March 8, 2010

Texas Fatal Collision Leaves Unanswered Questions

One dead and one injured in this Texas head on automobile accident leaves many unanswered questions for the police.

It started out to be a fairly ordinary day for a Texas woman, who was in her car heading east on a local farm road in Fort Worth, Texas at 2:30 am. For some unknown reason, her car swerved over the center line and smacked into a westbound Ford F-250. The truck's front end was totally caved in and its driver sustained some serious injuries as a result of the crash.

Responding paramedics rushed him to Fort Worth for medical assistance; unfortunately, the woman was pronounced dead at the scene. State troopers are still trying to figure out what caused her to veer into the path of the truck. This and other questions will need to be answered to determine what caused this deadly automobile accident. Was she uncertain of where she was? Was she totally exhausted and not paying attention? Was she listening to an MP3? Only time will tell.

The driver of the F-250 has some healing to do from the injuries and wounds he sustained; he is likely to consider and file a personal injury lawsuit to recoup damages for his injuries, his pain and suffering and his medical expenses among other things. A personal injury attorney who specializes in automobile accident cases will help him sort this out. I am certain he knows this.

What he may not know, and what he could learn about with some online research, is that he can take advantage of a service that provides him a portion of his lawsuit proceeds, even before his settles his case. The service is called lawsuit funding. When a person has been injured and/or disabled in an automobile accident, he will often experience temporary financial trouble. Work loss, medical and hospital expenses combine with ordinary bills to put an injured person behind the financial eight ball. Lawsuit funding or legal finance, as some call it, will pay those bills immediately, allow him to get on with his normal life, and wait for repayment out of his potential settlement. And, the best part is that if he should lose his case, he keeps the money, without any obligation to pay it back. This is, truly, no-risk lawsuit financing. Most experienced legal funding companies can provide you the lawsuit cash you need to keep a roof over your head, to feed your family or make medical payments, or for other important needs, and can do so within 24-48 hours of the time you first apply. You are one phone call or mouse click away from receiving the lawsuit cash advance you need to survive in a contentious legal system.

March 7, 2010

Lights On, Sirens On; Ambulance Rear Ended by Motorist

They say truth is stranger than fiction, and in this case, that appears to be true. Even with the lights flashing and siren blaring, the ambulance was rear ended while turning around to head to hospital to transport to accident victims. Who could have even remotely imagined that an ambulance responding to a car crash and heading back to the hospital with those victims would be rear ended by another car? Thankfully, only one person was injured in this automobile accident; a paramedic.

This crash happened in Daytona Beach, Florida at about 4:00 am on February 4th, 2010. Here is how this highly unusual collision happened. There had been one wreck on the highway already; the responding ambulance crew had just finished loading two injured patients into the bus and was getting ready to pull out to turn around and head to the hospital. At that point, it was rear ended by a car.

How can a driver miss a fully lit ambulance with siren in full wail? Inside the ambulance at the time of the crash were five people; the two victims from the previous crash, a firefighter, the ambulance driver and the paramedic who got badly shaken up during the crash. The two previous crash victims were listed in stable and serious condition, respectively.

The injured paramedic was treated and released and cautioned to watch for further developing injuries. Something that looks fairly minor in the beginning, can turn into serious muscle, disk, or internal injuries, which will often manifest later. does not mean that things are OK internally. The police opined how lucky all of the occupants were that no one was killed in this fiasco.
The offending driver will be placed under significant scrutiny in the investigation of this accident. How could this happen? Did he fall asleep at the wheel? Was he on the phone? Was he chatting with another passenger or fiddling with electronics in the car? Worse, was he under the influence of drugs or alcohol? All these things will be considered and investigated.
Assuming his injuries manifest into serious injuries, the paramedic would be advised to consult with a personal injury attorney and find out what his rights are and, possibly, how to file a personal injury lawsuit. While his injuries do not appear to be serious at the moment, this could change in the days and weeks to come.

As his condition develops, an attorney would be able to better assess the types and kinds of damages that may be asked for if the case is pursued. Medical bills, lost wages, pain & suffering are all items that may be recoverable in a potential lawsuit. If his injury becomes serious enough to disable him from his job as a paramedic, this disability may result in temporary financial problems.

If he decides to pursue litigation, and the injury is serious, he may qualify for a service that provides financial assistance to accident victims who are pursuing lawsuits. This valuable service is known by many different names. Some, incorrectly call these “lawsuit loans”; others call them lawsuit funding, legal finance, legal funding, pre-settlement funding or litigation funding, to name a few. Whatever you choose to call the important service, it can be a godsend for those who are behind the financial eight ball and need money right away to deal with their bills. Financial distress can also lead a plaintiff to settle his/her case too soon, for too little, simply because of the need. A lawsuit cash advance removes the pressure to settle early and cheap and permits the case to reach its maximum conclusion. Lawsuit funding is relatively easy to obtain; if you qualify, you can often receive funds within 48 hours. Good credit or bad, credit rating doesn’t matter. What most experienced legal finance companies look for is whether your case has a good chance for success. One phone call or mouse click can get you started; the call is free and the advice is priceless.

March 5, 2010

Fort Worth Street Racing Causes Passenger Death

Street racing certainly isn’t legal by any stretch of the imagination. In this automobile accident case, street racing gone wrong caused the death of a young passenger who was just along for the ride and the fun.

The race took place in Forth Worth, Texas in the hours just prior to midnight. The trucks were on a service road that bordered an Interstate highway but still was connected to it by a T-intersection; an ideal place to street race, or so it seemed to those involved in the games that night. The police report shows that two red Chevy Avalanches were screaming down the road at high speeds. Twenty year old Carlos-Jimenez Cano as a passenger in the front seat of his friend’s truck when it ran a red light and careened into a retaining wall. The other red truck clipped an Isuzu Axiom SUV as it rocketed through the T-intersection and fled the scene of the horrific crash. The SUV driver was unharmed, the other red truck is being tracked down, Cano was pronounced dead at the scene of the crash and the 20-year old driver who hit the retaining wall was taken to hospital in critical condition. Alcohol was a factor in this senseless wreck.

There is little question that the driver of the truck that hit the retaining wall and the driver that fled the scene of the accident were reckless and negligent. The family of 20-year old passenger, Carlos-Jimenez Cano would be best advised to seek the assistance of a dedicated and skilled personal injury attorney.

Cases like this usually take a long time to get through the courts; the family may take comfort in knowing that there is a service that provides financial assistance to auto accident victims and their families while they wait for their case to be concluded and for justice to prevail. Lawsuit funding will help pay their necessary bills and expenses and the lawsuit funding company will wait for the case to conclude successfully before charging them a dime. If the case fails, the keep the money, free of charge. In essence, this is no-risk lawsuit funding.

