us less safe. Is that what you want for you and your family? Isn't it time we put safety first at whatever the cost?

If you believe you or someone you love has been the victim of a prescription error or medication mistake, you should contact a medical malpractice attorney. Additionally, if you or your family is going through the emotional and financial stress from a medical malpractice or wrongful death, litigation funding may be the answer to help you through these times. No amount of money will ever replace a loved one, but lawsuit funding can help financially through the most difficult times. It is a means to assist with your financial burdens while your lawyer seeks appropriate justice.

Posted On: November 6, 2010

Five Year Old Automobile Accident Results in Verdict-Justice Takes a Long TIme

A woman was awarded $300,000 in damages for injuries sustained in an automobile accident five years ago. She was a passenger in a vehicle that collided with another car at an intersection. A news article reported that the woman’s injuries were to her right ankle, left knee, back and neck. If you accepted the press report version of her injuries, you may not concur that she deserved the compensation. However, the jury had all of the facts; the press didn't and usually doesn't when reported these events.

This case may be a perfect example of how inaccurate reporting by news and press services can create negative impressions about our civil justice system and why victims receive the level of compensation awarded. Again, juries hear the full facts and are instructed on the law by the judge; the press and the public are not. How extensive or serious were this woman’s injuries? Did she have surgery? Has she recovered 100%? Is she still disabled? Has she returned to work? Will she ever return? Is her disability permanent? Is she disfigured in any way? To what level? How much pain did she endure? Is she still in pain? At what level, five years later? How much income has she lost? What was the spin-off effect of that lost income? Did she lose her house? There are many unanswered questions.

Most accident victims are forced to file a lawsuit because a greedy insurance company won't compensate him/her at a reasonable level. Further, the insurance company knows that the system takes a long time to resolve cases and compensate victims; the money due an injury victim can sit in the insurance company's bank account for years, earning interest, while the injured and under-financed plaintiff grows more and more desperate for a resolution. Insurance companies will typically withhold settlement and/or resolution unless it is in their own best interest to resolve the case or until a judge or jury force them to pay. Their are only two services that work in the injured party's favor. One is that he/she can hire the best automobile accident lawyer in town on a contingency fee basis. That means that the lawyer risks his fee on the outcome of the case. He doesn't charge a dime unless he wins; he doesn't get paid if he loses (and, he usually loses the money he spends on the case). He is a difference maker; he can counsel an injury victim and assure receipt of a fair settlement. But, he must operate within a system that is overburdened and takes a long time to produce results.

The other, lesser known service, available to a cash-starved plaintiff is lawsuit funding The lawsuit took five years to settle. How much did she suffer physically, emotionally, and financially in that time? How did she support herself and prevent the insurance company from taking full advantage of her desperation? Litigation funding may have been her solution. Legal finance services will help accident victims by paying their important bills and expenses (rent, mortgage, car payments, tuition, utilities, groceries, etc), relieving the financial pressure to settle a case too soon for too little. The lawsuit financing company, like the contingency fee lawyer, will wait for repayment until the case is resolved, successfully, and, like the attorney, will excuse the obligation if the client loses the case. Thus, legal funding is a no-risk service for an injury victim.

A lawsuit cash advance is a simple process – make a phone call, complete an application; if approved, funds will be in your hands within 24 – 48 hours by check or wire. There are no fees to apply, no monthly payments, and, again, repayment is contingent upon you winning the case. With lawsuit funding, what do you have to lose?

Back to our automobile accident victim: For all we know, this settlement could be extremely compared to the woman’s past, present, and future financial situation. Please don't believe the nonsense you hear about "jackpot justice", "frivolous lawsuits" or "lawsuit abuse". Those are phrases that the insurance industry and other Goliath industries use to persuade you that the system is broken. When it is you or one of your family members involved in that serious automobile accident, who will you turn to? Will you rely on the honesty and integrity of an insurance company to do the right thing? Or, will you turn to a pro-justice, pro-victim,contingency fee attorney? You know the answer; so stop listening to the nonsense.