Posted On: January 31, 2011

Woman takes a spill over garbage spills

A tenant in an apartment building filed a personal injury lawsuit alleging she slipped and fell on trash-covered stairs. As a result, she developed bulges in four spinal discs. The victim filed a personal injury lawsuit against the landlord claiming that he knew other tenants were spilling trash as they carried bags down the stairs, and no one was cleaning up the strewn garbage.

It is not always clear who is legally responsible for a victims injuries due to a slip and fall accident. What is due to the property owner’s negligence or was the victim careless or did not take precautions to avoid conditions that could cause the fall? How do you prove fault in a slip and fall accident? In residential settings, including apartments, landlords may be held liable to tenants for slip and fall injuries. Here are two general rules to help determine fault.

1) A person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition", and that the property owner of knew of the dangerous condition.

2) A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances.

The plaintiff was able to prove to the jury that the landlord was liable for her slip and fall accident.

Slip and fall accidents can be expensive, disruptive, and painful. Injuries may be long-term or permanent. If you experience injuries on someone’s property due to unsafe or dangerous conditions, the property owner may be held liable for your injury, and you may be entitled to compensatory damages for your pain and suffering, medical bills, lost wages and the treatment of your injuries. What if you become financially strapped while waiting to receive fair compensation?

Pre-settlement funding is a good option for plaintiffs in such a situation. With lawsuit funding, a plaintiff can receive a cash advance against their pending lawsuit to get through any financial difficulties as a result of their injuries. The cash advance would help pay medical bills and take care of other important bills such as the mortgage or car payments. Applying for litigation funding is quick and easy, and can be done online or on the phone. Once approved, funds can be available within 24 – 48 hours. Don’t succumb to your financial setback when lawsuit funding may be an option for you to wait for fair compensation.

Posted On: January 25, 2011

Sharing The Road With Impaired Truckers

What is the difference between a semi-truck driver and other drivers behind the wheel while under the influence of alcohol or drugs? The only difference is that the trucker is driving a very large, very dangerous big rig. Although alcohol is much less prevalent among truckers than automobile drivers, studies show that illicit drugs such as marijuana, cocaine, or amphetamines/methamphetamines were more prevalent. A trucker high on marijuana will struggle with concentration, reaction times, and perception - three issues that could easily cause a collision. Truckers high on stimulants could be jittery or extremely fatigued when the drugs wear off - and trucker fatigue causes upwards of 30 percent of all truck accidents.

Even though there are laws and federal regulations that try to prevent drunk or drugged truck drivers from getting behind the wheel, there are still alcohol and drug impaired commercial truck drivers barreling down our roadways everyday. According to a study conducted by the Insurance Institute for Traffic Safety, 15 percent of truck drivers had marijuana in their systems, 12 percent had non-prescription stimulants in their systems, five percent had prescription stimulant drugs in their systems, two percent had cocaine in their systems, and one percent had alcohol in their systems.

Although strict federal regulations by the Department of Transportation, and enforcement by the police, have significantly curbed the problem of substance abuse by truckers, the issue is still a big concern. Think about how many trucks you pass in any given day. Now what if just one out of every hundred was impaired. Still a scary thought, isn’t it? And, the results can be serious or deadly.

Take for example the impaired driver of a box truck who slammed into two vehicles waiting at a stop sign. The driver of one vehicle sustained a lacerated face, as a result of broken glass and the driver of the other vehicle suffered a herniated disc. The trucker tested positive for methadone, Xanax and morphine and admitted he had used heroine two days before the accident.

The drivers of both vehicles filed a personal injury lawsuit. Although a jury awarded in favor of both plaintiffs, it was not before they went through some financial setback. The driver who suffered a lacerated face did not have health insurance. The medical expenses alone would be a financial hardship. Added to that the time from loss income and it could have been devastating for both drivers. What is a plaintiff to do when a financial setback arises due to the negligence of another?

There is a silver lining in the dark cloud. Most victims do not realize they can apply for a cash advance before their lawsuit settles. This is called lawsuit funding. It is not a loan because the money does not have to be paid back unless the case is won or settled. There are no upfront fees, no monthly payments, and no need for employment of a credit check. A lawsuit cash advance carries no risk because the plaintiff owes nothing if they lose the case. Lawsuit pre-settlement funding programs provide immediate cash to give a plaintiff and their attorney time to negotiate a fair settlement!