Money doesn’t grow on trees, but it does come in the form of a lawsuit cash advance. These legal finance transactions are based on a litigation funding company' prediction of the litigation outcome and the time it will take to achieve that outcome. Lawsuit financing services should be only a small percentage of the actual case value, so be careful when seeking these services. Choose a legal funding company with the requisite experience to guide you appropriately. Funding can often be provided in as little as 24-48 hours of your initial application with an experienced lawsuit funding provider and help is often a phone call away. Don't settle too early for too little; obtain lawsuit funding instead.

March 4, 2010

Serious Injury & Death In Orange County Florida Automobile Accident

Head on collisions are often the worse kinds of automobile accidents on the road today. This case is no exception. In this case, two people were critically injured and two died as a result of a catastrophic head on collision in Orange County, Florida. The two vehicles that tangled were a pickup truck and car. The car was a 1995 Honda whose driver, 29-year old Damien Edwards, was traveling south. For some unexplained reason he made an attempt to change lands from the left side of the road, to the right side. In doing so, he suddenly realized that a vehicle was already in the lane he intended to switch to. He attempted a badly executed correction and lost control of the car. It veered into the north lane and slammed head on into a Chevy pickup truck driven by 36-year old Wallace Livingston. Both Edwards and his 17-year old passenger, Terry Pender, were pronounced dead at the scene. The truck driver, Livingston, and another passenger in the Honda, 15-year old Summer Flowers, were critically injured and taken to hospital.

Whether or not alcohol or any other substance played a part in this accident isn’t clear, as the investigation isn’t completed. Was speeding involved? It may have been, given the jerky over-correction by Edwards. Was either driver using a cell phone at the time of the accident? Were the drivers distracted by something on the road or not paying attention for some reason? A full automobile accident investigation report should provide answers.

In the meantime, the Flowers and Livingstone families may want to talk to a skilled personal injury lawyer and find out what their legal rights are in this case. They may also want to do some research into lawsuit funding; funding that would help them handle their immediate bills and provide them and their attorney with adequate time to handle the case to a just conclusion. It is difficult to do that when finances are tight and there is nothing like a disabling, accidental injury to make finances tight.

Without lawsuit funding, the plaintiffs often find themselves in a position of having to settle their cases early because of the need for money right away. A lawsuit cash advance gives them the money they need, immediately, allows them to handle their necessary bills and gives them and their attorneys the time they need to achieve justice in a hostile legal environment.

March 3, 2010

13 year Old Twins Cross State Highway-Serious Injuries Are The Conequence

13-year old twins were badly injured in this auto-pedestrian accident in Georgia as they attempted to cross a busy state highway. No one is quite sure why the two 13-year olds were attempting to cross an Interstate highway; they may sought a "shortcut to get from point A to point B. The pair had eaten at a Mr. Pizza and were hit while trying to cross a five lane highway; apparently, they were intent on returning to a church that was on the other side.

According to witnesses, a car struck the girl and drove her body into her brother, which knocked him to the pavement. The children, Eric and Promise, were sent to different medical facilities based on the seriousness of their injuries. Promise, who was very seriously injured, was airlifted to a hospital able to deal with her severe injuries. Eric was taken to the nearest medical facility for treatment.

There are many questions surrounding this automobile accident; there may be potential for a personal injury lawsuit. While the teens may be negligent for crossing the highway, negligence on the part of the driver who struck them may very well have played a part. The teens' parents should take the opportunity to discuss this case with a personal injury attorney and assess the nature and possible amount of damages that may be recovered.

If it is determined that they have a viable case, and a lawsuit is filed, the family may also wish to do some online research into a service known as lawsuit funding. Often incorrectly referred to as a "lawsuit loan", this service would come in the form of a lawsuit cash advance that would allow the family to handle the teen’s medical bills, rehabilitative therapy, medications, counseling, medical devices or other doctor prescribed care. It would also let them deal with other important bills like mortgage or rent payments, tuition, car payments, food and other expenses related to caring for the teens.

The key reason to seek legal funding services is that it relieves the financial pressure that a victim may feel to settle a valuable case too soon for too little. Remember the wine commercial slogan: "We will sell no wine before its time"? Personal injury cases are like fine wine; they need time to develop and ripen. Treatment must be rendered; determinations whether an injury will heal or have permanent residuals must be made. Diagnoses and prognoses must be rendered. Lawsuits are filed and discovery is conducted. All of these things take time. If a plaintiff is disabled from work, this, coupled with the added expense of an injury and rehabilitation from the injury, may create a financial nightmare. The worst thing a plaintiff can do is cave into the financial pressure and take a substandard offer from the insurance company. They will deliberately delay fair resolution to force you to settle early and cheap. Access to lawsuit funding is a phone call or internet click away; the process is simple and many plaintiffs have money in their hands within 24-48 hours of their initial contact. And, the money is contingent upon the outcome of the case; it does not need to be paid back if the case is not successful.

March 2, 2010

Missed Diagnosis Results in $2.5 Million Verdict

Elisa Sanchez kept complaining of pain and blood in her stools. Her doctor told her it was hemorrhoids and told her to treat it accordingly. The young mother did as instructed, but, over a seven month period returned to the doctor, multiple times, because the bleeding and pain would not stop. She was eventually rushed to hospital and diagnosed with colo-rectal cancer; her primary care physician had misdiagnosed her cancer as hemorrhoids. It is, of course, the ultimate nightmare; the cancer was so far advanced by the time Sanchez got an accurate diagnosis that she died in the hospital, leaving behind a young child and husband, and a shocked and angry family.

This is an horrendous case; had the family doctor been more attentive to her condition and symptoms, she might have survived. Early detection is one of the most important tools in the battle for cancer survival. In this case, early detection would have given her a 97% chance of survival. By the time she was diagnosed, her survival rate plummeted to 50%; the doctors at the hospital tried aggressive chemo and major surgery, but it was too little, too late and she succumbed to the illness.

While this verdict, following a contentious medical malpractice lawsuit, is a solid victory for the grieving family and for justice; they have, undoubtedly, had a difficult time coping with the death of their mother, wife and daughter, and, most likely, in paying for extraordinary medical treatment in addition to their ordinary daily expenses.

Litigation funding
may have been a good option for the Sanchez family; it is a non-recourse service that permits an injury victim to wait for an appropriate settlement or verdict without caving into financial pressure to settle too early for too little. Having to deal with the type of stress that accompanies a serious injury or death of a loved one is difficult to handle. Many folks do not know where they will find the money to pay their bills while their lawsuit slowly winds it way through the litigation maze. A lawsuit cash advance can often provide the needed funds within 24-48 hours of an initial request.

Online research will provide them with several lawsuit funding companies, but really only one leading provider of litigation funding. Good credit or bad; it makes no difference. Legal finance services may have provided the answer to the Sanchez’s financial situation and the situations of plaintiff litigants in similar situations.

March 1, 2010

Two Vehicle Wreck Leave Three Seriously Injured


This particular automobile accident seems to be a case of one driver's negligence and the other driver being in the wrong place at the wrong time. It involved a sport utility vehicle and a Mazda Miata. The driver of the Miata, a 58 year old woman from Winter Haven, Florida, slammed into an SUV carrying two local police officers who were on their way to work.

Eyewitness reports showed that the Miata was westbound on a Boulevard at the same time the SUV Jeep was headed east on the same road. The police officers were driving the SUV Jeep. The driver of the Miata made a left turn directly in front of the oncoming Jeep. The vehicles collided with such force that the Jeep’s driver was ejected.

Emergency medical crews responded; paramedics took those with the least serious injuries to the nearest hospital. The Jeep’s driver was flown by medi-copter to a different hospital where he was listed in critical condition and suffering severe injuries. Whether or not the two police officers were wearing seat belts is not known. Local police are investigating this accident and need to know the answer to several pertinent questions before they are able to ascertain who was at fault and what precisely happened.

On the surface, it appears that the Miata turned left in front of the Jeep, causing the collision. But several questions still need to be answered; were one or both of the vehicles speeding? What were the road conditions? Were there any mechanical defects in either vehicle? Were all traffic signs and signals observed and obeyed by the involved parties?

The ejected, seriously injured police officer may have sustained life-altering injuries, severe enough that he may not be able to work again. He may have suffered a traumatic brain injury, spinal cord damage, crushed or broken legs or arms and back injuries or be paralyzed. Time will tell, and when it comes to filing a personal injury lawsuit, his damages could be substantial. An attorney should be retained and a lawsuit pursued before the applicable statute of limitations expires.

And, while the officer waits for a conclusion to the litigation, he will, likely, face financial difficulty balancing disability (permanent or temporary) with extraordinary medical expenses and ordinary living expenses. In cases like this, lawsuit funding provides immediate financial assistance, relieves financial pressure to settle too early for too little and permits him to wait for appropriate justice in the case. Automobile accidents are, by far, the number one reason people seek an experienced, professional lawsuit funding company.

Litigation funding is easy to access; approvals are often accomplishment with funds in hand within 24-48 hours of application and records retrieval. And, this is non-recourse lawsuit funding; should the officer lose his personal injury lawsuit, he would not be required to pay the money back. A lawsuit cash advance is often the answer to temporary financial problems caused by an accident and subsequent lawsuit. Free advice is a toll free phone call away.

February 28, 2010

Five Years To Settle Medical Malpractice Case


It took five long years to settle this medical malpractice lawsuit for $4.4 million
Sierra Wilson was born in 2003, and during her birth she was deprived of oxygen which caused severe permanent brain injury. Sadly, Sierra only lived for a short time before succumbing to her fatal brain injury. The facts of this case highlighted the negligence of the nursing staff at the hospital where Sierra was born. The nurse caring for Mrs. Wilson while she was in labor failed to adequately monitor the fetal heart strips and did not notice that the baby was in distress, needing immediate emergency medical intervention. As the result of this ghastly oversight, baby Sierra was born with a permanent brain injury; she died from complications of cerebral palsy resulting from oxygen deprivation. It was later discovered that the nurse taking care of Mrs. Wilson was in training and not adequately supervised.

This tragedy could have and should have been avoided. What mother would ever suspect that the nurse caring for her for the three days prior to her induction would be too inexperienced to notice the obvious distress. The hospital was supposed to care for her and her unborn child; she expected to leave the hospital with her healthy baby in her arms. Instead, she had to deal with her sudden and tragic death, resulting from preventable negligence.

The Wilson family chose to file a medical malpractice lawsuit in order to make their point about the care they received at the hospital. They could not bring Sierra back and could not move forward without knowing that her death would serve some purpose. That purpose is to prevent a tragedy like this one from ever happening again.

Moving forward with this case must have been a very emotional and financially draining decision. Thousands of dollars to pay for medical expenses and counseling, coupled with day to day bills are difficult to consider when you’ve just lost your newborn child. Hopes, dreams and expectations are shattered by this significant loss. This unfortunate couple would have been good candidates for litigation funding, they might have dealt with their financial issues by making use of a lawsuit cash advance, the repayment of which would be contingent on the outcome of their lawsuit. That means if they lose their case, they do not have to pay the money back.

Lawsuit funding
is often the answer to difficult situations where a family or individual is between a rock and a hard place without sufficient funds to handle unexpected medical bills and ordinary living expenses, while trying to pick of the pieces of their shattered lives. Litigation funding can often be arranged within 24-48 hours and is only a phone call away. The call is free; the advice is priceless.

February 27, 2010

New Jersey Wrongful Death Results in $10.2 Million Settlement

This is a rather unusual case, in that the 21 year-old man who died, perished as a result of having wisdom teeth removed by a dentist. Francis Keller went to the dentist to have his wisdom teeth extracted by an oral surgeon. The dentist did not get medical clearance from Keller’s primary care doctor before proceeding with the surgery.

Unfortunately, Keller has an immune disorder that meant any trauma to his body would immediately result in massive swelling. What that meant was that Keller’s body would respond to any medical treatment or surgery as if he had just received a traumatic injury. The process of extracting wisdom teeth is usually done with a surgical knife and involved cutting the gums open to do the extractions. The procedure, in turn, did cause enormous swelling in Keller’s throat, much like anaphylaxis, and he suffocated to death. This settlement was one of the largest oral surgery, dental malpractice verdicts ever.

In this case, Keller’s family was shocked and dismayed that the dental surgeon did not check with his family doctor. It would have taken only a simple phone call to discover that Keller's circumstances made him a bad candidate for oral surgery. Whether or not there were any other alternatives that may have been an option is not known to this writer.

While waiting for their wrongful death, dental malpractice case to go to court, the Keller’s probably had to deal with unexpected expenses relating to their son’s death in addtion to the usual expenses that is associated with life in America. Grief waits for no man, and the Keller’s may have found themselves worrying about where the money was going to come from to pay the bills. Expenses associated with their son’s death plus the usual bills relating to the mortgage, car expenses, food and medical bills for other family members must be paid, regardless of current circumstance. The Keller’s could have tried contacting a litigation funding specialist, they would have been able to pay everything off immediately.
A lawsuit cash advance is ideal in circumstances such as this; it allows a grieving family to wait for a just settlement rather than having to accept what they must because they need funds to pay their expenses. Lawsuit funding is non-recourse funding; if they had lost their case, they would not pay any of the money advanced back.

February 26, 2010

Twisted Bowel Costs Young Woman Her Life

This medical negligence case really makes you wonder about how good some doctors are at reading CT scans when under pressure to perform in the ER. Evidently, the doctor in this case made a very serious error and a young woman died as a result of a twisted intestine that no one diagnosed.

The young female patient went to her local hospital with severe abdominal pain, not once, but three times to have someone help her. Each time she went, she was treated by a different doctor and released. On her first trip to the Emergency Room, the doctor ordered a CT scan. The results came back as normal and she was sent home, only to return twice more in severe pain asking for help. Long story short, the professional who read the CT scan missed evidence that the patient had a twisted bowel. The condition was not diagnosed until her third trip to the ER. At that point, she was taken into surgery, but died before the surgery could be performed.