Posted On: January 24, 2011

A Jury Award: Determining a Reasonable Settlement

We often see newspaper headlines reporting large jury awards. These are newsworthy because they involve large amounts of money, but what seems lost in these sensationalized reports are the serious injuries, with associated severe pain, suffering, and income loss that precipitated the result. In truth, large settlements or jury awards make up an extremely small percentage of cases. Every case is different and must be evaluated on the facts. Many times large results are reduced on appeal or in a negotiated settlement following the jury verdict. More frequently, a jury will award less than the plaintiff is seeking.

In this case, a woman was stopped at a stop sign, she was rear-ended by another woman causing her neck and back injuries. Apparently, the driver of the second vehicle made no attempt to apply the brakes. She was so distracted that she didn’t notice the victim had stopped. As a result, the victim suffered lumbar and cervical strains. At trial, the defense argued that a spider in the vehicle startled the woman and caused her to unintentionally release her foot from the brake. Although the jury found the defendant guilty, they felt the plaintiffs injuries were much less than $150,000, awarding her $7,124 to cover medical expenses, pain and suffering, and loss of income.

There are numerous variables which determine the value of a settlement. You are entitled to recover reasonable medical expenses - prescriptions, doctor and hospital expenses, physical therapy - incurred as a result of accident. If you miss work due to the accident, you are entitled to recover lost wages. A victim may also be entitled to recover lost wages for time missed due to treatment for injuries.

A jury is more likely to be sympathetic to your claim if they believe you are presenting an accurate picture of the accident and your injuries. Many injuries arising from auto accidents are subjective, such as “my neck is sore and stiff.” It is difficult to objectively verify these injuries since muscle strains or sprains cannot be seen on an x-ray. An injury may look exaggerated when there are no objective findings to support the injured person's complaints. Did the plaintiff in this case get a fair settlement? Did she accurately depict what happened and her resulting injuries? Did enough time pass to be assured the plaintiff will not suffer from injuries that have not surfaced yet?

Might a case like this be a viable candidate for lawsuit funding? Possibly. Any plaintiff can pursue litigation funding. The size of the lawsuit does not determine whether a plaintiff is financially strapped for cash. The largest determining factor is the significance of the accident’s economic impact on the plainitiff’s ability to pay his/her bills and how long the case will take to resolve. That a case is considered “small” may create an inability to fund or may require the funding to be on the “small side”, but funding may still be possible. Even a small lawsuit cash advance in a small case may prevent a plaintiff from settling too soon for too little compensation.

Lawsuit Financial is able to provide a timely (within 24 to 48 hours of approval) cash advance to allow litigation plaintiffs to meet their financial obligations while awaiting case resolution. There is no risk; repayment is conditioned upon the outcome of the case. If you lose the case; you keep the money, free of charge. Can’t work because of your injuries? That is not a problem. We approve or deny pre-settlement funding based upon the strengths and weaknesses of your case; good/bad credit, employment/ unemployment doesn’t matter. If approved, funding is available within 24–48 hours. Applying for lawsuit funding is an easy, no hassle, no risk way to pay your bills timely in the event that your lawsuit is not.

Posted On: January 24, 2011

Insurance Company Strategy: How To Abuse Our Civil Justice System

In my post “Major Newspapers Attack Lawsuit Funding: Insurance Company Delay, Deny, and Misrepresentation Tactics Are the Real Story,” I addressed two recent newspaper articles painting a negative image of lawsuit funding companies. These articles were one-sided, aligned with tort reformers and the insurance industry. In this second of a two-part series on the subject, I want to focus on educating consumers with regard to where the real greed begins—with the insurance companies—and what you can do about it.

Insurance companies are increasingly using tough tactics against financially-strapped consumers to increase profits. As difficult economic times continue to weigh upon individuals and businesses alike, the insurance companies look to their own bottom line. As quoted by Jon Haber, CEO of the American Association for Justice, “The current challenges facing American families are only compounded when their insurance company plays hardball in their greatest time of need.”

Consumers might assume they have no choice and no recourse; many will accept the first offer made by the insurance company. It's time for consumers to stop accepting insurance companies at face-value; it's time we fight back and prevent abuse by these insurers.

Do you know what insurers' tactics against consumers look like? Here are some to watch for: Insurance companies…

• Deny claims in an attempt to boost their bottom line. If your claim is denied, you don’t have to accept the denial. Hire an experienced attorney and fight back; if you don’t know where or how to find the right lawyer, contact the Lawsuit Financial Attorney Referral Service at 877-377-SUIT.

• Delay until the policyholder just gives up or dies. Insurance companies make money collecting premiums from you, their policy holders (along with massive amounts of interest on your money). Claims cost money; if they don’t pay claims, they get to keep the money; thus, they will do anything to avoid paying. Even way they finally decide to pay a claim, their unreasonable delays make them money; the longer the delay, the more interest/profit they make on premium dollars. The consumer, sometimes the insurance company’s own client, struggles financially and emotionally, perhaps takes a low offer out of desperation, and the insurance company’s strategy has produced even more profit.

• Confuse consumers with incomprehensible contracts and pricing strategies which many clients sign without fully understanding the risks or their avenues of recourse. How many events are excluded (fail to provide the protection you thought you paid for) from coverage in your insurance policy

Insurance companies spend billions of dollars advertising the need for insurance. They try to tell consumers that it is a dangerous risk to be uninsured – that accidents, injuries and/or death are a dangerous financial risk without insurance. In a vacuum, that statement is true; but what good is insurance if it isn’t there when you need it, when it severely limits insurance company liability, when it excludes the most obvious potential claims, when it engages in tactics that penalize you for making use of it? In fact, insurance is the only consumer product/service in the world that penalizes the consumer for using it exactly as the consumer is supposed to. We expect our insurance companies and our coverages to be there when we need them most; when we have legitimate, serious claims. But that is usually when our “good neighbors” or the “good hands people” turn on us. Their profits are earned with our money, paid in good faith against their coverage promises. Shouldn’t premiums be used to pay appropriate claims to the injured and disabled? Instead, it is used to increase profits through deceit, delay, denial, confusion and refusals. Then, even more money is made by investing (or continuing to invest) the funds that were inappropriately retained.

When someone files a claim and the insurance company delays and denies, that is when the risk of losing one’s home occurs. Here is a scenario from the American Association for Justice's website:

You are in your car running an errand for your job, when all of a sudden a pickup truck crosses the center line from the other direction and smashes into you. The accident is catastrophic. You are seriously injured and left in a coma. When you wake nine days later you have multiple broken bones, collapsed lungs, and are destined to spend the next few agonizing months under constant care. And then comes the real kick in the teeth. The insurance company denies your claim. They claim the driver who caused the crash acted in a moment of deliberate road rage, and so the accident was not an “accident.” Your hospital bills pile up, you are too injured to go back to work, and your insurance company deserted you. By refusing to a reasonable settlement, the insurance companies force a trial; a trial that can take months, even years.

The legal process is a marathon, not a sprint; plaintiffs may feel the financial pressures to settle too early in the process, for too little compensation. The insurance company is not pursuing the victim’s best interests; they will attempt to settle with a lowball offer. Waiting out the long, legal process can be in a plaintiff’s best interest because the settlements of solid cases that are ready to face a judge or jury in the courtroom, will typically be more commensurate with the true value of the case. And, if the insurance company is still refusing to see reason, the judge or jury is a handy tool to introduce insurance executives to reason.

Lawsuit funding is another handy tool to insure individual case results. We know, in fact we were founded on the premise that insurance companies always seek to limit liability and recovery on all fronts. To combat this tactic, we provide necessities of life funding to plaintiffs involved in pending litigation. Perhaps, with an appropriate advance of needed financial support, a plaintiff won’t be so desperate that he/she will settle a valuable case for pennies on the dollar. We strive to create lawsuit results that pay for the profits we earn. We refuse to stand by and allow a greedy insurance company to victimize someone who, by having a serious accident/injury has already been a victim. Lawsuit funding is not a perfect solution; it is not for everyone, but it provides an option, in many cases, a viable one, for financially distraught plaintiffs.

Insurance companies and large corporations like to deceive the public by suggesting that “lawsuit abuse” or “frivolous lawsuits” are the problem with our civil justice system. They suggest that these worthless cases are the reason that the system is bogged down. Don’t you know? They say that all of these worthless lawsuits are clogging our courts and costing us money! Just ask the greedy insurance companies, you know, the ones with the billion dollar bank accounts. In truth, the legal system deals with and dismisses anything that is frivolous at very early stages in the process. These cases, a very small segment of any docket, do not “clog” anything. Frivolous defenses, on the other hand, are a significant issue. Unnecessary delays and denials by defendants have a serious impact on expediency. If insurance companies paid what they should when they should, there would be no delays in the civil justice system. And, insurance companies spend our money, against our economic interests, lobbying for tort reform (restrictions on recoveries and access to our civil justice and civil rights system) and producing frivolous advertisements claiming that they are “fast, fair, and friendly”, that they are “on your side”, that you are “in good hands” or that they are “like a good neighbor”. Ask any random Katrina victim if State Farm is a “good neighbor”.