Her family filed a medical malpractice lawsuit which was finally settled for $3 million split between the six doctors named in the lawsuit. The court has yet to approve the settlement. The hospital facility settled the claim for $250,000. Unfortunately, South Carolina, where this case took place, has a medical malpractice cap of $350,000 per claimant.

While waiting for this case to be settled, the family must have faced enormous medical bills as well as being required to deal with the prospect of losing their daughter, best friend, sister and aunt. They had to move forward with their lives, but with the enormity of trying to pay for all the expenses associated with her illness and subsequent death. Litigation funding often provides an answer to their financial dilemma. In most instances, a lawsuit cash advance is made available to a qualified applicant within about 48 hours. Just one phone call will trigger the lawsuit funding process and permit the family to handle their immediate bills and expenses, while waiting for an equitable resolution of the case.

Cases like this are never easy; the family knows how hard it is to try and handle their loved one's death. In moving forward, by handling this death by filing a medical malpractice lawsuit, they help to assure that mistakes are reviewed and corrected, that adequate safety measures are implemented, and that no one else has to go through something like this in the future. Lawsuits, quite simply, are one of the strongest safety enforcement tools in our society.

February 24, 2010

Reckless Driving Kills Two Teenagers

This is a prime example of a wrongful death lawsuit in the making. The parents of the passenger in this fatal crash have grounds to pursue legal action. While their son initially survived the crash, his injuries subsequently proved to be fatal after he arrived at the hospital.

This was a single vehicle crash that took place in Ohio and involved a driver and a passenger, both only 16 years old. Eyewitnesses and the State Highway Patrol clocked the young driver at excessive speeds just prior to the moment he lost control of as he was cresting a grade. The car, a Hyundai, careened into a concrete bridge abutment and came to an abrupt and fatal halt. The driver was pronounced dead, by paramedics at the scene. The passenger was dead on arrival at the hospital.

This will be a tough, emotional, case for everyone involved. It is difficult when youngsters, with their whole lives ahead of them, die so young as a result of a bad decision. We can only speculate whether speeding was the only cause or whether other distraction, like texting or otherwise using a mobile phone, played any role in the tragedy. A wrongful death lawsuit will likely sort out the details.

If the family decides to pursue litigation, the wise choice would be to contact an experienced personal injury lawyer. They should do so, sooner than later, because time is of the essence in these cases; evidence must be collected and preserved for trial. The process is easily explained by an experienced attorney upon initial contact from the family.

It is also likely that this serious case will take a fair length of time to either be settled out of court or to await a jury verdict. Accident victims who must wait long periods for justice may wish to consider a service known as "lawsuit funding". This pre-settlement funding is a service that assists injury victims and their families in dealing with all their expenses while they await the outcome of their litigation; it prevents them from having to settle too early for a lower amount than what their attorney feels is fair under the circumstances of the case.

Litigation funding
has been a godsend to many clients over the years; of course, it cannot take away the pain of an injury or the loss of a loved one. But it can help victims achieve better results and more realistic compensation in their personal injury or wrongful death litigation.

February 22, 2010

Defective PVC Bursting Pipes Lead to Legal Battle

When companies pull a fast one on consumers, the results have a tendency to cause serious personal injury or death. This case could be a prime example of a company that was falsifying records and taking short cuts that made their product unreliable and unstable.

It is alleged that a former employee of JM Eagle, hired to handle certification of a new manufacturing process, discovered that the pipes he was supposed to subject to an extensive range of tests were not up to the proper standards. The former employee accuses the company of lying about product quality. It is argued that pipes that were supposed to last 50 years were rupturing before the first year was up. Ruptured pipes lead to explosions, leaks, fires and other serious hazards and it is argued that government water systems, locally and federally, have ruptured and caused serious injuries from resulting cave ins.

The argument goes that the company had been selling substandard pipes (plastic) since as far back as 1996. That’s a whole lot of piping for various uses being installed across the nation that didn’t meet industry standards, but was billed out at industry prices. A lawsuit filed in this instance, one referred to as a whistleblower lawsuit, contends that less than half of the piping JM Eagle sold would have been qualified to “be” sold if it had been properly tested.

What started out as one man blowing the whistle has turned into a mass tort litigation effort, with over 40 states now participating in the lawsuit. Many of these states have experienced exploding, cracking and leaking pipes resulting in work related injuries to maintenance workers and massive unexpected budget expenditures to fix the problems.

In this scenario, there will be a large number many people waiting for the lawsuit to settle. Cases like this have been known to take years to settle, and in the meantime, the plaintiff(s) will have to get on with their usual lives, pay bills, handle expenses; deal with medical bills for any injuries sustained, while holding down the fort until a decision is reached. JM Eagle is associated with the Formosa Plastics Group in Taiwan; there are deep legal pockets here and this case will not be resolved any time soon.

Any of the multiple plaintiffs in this case could benefit from accessing litigation funding; this type of non-recourse lawsuit cash advance is ideal for people facing a very long wait for justice, but who must still deal with making payments for medical bills, therapy, prescription drugs, medical devices and the like in addition to paying their every day bills and expenses.

We all know that money doesn’t grow on trees; trying to handle all our usual bills in addition to medical bills caused by a personal injury accident is often enough to almost put us under. Legal finance services might provide access to instant cash, allowing a plaintiff(s) to make ends meet without have to settle too early for too little and wait for an appropriate case resolution. One call to 1-877-377-SUIT will determine whether you qualify. The call is free, and the advice is priceless.

February 21, 2010

Prisons Can Cause and be Held Accountable for Wrongful Death

Correctional facilities are generally places for holding prisoners. In some cases however, the unexpected happens and an inmate winds up dead. In this Philadelphia case, a 17-year old boy by the name of Manny Leach was killed at the Youth Facility where he was being held. The administratrix of his estate filed a wrongful death lawsuit to hold the facility accountable, as this was the second death of a similar nature. The family recently received justice in the form of a multi-million dollar settlement.

Manny’s death was preventable. More to the point, it was predictable, given the fact it had happened before are the same youth detention center and had involved the same person. During settlement discussions, it was discovered that Manny was choked by an employee. The staff nurse found Manny without a pulse and not breathing when she was called to attend to him.

Ultimately, the youth detention facility paid out $10.5 million as a settlement rather than going to court. The family must consider this to be a fair resolution given the nature of the case; I am sure that they are pleased with the result and relieved that the litigation ordeal is over. Their attorneys, Thomas R. Kline, David K. Inscho and Mark Alan Hoffman of Kline & Specter, in Pennsylvania, deserve praise for a fine job.

Families like Manny Leach's often find that wrongful death and litigation resulting from it, may create financial issues. Aside from trying to recover from a painful loss, extraordinary bills and expenses relating to death create added financial pressure. Coupled with every day expenses, sometimes these financial issues will cause a victim's family to consider settling their valuable case too soon, for inadequate compensation. Pursuing a case like this one all the way to court and a verdict is often too much of an emotional and financial strain; such cases can take years to resolve, even when resolved by reasonable settlement, as was the case here. With this settlement, the Many Leach litigation took almost 3 years.

Lawsuit funding for families who have suffered a wrongful death and have filed a wrongful death lawsuit will find it rather simple to arrange a lawsuit cash advance. In most cases, it only takes one phone call to 1-877-377-SUIT (7848). A "lawsuit loan" may mean the difference between a small settlement taken out of desperation and a fairer and larger one because the family can now afford to wait for justice. With pre-settlement funding, waiting for justice is possible, and so is paying the necessary bills. The call is free; the advice is priceless.

February 19, 2010

Peeling Rubber=Wrongful Death

This is a case with a many different suits and settlements; ultimately, every single injury victim and family member of deceased victims filed wrongful death lawsuits as the result of this single vehicle rollover accident.

The year was 2005 and Evan Parker, a University instructor, was on a field trip with 10 of his students. He was driving a 1994 Dodge Ram 3500 Wagon. On the way back to campus, the van blew a tire; it rolled over four times as it flipped down an embankment. Six people were dead on impact, three others died at the hospital. Two survivors and the families of the eight deceased students filed a product liability lawsuit in 2006 against the tire manufacturer, Cooper Tire & Rubber Co., and Daimler Chrysler Corporation (Dodge Ram manufacturer). The suits alleged that the tire was defective; the tread peeled off with no warning which resulted in the vehicle losing control and crashing.

The suit further indicated that the tire-maker knew that the design and final production of this tire brand was faulty, but did nothing to fix the problems. The initial suits were settled out of court with Daimler Chrysler in 2008; Cooper Tire refused to participate and continues to deny liability.

The latest suit to be filed relating to the original accident, is a case filed recently by the wife and children of Evan Parker, the instructor. This product liability, wrongful death lawsuit will be joined with the 2006 suit; it is slated for trial in 2011. The journey to reach this point in the litigation process has been a long one; everyone involved has faced numerous obstacles to recover from the sheer horror of the accident and the injuries they suffered, or to cope with the death of a loved one.

Over the past five years and into the future, these plaintiffs will continue their legal battle. That battle will include a struggle to pay bills and expenses while waiting for settlement or a damage award from a jury. This isn’t easy for any of the survivors and making ends meet is difficult. Mrs. Parker and the other survivor’s may be well served by considering a "lawsuit loan".

A lawsuit cash advance, also known as litigation funding, might address their financial difficulties immediately, relieving financial pressure to settle to soon for too little. In contentious litigation like this, attorneys need time to achieve a fair result through settlement or verdict. With no end to the litigation in sight, life goes on, bills need to be taken care of. One way to minimize the financial impact is to seek a lawsuit cash advance from a professional lawsuit funding company. Lawsuit Financial has more combined legal and legal funding experience than anyone in this relatively new industry. One free call to 1-877-377-SUIT (7848) and you will receive the highest level professional advice at absolutely no charge. The call is free; the advice is priceless. Call Lawsuit Financial today.

February 18, 2010

Not a Deer, A Wrongful Death-Hit and Run

North Carolina Police got quite the shock recently when they responded to a “dead deer on the road” call. The officers figured it had been hit while trying to cross the road. What they found when they got there was the body of a woman; Judy Siegel.

As near as the police could tell, it looked like this unfortunate woman may have hit a tire on the road or hit a back tire on a tractor-trailer. Whatever she hit, it caused her vehicle to veer off the road and slam into a guardrail. Judy may have been ok; she got out of her car and walked out onto the highway. At that point, she was struck one car, then, apparently, several more. The first vehicle that hit her didn’t stay to report the accident; Judy’s death was the result of a hit and run. Other drivers, whose cars encountered her body, did stop at the scene.

The family is considering filing a wrongful death lawsuit. Is it possible to sustain a lawsuit under these circumstances? Yes, it is. One way is to identify the driver of the first car that hit Judy; police are investigating. Evidence collected at the scene may reveal more information about the vehicles involved. If the family chooses to hire an investigator, he/she may find other witnesses to the series of events that led to Judy’s death. Area body shops may have information leading back to the people involved in running over Judy and leaving her dead in the middle of the road.

If the family retains an attorney hired to pursue the case, a claim may exist against Judy’s personal uninsured auto insurance policy (Uninsured and underinsured coverage is something that every driver in America should have. If you don't have it, call your insurance agent, right now!). In other words there are various alternatives that would mean this case may have a chance at successfully concluding the case. In the process of waiting for this case to resolve in their favor, families that find themselves in circumstances like the Siegel family will still need to pay their regular bills and the extraordinary bills related to the death of a loved one.

One solution to handling financial problems while waiting for a wrongful death lawsuit to resolve is to seek lawsuit finance services. Lawsuit funding, also referred to as litigation funding, may be sourced to help plaintiffs handle their bills while they wait for an equitable settlement. In most instances, a lawsuit cash advance isn’t that difficult to arrange and will allow the family to pay off their debts.

Lawsuit Financial
is one of the most experienced companies in the country at providing legal finance services. We can often approve a case for lawsuit funding with 24-48 hours and the lawsuit cash advance is excused if you lose your case. That's right; if you lose the case, you keep our lawsuit cash, free of charge. One call to 1-877-377-SUIT (7848) will get you all of the advice you need to get started. The call is free; the advice is priceless.

February 17, 2010

It May be an "Accident", But it is Still a Wrongul Death

Last year, 71 year old Mavis Stonick was hit by a car and killed, while crossing an Evanston, Illinois road, last year. The subsequent autopsy showed that her death had been caused by multiple internal injuries resulting from the vehicle impact. The death was ruled an accident by the police and the Coroner. The family has filed a wrongful death lawsuit brought by Julian Stonick, special administrator of Mavis’s estate.

The battle lines in this case are sharply drawn. The driver of the vehicle, Judy Lowrence, and other witnesses state that Mavis was walking against the traffic light. However, witnesses also state that it was dark and raining; the roads would have been slick. Although Lowrence satisfied the police that she was traveling at posted speeds, others say that she was traveling too fast for the road conditions and not paying attention to pedestrians. No one could say for sure if the driver was on a cell phone or texting, or doing something else at the time of the impact.

To prove that this was a case of wrongful death, the plaintiff must prove that the defendant driver was careless and/or negligent; only time will tell whether or not the lawsuit is settled or resolved in favor of the plaintiff. In cases like this, plaintiffs, like Julian Stonick, are often faced with a myriad of bills relating to the death, funeral expenses, taxes, bill settlements and other expenses related not only to a loved one's death, but to ongoing maintenance of the estate. If the deceased is the family bread winner, the financial situation is even worse. The Stonick family will have to pull together to try and make ends meet while they wait for a fair and equitable settlement.