It is time insurance companies redirect their resources to serving customers, appropriately and expediently compensating those who have suffered serious or catastrophic loss. It is time to stop insurance companies from abusing our civil justice system. It is time to fight for our rights.

To learn more about insurance company greed and the “tricks of their trade”, visit the American Association for Justice website.

Posted On: January 20, 2011

Major Newspapers Attack Lawsuit Funding: Insurance Company Delay, Deny and Misrepresentation Tactics Are the Real Story

Two newspapers, the Chicago Tribune and the New York Times, recently portrayed lawsuit funding companies in a very negative, one-sided way. Aside from presenting only the negative aspects of this important justice-preserving industry, the articles clearly align themselves with anti-justice forces, tort-reform advocates and insurance companies, which would limit the average citizen’s access to the civil justice system and basic fairness in the courtroom.

The first article was written in the Tribune which slammed the Illinois “Non-Recourse Civil Litigation Funding Act,” proposed legislation that would regulate how litigants receive necessities of life lawsuit funding, as their cases proceed through the court system. Lawsuit funding helps alleviate "significant financial stress" for plaintiffs who are waiting for a fair settlement. The Tribune claims that lawsuit funding companies have no interest in legal justice despite the risks they may take. What facts form the basis of this outrageous statement? I have been fighting for justice for litigants for 33 years, first as an attorney and second as a legal funding professional. Justice-seeking is at the core of what I do.

In contrast to fighting for the rights of the injured and disabled and getting them life-preserving compensation, let’s contrast that with the insurance companies? Where are thoughts of “justice” as they record obscene profits preying on cash-strapped consumers with their "delay, deny, confuse and refuse" tactics? When will the Tribune or any responsible newspaper tell the real story. It is a story of corporate greed; a story where mammoth insurance companies hoard money (premiums) stealing money, then tell policy holders to "take a hike" when it's time to pay claims? “Profit” is all an insurance company is interested in; that is how the “delay, deny, confuse and refuse policies came to be. Paying a claim has become the course of last resort for them. Accident victims must take carriers far and long into the civil justice system to achieve the basic fairness that was owed them in the first instance. There is a concerted effort to deny everything and make victims fight for their rights. Contrary to their marketing rhetoric, we are never “In Good Hands”, they are not anything “Like a Good Neighbor”, and we never receive “Fast, Fair and Friendly Service”. But, they do like taking our money in premiums, don’t they?

The Tribune article suggests that lawsuit funding will encourage more litigation, when in reality it is the insurance companies that encourage lawsuits. How, you ask? They offer unfair compensation, at the early stages of a plaintiff’s injury claim, every single time. In the battle for compensation in personal injury lawsuits, insurance companies have a significant advantage over an injured plaintiff. They will use a plaintiff’s financial hardship to their own advantage. When the plaintiff is absolutely desperate, the insurance company makes a “chump change” offer; the client is often forced to take the money to save his/her valuable assets. To avoid harshly inadequate settlements, a growing number of clients are turning to lawsuit funding companies. This do not have to happen; insurance companies could have treated claimants fairly and humanely, but they didn’t and don’t. Profits for their shareholders are all that is important to them. Thus, the real story here is insurance industry corporate greed; the lawsuit funding industry has a strong interest in justice; insurance companies and their ilk have an interest in denying or delaying that justice.

On the heels of the Tribune was an incredibly one-sided article written by the New York Times entitled, “Lawsuit Loans Add New Risks for the Injured.” Why one-sided, you ask? Let’s start with the title. My industry is the “lawsuit funding” industry; it is not the “lawsuit loan” industry. The balance of the article focuses on the cost of the service. It is true that lawsuit funding is expensive. Profits can be high, but they are calculated upon risk; the article makes light of the risk taken by litigation of investors. Here is the truth: Lawsuit funding is the practice of providing a litigation plaintiff with a cash advance, solely on the possibility that, first, a pending lawsuit will be successful and, second, that it will be successful enough to repay the funding principal and proposed profit. Litigation results are often compromised; if compromised results are achieved, lawsuit funding results will, likely, be compromised as well. There must be a successful verdict or settlement for the lawsuit funding company to profit and the lawsuit must achieve a targeted result for full profit. If the plaintiff does not win his/her case, he/she does not repay the cash advance; the lawsuit funding company relinquishes its entire cash advance. Ask any banker if that description qualifies as a “loan”.

Trial lawyers and lawsuit funding companies provide the means that give a plaintiff a fighting chance against these corporate giants. Without someone to hold the insurance companies accountable, without someone to assist plaintiffs when they need financial help, these greedy companies will take advantage of the weakest members of our society, the injured and disabled. What happens when the insurance company avoids personal responsibility, responsibility for an event that premiums are supposed to insure? The burden shifts to you and me, the taxpayers. Do you want to pay to support risks that insurance companies received billions in premiums for?

Insurance companies have the money and power to outspend and outlast the plaintiff. Litigation is risky and expensive; they use our own money (premium dollars) against us. When an industry is founded to assist plaintiffs financially, that is the basis for a negative news piece? If the Tribune and the Times are truly interested in a consumer protection news story, why not report on the obscene profits earned by insurance companies and the unfair treatment their policy holders receive when they have the audacity to use the product exactly as it was intended to be used, when they have the audacity to file a claim. Insurance is the only product in the world that penalizes you for using it exactly as you should.

Lawsuit funding is a valuable service for the right person, in the right case, at the right time. It can make a huge difference in the outcome of the litigation it supports. It combats the common practice of insurance companies using their money and power to engage in frivolous defenses designed to delay proceedings, deny recoveries, and make plaintiffs desperate to settle for less than full value. If you need a little financial assistance to stay the course, rather than settling your valuable case for pennies on the dollar, I hope you will ignore the rhetoric and seek assistance from a responsible provider of lawsuit funding services. Don’t let this nonsense prevent you, the consumer, from getting the help you need. Remember: You are not “in good hands” and they are nothing “like good neighbor”.

Watch for Part 2: Insurance Company Strategy: How To Abuse Our Civil Justice System

Mark Bello has thirty-three years experience as a trial lawyer and twelve years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a personal injury plaintiff. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Business Associate of the Florida, Tennessee, and Colorado Associations for Justice, a member of the American Bar Association, the State Bar of Michigan and the Injury Board.

Posted On: January 12, 2011

Motorist is rear-ended by tractor-trailer, then Broadsided by another tractor-trailer

On a rain day five years ago, a man was driving along a major interstate when a tractor-trailer hydroplaned, crossed the median, drove into oncoming traffic, and hit the rear end of his pick-up truck. When attempting to swerve and avoid a collision, the truck driver’s car spun clockwise and ended up sideways, which was then broadsided by a second tractor.

The driver of the pick-up was initially treated and released from the hospital. Two weeks later, he was diagnosed with a mild traumatic brain injury, suffered cervical spine injuries requiring multiple surgeries, and damage to his knee cartilage. He also suffered from post-concussion syndrome. He filed a personal injury lawsuit two years later against the drivers and the trucking companies alleging that the truckers were traveling too fast for the wet road conditions, failed to follow at a safe distance, and failed to be alert of their surroundings. As a result, the first truck driver lost control and the second truck driver was unable to take evasive action to avoid the crash.

At trial, the plaintiff’s attorney explained to the jury that although the victim initially walked away from the accident, he still suffered serious and permanent injuries. Sometimes it can take time to recognize and diagnosis serious internal injuries, such as a TBI. The jury concurred and awarded the plaintiff $1.05 million.

If you have sustained severe injuries in a truck accident, you should consult an attorney who specializes in handling these types of cases. Once you retain an attorney and pursue litigation, Lawsuit Financial can assist you with lawsuit funding, a service that will provide you with financial assistance in advance of an expected settlement or verdict in your case. This legal finance service provides you the cash you need now, removes the financial pressure to settle too early for too little compensation, and allows you to continue with the litigation so you receive the compensation and justice you deserve. Applying for pre-settlement funding is easy just a click of the mouse or a phone call away.

Posted On: January 11, 2011

The False Assumption of SUVs on Ice

One mistake that drivers of SUVs make is to assume that their four-wheel drive vehicle can easily stop on snow or ice. Many assume that because they have four-wheel drive vehicles they will always have traction. Wrong! In reality, when it comes to stopping in wintry conditions a four wheel drive is no different than any other vehicle; it is still rubber on ice. There is nothing that will help when you hit the brakes. The combination of ice and braking can mean sliding out of control, and the heavier the vehicle the faster you will slide. Is that what caused an accident that seriously injured North Carolina police officer last month?