Julian, and others in her circumstances, might be interested in knowing that litigation funding may be available in the form of a lawsuit cash advance on this wrongful death case, or any other type of personal injury case. If the case qualifies for lawsuit funding, this lawsuit cash advance may be just what is needed to handle the accumulation of bills relating to this case and/or the loss of a loved one. These "lawsuit loans" assist plaintiffs in handling their bills now while the family awaits a verdict or settlement on the case.

Life goes on, bills must be paid; one quick phone call to 1-877-377-SUIT (7848) may immediately solve a plaintiff's financial dilemma. And the key to this valuable pre-settlement funding service is to reduce financial pressure to settle a case too early for too little. Ask your attorney what your case is worth and how long he/she thinks it will take to achieve maximum results. Evaluate your financial situation, put yourself and your family on a financial diet. Do whatever you can to hold out until you can achieve a maximum recovery. But don't settle because you can't afford not to; take comfort in the fact that if you need legal financial assistance from an expert in the legal finance field to achieve the lawsuit result you desire, Lawsuit Financial is just a phone call away.

February 16, 2010

Five Long Years For Justice: The Charles Keiser Case

In the very unusual wrongful death case of Charles Keiser, it took five years before a partial out of court settlement was finally reached. It was a long and painful journey for Keiser’s daughter, Amanda Landis, who, most likely, faced an ever increasing pile of bills over that period of time. Regular, every day, citizens usually don’t have a stockpile money on hand to handle their her own finances without the death of a loved one (and associated expenses) added in.

The facts of this case are bizarre and resulted in Keiser dying in a watery field on Thanksgiving Day, 2004. State Police were at the scene that day, responding to a call of a stolen bulldozer. Keiser was accused of stealing it; he was being apprehended by an officer when he stopped breathing. He was charged with assault, but ultimately it was the Coroner’s report that offered a somewhat different explanation of what had happened.

While Keiser was being restrained and arrested, he was face down on a wet field; it had rained that day and the field was dotted with puddles. The autopsy concluded that his death was accidental, due to drowning. Amanda Landis alleges, in her wrongful death lawsuit, that sheriff's deputies used excessive force during the arrest; officers held Keiser face down in a swamp while he was restrained and Tasered.

The police claim that they tried to pull Keiser's face out of the water, but Keiser resisted and pushed his face deeper into the water. None of the officers have ever faced criminal charges in the death, but the county agreed to a partial settlement of $750,000, last fall. A jury may have to decide the remaining civil case against the deputies.

In the long five years Landis waited for a full or, in this case, partial resolution, litigation funding could have made an enormous difference in her life. One call to 1-877-377-SUIT (7848), and lawsuit funding could have helped her pay the increasing volume of bills like funeral expenses, house payments, tuition, food, medical bills and other expenses. Lawsuit financing may have kept her financially solvent until the case was resolved. Had she lost the case, repayment of the lawsuit cash advance would have been excused.

Lawsuit Financial assistance is just a phone call to 1-877-377-SUIT (7848) away. Or, you can locate a reputable lawsuit funding company by doing some online research for a legal finance company with a sterling reputation.

February 9, 2010

Fleeing the Scene: His Second Accident Claims 13-Month Old's Life

Amy Alanis and Joshua Molina are living every parent’s nightmare – the death of a child. On the evening of February 1, 2010, Ms. Alanis, Mr. Molina, and their 13-month old son, Joshua (J.J.), together with two friends, were heading home on the northwest side of Chicago when Putiporn Kaewmooka smashed into their Honda Civic. Little Joshua was thrown from the car through the rear window and pronounced dead at the hospital. Two family friends were also killed in the crash.

But, there is an unbelievable sub-plot to this tragedy: Shortly before blasting through the intersection and ramming into the Honda driven by Mr. Molina, Kaewmooka was fleeing the scene of another auto accident which occurred a few blocks away. Kaewmooka was traveling well in excess of the speed limit, driving without headlights, as they were damaged in the first accident. Two days after the fatality, Mr. Kaewmooka was released from police custody because alcohol and drug tests came back negative, and because he previously had a flawless driving record. What is wrong with this picture? He was in two accidents minutes apart – fleeing one; injuring two and killing three in another. Alanis said in that one moment, he took all the hopes and dreams they ever had for their son.

Mr. Molina and Ms. Alanis have filed a lawsuit seeking unspecified monetary damages for the death of J.J. and for the injuries their own serious injuries. The lawsuit, they say is about justice for their son; it is not about the money. This is another case of a senseless act. This couple has lost a precious opportunity that we often take for granted: the simple, priceless, opportunity to watch their child grow up. They can only remember his first hug or first kiss; they will never experience his first day at school, his first baseball game, his prom, graduation and other childhood milestones. At a press conference, his mother had this to say:

“His smile was not like everybody else’s – he showed all his teeth...He was just learning to give hugs and kisses.”

Joshua was born on Christmas day, December 25, 2008. Christmas mornings will forever be a day of mourning for the Molina and Alanis families.

Lawsuit Financial
provides strategic pre-settlement funding; we assist plaintiffs in paying important financial obligations while their cases are pending in litigation. . Wrongful death lawsuits are very contentious and often take years to resolve. Lawsuit Financial helps families through such difficult times; we are very sensitive to your needs. We offer free consultations to evaluate your case and financial needs. Contact us online or call 1-877-377-SUIT (784), toll free to speak with one of our lawsuit funding specialists. Losing a child is devastating to a parent. The management and staff of Lawsuit Financial Corporation extend their heartfelt sympathies to Mr. Molina and Ms. Alanis.

February 9, 2010

Drinking & Driving: Sisters' Record Verdict Won't Restore Pre-Injury Life

Although Marta Perez and Rosie Landeros recently received a record, multi-million dollar, verdict in a lawsuit against Gustavo Davalos Torres, the two Bakersfield, CA sisters will never have the lives they did before June 15, 2007.

Ms. Perez and Ms. Landeros, 16 and 25 respectively at the time of the accident, were in a Honda Civic out for an evening of dinner and a movie. Gustavo Torres was driving under the influence when he ran a stop sign and crashed into the Honda. Toxicology reports showed that Torres blood alcohol content at the time of the accident was .16, twice the legal limit. Mr. Torres told first told the authorities that he only had two beers; he later changed it to four. In order to have an alcohol level of .16, Torres would have consumed 8 to 12 beers.

Mr. Torres was returning the truck he was driving back to Palla Rosa Farms, his employer at the time. He was able to walk away from the accident with no serious injuries. Unfortunately, that was not the case for the two sisters. Perez and Landeros were rushed to the hospital with traumatic brain injuries. Ms. Perez recovered enough to return to her job at a rehabilitation center. Ms. Landeros was not as fortunate. She was in a coma for six weeks and suffers from memory loss; she has no control over her emotions or judgment. She is confined to a walker, her left leg has virtually no strength, and her left arm is still bent from the impact. She will need constant round-the-clock care the rest of her life. Her years of high school and graduation were lost. Her dream of becoming a nurse shattered. “You can’t put a price on what happened,” said now 28-year-old Marta Perez. “Money is not going to change life back to the way it was before.”