The police officer had pulled off a North Carolina interstate to help a stranded motorist who had slid on a patch of ice. As soon as he stepped out of his car, a woman driving an SUV slammed into his police car. Apparently, the woman driving the SUV hit a patch of ice, slid across the interstate and slammed into the police vehicle spinning it 360 degrees causing it to hit the officer. The officer was rushed to the hospital where he underwent surgery on his leg and hip. At this point, his prognosis is unclear; it may be a long road to recovery before he can walk the same and resume his duties as a police officer. It is unclear whether the woman was aware of the presence of black ice, if she failed to adjust to the icy road conditions, was speeding, distracted, or otherwise not in complete control of her vehicle

If you or someone you love is seriously injured by a negligent driver, the victim is entitled to pursue the negligent driver in court. In most states, medical expenses, wage loss, property damage, pain, suffering, and mental anguish may all be recovered in the potential lawsuit. If this police officer decides to pursue litigation, it will mostly likely take awhile for this case to settle. In the meantime, he may be unable to work while his injuries heal. He may need additional surgeries or physical therapy to resume full walking capabilities. If this is the case, how will he support himself and his family while waiting months, even years, for his case to settle?

The answer may be to obtain automobile accident lawsuit funding from an experienced litigation funding company. Legal finance services are available for eligible plaintiffs whose personal injury cases will take significant time to settle. A lawsuit cash advance is cash now, provided in advance of an expected settlement. The purpose of this cash advance is assist the plaintiff so he/she can pay important bills and expenses and avoid allowing financial pressure to force you to settle your valuable case too soon for too little.

It is easy to apply for litigation funding online or by calling the lawsuit financing company. There is no cost to apply, no credit check, no employment necessary, and no monthly payments or upfront fees to pay. Upon approval, your money will arrive within 24 - 48 hours. You repay nothing until your case is resolved successfully. If you don’t win, you pay us nothing. So, why settle your valuable case for pennies on the dollar with a greedy insurance company when you can obtain lawsuit funding risk-free and wait for justice and the compensation you deserve.

Posted On: January 10, 2011

A Careless Mistake: Failure to Detect Colon Cancer

A forty-seven year old man was rushed to the hospital complaining of severe pain and vomiting six months after visiting his doctor for pain and rectal bleeding. A colonoscopy was performed at which time he was diagnosed with advanced colorectal cancer. He underwent surgery followed by chemotherapy, but eventually the cancer consumed his body and he died. The family of the deceased filed a medical malpractice lawsuit alleging that the doctor failed to make a timely diagnosis and delayed in performing testing. They further alleged that had the cancer been detected in the early stages, it could have been cured. The defendant contended that the declined to undergo a colonoscopy. The jury ruled in favor of the plaintiff.

This case is just one example of one of the most common medical error concerning the diagnosis of colon cancer. Failure to properly diagnose colon cancer can drastically reduce a patient’s chance of a cure, yet alone, survival. Far too often doctors do not perform a colonoscopy or refer the patient to a gastroenterologist when a patient complains of rectal bleeding or blood in the stool. Instead, these doctors simply assume that the symptoms are the result of hemorrhoids. This is especially common when the patient is under fifty years old. While testing may be unpleasant, it is the doctor’s responsibility to inform the patient of the importance of the procedures. Failure to impress upon the patient the critical nature of these procedures may be malpractice.

If you or someone you love has paid for a doctor’s negligence, if you are living with consequences of a misdiagnosis, or if a loved one died because of a doctor’s negligence, it may be important to contact a medical malpractice attorney. The plaintiff may have lost income, extensive medical bills, or and funeral expenses. Because the lawsuit may take years to resolve, a financially strapped plaintiff is a target for any insurance company. That is where lawsuit funding can help.

Lawsuit funding is a service that provides victims and their families with financial assistance to help get through the long litigation process. It assists a grieving family financially while waiting for a trial, jury verdict, and potential appeals. Legal finance services can assist with the extra expense of hospital bills, funeral expenses, and household bills. Without this option, desperate plaintiffs are often forced, by greedy insurance companies, to settlements too soon, for too little. Litigation funding is there when you need it most. For free advice call our offices or visit our website. There are no up-front charges, no monthly payments, no credit checks, and no hassle. Best of all, if you lose your case, you owe us nothing. With Lawsuit Financial there is nothing to lose.

Posted On: January 6, 2011

Crushed to Death While Sitting in Parked Vehicle

Imaging sitting in your car in a parking lot and suddenly being smashed between two vehicles. Imagine being called to the hospital as your loved one fights for his life after being the victim.

Last November, a man was in the parking lot of his employer when a truck driver apparently mistook the gas pedal for the brake pinning the man between the truck and a rail tanker car. The man died the next day from numerous injuries, including a crushed pelvis.

The victim’s family has filed a wrongful death lawsuit against the truck driver and his employer citing that the trucker was inattentive and driving at an excessive speed. They are seeking damages for loss of companionship, funeral expenses, and loss of income. The defendant denies fault in the accident alleging that “The accident was caused solely by an individual or entity other than these defendants, including but not limited to, the business owner of the parking lot, for failing to provide a smooth and level parking lot for the backing of trucks,” court records stated. The case is set for trial in late February.

On the surface, this case appears to be cut and dry but we all know that is not always the case; usually not. There are the obvious and visible details, and then there are those that require questioning, research and further investigations. Where there underlying factors that caused this fatality? Underlying or hidden causes of auto accidents might be construction, dangerous road conditions, poor signage, auto defects, or driver distractions.

Will this case go to trial in February? Time will tell, but typically litigation can take a very long time; sometimes years. Will the insurance company try to settle this case quickly? Remember, the insurance companies are in business to make money. They are greedy and will want to settle quickly for as little as possible.

Seeking justice may place a financial burden on this victim’s family. Even if this case goes to trial in February and the plaintiff wins their case, they may wait a long time to receive compensation. There could even be an appeal. If they are struggling to make ends meet, lawsuit funding could be an option. Lawsuit funding is a cash advance against a potential jury verdict or settlement.

At Lawsuit Financial, we know how devastating the sudden death of a loved one can be, and the emotional and financial impacts it can cause. The goal of the insurance company is to settle quickly and cheaply; not to receive justice. Lawsuit Financial hopes that by assisting with some of the mounting bills and expenses as a result of the lawsuit, the plaintiff can wait for justice to be served. We provide plaintiffs with immediate cash to give them and their attorney time to negotiate a fair and equitable settlement. The plaintiff only pays us back if they win their case. Lose, and they owe us nothing. The application process is quick and easy. Call us today or visit us online to apply or learn more.

Posted On: January 5, 2011

Facing Surgery and Lost Wages: Result of Poor Warning Notices of Dangerous Conditions

A man tripped and fell after his foot became entangled in a temporary phone line placed on his residual property by the local phone company. As a result, he sustained a herniated disc that led to laser surgery and lumbar fusion. The victim filed a personal injury lawsuit alleging that the phone company failed to notify him or place warning signs regarding the phone line. At trial, the phone technician stated that notice was provided on the front door of the residence, and flags were placed around the temporary line. Although the plaintiff ultimately received compensation for his injuries, it was not until he endured pain and suffering, surgery, mounting medical expenses, and lost wages for his surgeries and recovery period.

Trip and fall accident cases are often times highly contested and take time to reach a settlement. So how does a seriously injured person, who has unpredicted medical expenses and forced to be out of work, support himself while he awaits justice in the legal system? More and more injury victims are turning to lawsuit funding for the lawsuit financial assistance they need to survive the litigation.

A lawsuit cash advance will help pay medical expenses that are not covered by health insurance, as well as important bills and expenses like house payments, rent, car payments, groceries, tuition and utilities. If you have been hurt as the result of someone's negligence, are pursuing personal injury litigation with an attorney by your side, and you are having trouble paying your important bills and expenses, you are a candidate for legal finance services. This is not a 'lawsuit loan', as some like to call it. It is, instead, pre-settlement funding, an early piece of your future settlement proceeds, paid to you now, when you need it most. Its purpose is to reduce the financial pressure that the system places on you to settle too soon, for too little, and gives you the precious time you need to make the insurance company provide fair compensation.

It is easy to apply for lawsuit financing; simply visit us online or call us toll free. We work with you and your attorney, and after you have been approved, the lawsuit cash advance is in your bank account within 24-48 hours. There are no upfront fees, no monthly payments, in fact, no obligation to repay, at all, until you win or settle your case. If you lose, you keep our money, free of charge because there is no risk to you with our legal funding services.