We continue to hear of these unnecessary tragedies; they are senseless and avoidable. When will they stop? If you wish to drink, that is your choice: but please, make a conscious decision, before you take the first drink, to not mix drinking with driving. Please, if you decide to drink, stay off the road! Make wise choices in your life; the choices you make could be life-altering and may seriously affect the lives of others.

Think about innocents like Rosie Landeros. While her financial recovery will certainly assist in providing her future care and living needs, it will never give her back the live she was enjoying or allow her to experience her dream to be a nurse. Can we put a price tag on a teenager's dream? On her future quality of life? If you are one of the “Mr. Torres’” of the world, is the drink worth it? Will you enjoy prison? What will your quality of life be, knowing you had seriously damaged a young person's life, forever?

This case took almost three years to resolve. Both victims suffered serious injuries and serious financial damage. Incomes were severely restricted during that time. Thankfully, both were able to wait out the long legal process and receive appropriate justice for their injuries. Perhaps they received lawsuit funding to get by. By now, you know that lawsuit funding assists families who are struggling to make ends meet due to injury or death caused by auto accidents, slip and falls, malpractice, product defects, and other accidental injuries. In this case, it would have been of substantial assistance to the victims of this drunk driver. If you are involved in a pending personal injury lawsuit and worried about paying bills or other financial obligations, Lawsuit Financial has your solution. Our pro-justice legal finance company is one of the country's most experienced provider of legal funding services. If you have been injured in any type of lawsuit that was not your fault, please contact Lawsuit Financial today. We provide a free consultation and, if you are approved and receive lawsuit funding, we charge no fee unless you win your personal injury lawsuit. Call us today, toll free, at 1-877-377-SUIT (7848) or visit our website. The call or the visit is free; the advice is priceless.

February 8, 2010

Porn Watching Truck Driver Causes Fatal Accident

If you read my blogs on a regular basis, you know that I continuously remind readers about the dangers of distracted driving. Usually, these distractions happen in the form of cell phone use or texting while driving. Recently I read an article that tops all of the distracted driving cases I have read and reported about. In this recent case, a truck driver caused a fatal accident due to being distracted while watching pornography on his laptop computer screen.

Julie Stratton, 33 of Snyder, New York was traveling on Interstate 90 when she hit a deer, disabling her car. Ms. Stratton called 9-1-1, but help did not arrive before a tractor trailer driven by Thomas Wallace, 45 of Brook Park, Ohio slammed into her car. How could several vehicles avoid hitting her vehicle, yet Mr. Wallace could not? The answer – Mr. Wallace was distracted by pornography he was watching on his laptop. Later, when he admitted to watching the porn, he also admitted that he kept fictitious log books and had actually been on duty for twenty-seven hours straight and driving on only four hours of sleep. This is in violation of the transportation law. According to the Bureau of Labor Statistics, long distance drivers may not exceed 11 hours of driving per day, and work no more than 14 total hours. Between working periods, a driver must have at least 10 hours off duty. Drivers are also required to document their time in logbooks.

There are far more possible distractions than anyone could ever imagine. How many more accidents must happen before people get the message? Let’s face it ─ if you are the fatality, it is too late to “get the message.” Because of Mr. Wallace’s negligent actions, there are two little boys, Sam and Ben who will grow up without their mother. It is time we all think twice before driving while distracted.

If you or a loved one has been injured in a automobile or truck accident, it is important to contact an attorney who specializes in cases like yours. An attorney will not only advise you on your case, but will help advice protect your legal rights, and preserve the evidence resulting from the accident. If you don't know or can't locate an attorney in your area, Lawsuit Financial will be happy to provide a free referral, anywhere in the country.

What if you are injured or disabled? What if the medical expenses and household bills are piling up, or even worse ─ funeral expenses? Couple that with the amount of time that a lawsuit takes because of insurance company delay tactics, and you may be facing financial devastation. What are your options if you are in this situation? You can rack up more debt with credit cards or a second mortgage on your home, or you can call Lawsuit Financial.

Lawsuit Financial provides lawsuit funding
to help cover bills while your case is being prepared for trial and settled. Let our pro-justice legal finance company help relieve the financial burdens so your attorney has the time necessary to achieve the results you deserve. We will help prevent you from resolving your case for less than full value due to pressing financial needs. Call us at 1-877-377-SUIT (7848) or visit our website for a free, no-obligation consultation.

February 5, 2010

Drinking and Driving: A Deadly Combination in Illinois

Why aren't drivers getting the message that drinking and driving don't mix? Why can't they see that this is a dangerous, sometimes fatal combination? The family of 19 year-old Kevin Benes learned this the hard way when a drunk driver slammed into the young Illinois man's car last Dec 11, causing his death.

His family has filed a wrongful death lawsuit against Michael Bourdage, the man accused of driving drunk and causing the crash. The lawsuit seeks unspecified damages in excess of $50,000. Bourdage, 24, also faces criminal charges.

Scott McKenna, the Benes' family attorney, stated that the boy's parents want to see to it that "justice is done". "The bottom line is, Mr. Bourdage needs to be held responsible for what he did".

Serious auto accidents involving serious injuries and/or death are often the consequence of drinking and driving. Lawsuit Financial is constantly called upon to provide financial support in the form of lawsuit funding to people who have suffered serious injuries caused by the negligence of a drunk driver. Worse, our pro-justice legal finance company also provides lawsuit financial assistance to survivors of people like young Mr. Benes who are killed by drunk drivers and file wrongful death lawsuits to collect damages.

Auto Accident lawsuit funding
or Wrongful Death lawsuit funding can assist families who are having trouble making ends meet because of the injuries or deaths caused by a drunk driver. Litigation funding can provide financial assistance, regardless of whether the victim has good or bad credit; our legal funding company is only concerned with whether the victim has a solid case and a good lawyer. We can even provide assistance in finding a good lawyer if your family has not yet found one. If you have been injured in any type of lawsuit that was not your fault, please contact Lawsuit Financial today. You can call us, toll free, at -877-377-SUIT or visit us on the web at www.lawsuitfinancial.com. The call or the visit is free; the advice is priceless.

And, for those of you who like to drink, please don't mix your drinking with driving. Appoint a designated driver, call a cab or a designated driver service. The life you save might be your own, and, if your negligence results in the catastrophic injury or death of another, and you have a conscience, your life will change for the worse and will never be the same.


January 7, 2010

Momentary Cell Phone Distraction Leads to Seven Figure Settlement

Following today's blog about texting while driving and Britain's graphic PSA on the subject comes news that the City of Palo Alto has settled an motor vehicle accident lawsuit for $1.5 Million.