Posted On: January 4, 2011

A Hero to the End: Faulty Brakes Sends Fire Truck Careening Down Road

Firefighters risk their lives in “the line of duty” to help/save others. The job is almost always and emergency situation - they must be ready for it; their vehicles must be ready for it. On January 9, 2009, Boston Fire Department Ladder 26 was not ready. A brake failure caused the truck to careen down the road and crash into a brick wall. Ladder 26 was returning to the fire station after responding to a medical call. When the brakes failed, the truck gained speed as it descended down the road. As the truck gained speed, the front passenger’s instincts told him to grab the horn to alert pedestrians and other drivers. His quick reactions may have saved the lives of many that day, but unfortunately not his own. He died of a massive head trauma.

The family of the deceased firefighter has filed a wrongful death lawsuit against six companies contracted by the city to inspect and maintain the braking system on Ladder 26. The lawsuit alleges that these companies were grossly negligent, provided faulty brake repair and maintenance, and failed to properly inspection the truck brakes. The lawsuit alleges that the over time, the defendants improperly installed and replaced brake linings and chambers, as well as continuously failed to correct mistakes in several inspections.

After an investigation of the braking system, it was found that the cause of the accident was solely due to brake failure, and most likely a result of insufficient and substandard maintenance. An investigation clearly showed reduced braking power on both front wheels, significantly reduced braking power on the right rear wheel, and the left rear wheel was completely worn out. Some of the named defendants claim they never worked on the braking system of Ladder 26. Another states they provided a state inspection a year prior to the accident.

This tragic accident was preventable. A startling number of wrongful death lawsuits are the results of faulty equipment. It can be the result of a manufacture or design defect, but it can also be the result of negligence in repairing, properly maintaining, or inspecting the equipment. In this case, the firefighters had every right to believe that Ladder 26 was safe to drive. And now, the family of the deceased has every right to seek justice.

Cases like this, while tragic, often serve a higher purpose. Lawsuits have forced companies to manufacture and/or repair, maintain, and inspect defective products/equipment. There are times these safety measures have only occurred because of the threat of a lawsuit or the filing of a lawsuit. Large corporate interests insist that their products are safe, refuse to recall them, only doing so after paying millions of dollars in settlements and judgments, which force them to act responsibly. Initially, these businesses and their insurance companies vigorously defend these suits by arguing that there is nothing wrong with their products; protracted and expensive litigation ensues. This long, drawn out process can be a financial hardship for any plaintiff. That is where we come in. Lawsuit Financiall has a successful track record in helping plaintiffs survive the financial burdens resulting from a lengthy piece of litigation. We are the experienced lawsuit finance company that provides a lawsuit cash advance based solely on your case. We do not charge upfront fees, there are no monthly payments, and you only repay us if you win your case. If you lose, you keep the cash advance and pay us nothing.

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Posted On: January 3, 2011

Home Explosion Leads to Lawsuit against Utility Company

Was a Tennessee utility company negligent in the installation and inspection of a device that connected a gas line to a home? Was this the cause of a natural gas explosion that killed a teenager? These questions will ultimately be answered by a jury in the wrongful death lawsuit filed by the teen’s parents.

The plaintiff contends, and a fire inspector confirms, that the explosion was the result of a gas leak into their home. The teenager was found dead in the basement of the home after the blast. Both parents suffered injuries – his mother a fractured vertebra and several other fractures that required surgery; his father broken ribs. The couple is seeking damages for the loss of their son, medical expenses, pain and suffering, and the loss of enjoyment of life.
Anytime someone loses a loved one, it is devastating both emotionally and mentally. As in this case, there may be physical pain and suffering as well due to one’s own injuries. Additionally, there is likely to be a financial hardship. On top of all that comes the financial and emotional roller coaster of a lawsuit. Many families will wait several years for a settlement to be reached. This long, hard battle to reach justice may place an additional financial burden on a victim’s family. But this is no reason to settle for too little, too soon.

Those who need help financially during a wrongful death lawsuit may want to consider lawsuit funding. Lawsuit funding is a cash advance against a potential jury verdict or settlement. It is designed to help the plaintiff pay medical expenses, funeral expenses, mortgage, and those monthly bills that pile up. It is a way to make ends meet while awaiting a lawsuit settlement. Lawsuit funding stops the greedy insurance company from controlling the plaintiff. It puts time in the hands of the plaintiff to await justice.

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