The lawsuit was the result of a 2006 automobile accident caused by a city worker who ran a red light while reaching for his cell phone instead of keeping his eyes on the road and his hands on the steering wheel.

The plaintiff, Silvio Obregon, suffered unspecified "debilitating spinal injuries" caused by the negligence of city worker, Rubin Salas. I must presume Obregon suffers from some symptoms of quadriplegia or paraplegia; he was seeking $5 Million in the suit.

An assistant city attorney called the settlement "the largest we've had in a long time on a personal injury claim" but admitted that the amount was fair due to the severity of the injuries suffered by the plaintiff.

I post this for two reasons:

1. Please, dear readers; stop texting and driving; stop using or looking for your cell phone while driving. Stop engaging in any activities while you are driving that are unrelated to driving. Distracted driving seriously injures and kills thousands of people.

2. There is no "jackpot justice"; as the assistant city attorney (this is the guy that represented the defendant city) said in this case, the amount was fair because the injuries were severe. The average seven figure pay-out results from serious liability causing serious, catastrophic injuries or death. Don't listen to those who suggest that "tort reform" seeks to stop "frivolous" litigation. Capping damages is an attempt to reduce the value of serious injury caused by serious infractions of law. Reducing damage awards will make all of us less safe; there will limited consequence for the actions of seriously negligent people who seriously maim and kill you or your family members.

Would you want to be told that your life or the life of a loved one is worth a capped amount in a death case? That's what the tort reformers want. Would you want to be told that the loss of use of your lower extremities was worth a capped amount? What are the continued healthy use your legs and arms worth to you? How about those of your children or grandchildren? The tort reformers care only about business; they place profits over life, profits over good health, profits over safety, profits over people. Don't be fooled by the cries that the legal system needs correction. Your most important safety tool is the threat of a lawsuit with unlimited court access and a potentially unlimited recovery.

And please...stop using your IPhones, Blackberries, and other cell phone or texting devices while you drive. If you need to text or make a call, pull into the nearest parking lot, shopping center, or gas station; stop the car and make your call. Stay there until your call or text has been completed. You'll be on your way, soon. Drive carefully; keep your eyes on the road and your hands on the wheel. Lawsuit Financial, the pro-justice lawsuit funding company will continue to support a nationwide ban on the use of these devices while operating a motor vehicle. If you or someone you love has been involved in a serious accident, with serious injuries and serious financial consequences, Lawsuit Financial can assist you and your family with strategic lawsuit funding. We provide the money you need now so that you can await the outcome you deserve later. You do not have to choose between your house and your case, your car and your case, food on the table and your case, or your kids' education and your case. Lawsuit Financial has provided millions in legal finance assistance to thousands of injury victims. Call us today, toll free, at 1-877-377-SUIT (7848) or visit our website. The call or the visit is free; the advice is priceless.

December 15, 2009

Paralyzed Motorcylist Nets Huge Verdict: Lawsuit Financial Can Assist Injured Motorcyclists

Recently, I posted a blog on motorcycle accident statistics and lawsuit funding. I indicated that roughly 5% of all motorcycle accidents result in death; most result in serious injury to the rider.

Last week, a Lee County, Florida jury awarded $44.9 million to Gerald Aloia, of Cape Coral, FL, who was paralyzed in a 2006 accident. The verdict was one of the largest in Lee County history. Aloia was riding his motorcycle in Cape Coral, Florida, and was struck by a Corvette.

As previously reported, motorcycle accidents often lead to catastrophic injuries and/or death. Insurance companies do not easily resolve serious injury cases; they contest them, require lawsuits before considering payment, try to resolve cases for inadequate sums, and delay claims, case or lawsuit resolution for as long as possible. If you or someone you love has been seriously injured in an automobile or motorcycle accident, lawsuit funding from Lawsuit Financial can provide financial assistance to you and your family while you wait for your attorney to obtain fair compensation. We fund only against the merits of your case; whether you have good or bad credit does not matter to our legal finance specialists. If you lose the case, repayment is excused. You only pay if you win your case. We can provide money for mortgage or rent payments, car payments, household needs, groceries, medical expenses or utilities. In other words, we will provide legal funding for any important need. Call Lawsuit Financial at 877-377-SUIT (7848) right now, or visit us on the web at www.lawsuitfinancial.com. The call is free; the advice is priceless.

November 13, 2009

Traumatic Brain Injuries Kill Two in Separate Indianapolis Accidents

Within a day of each other, two Indianapolis men have died after suffering traumatic brain injuries. On November 11, David Jansen was fatally injured. Jansen was working on a large piece of equipment when his head got caught in the machine. No one witnessed the accident so it is uncertain whether Mr. Jansen slipped and fell, became entangled in the equipment, or had a medical condition that caused him to fall into the equipment.

On November 12, Manuel Maldonada was in a minor auto accident. Witnesses say that Mr. Maldonada got out of his car and slapped the windshield of the other vehicle with his hands before walking away. Moments later, he was found, collapsed on the side of the road. It is unclear what caused Maldonada to fall, if he was struck by another vehicle, or if he had a prior medical problem that caused him to fall. Again, there were no witnesses.

While it appears that both these fatalities occurred quickly after the incident, it is important to be aware that the first few hours after an accident are the most crucial in determining the severity of the injury. It is common to suffer a slip and fall or an auto accident, appear perfectly fine, then suddenly and rapidly deteriorate. This may have been the case with Mr. Jansen or Mr. Maldonada. Although he walked away from the accident, pursuing immediate medical attention may have saved his life. It is imperative to seek medical attention, following any accident, even if there is no pain or sign of external injury. Internal injuries could result in serious, life-long medical problems or fatalities; never assume you are ok; it may cost you your life.

Falls, and auto accidents, and work related accidents are a major cause of traumatic brain injuries. Obviously, these injuries can be devastating to victims and their families. Brain injuries can leave an individual severely debilitated and often result in fatality. The most important thing we can all do is take precautions to lower our risks of traumatic brain injuries. Preventive measures such as seat belts, helmets, and hard hats can greatly reduce traumatic brain injuries.

The unfortunate circumstances of Mr. Jansen and Mr. Maldonada are not necessarily cases for potential litigation. Further investigation may determine the cause of these traumatic brain injury fatalities and whether litigation is or is not appropriate. In contrast, there are many auto accidents, maritime accidents, slip and falls, construction accidents and others that may result from the negligence of someone else.

If you or a loved one has experienced a traumatic brain injury, caused by the negligence of another, you may be able to pursue litigation. It is important to consult an attorney who specializes in cases like yours; if you do not know an attorney or cannot locate one, Lawsuit Financial will find one for you in any of our 50 states. If the traumatic brain injury resulted in a serious financial hardship and you are pursuing a lawsuit, you may qualify for lawsuit funding. Lawsuit Financial provides financial assistance while you wait for you case to settle. You have enough pain and stress from the actual injury, why worry about how to pay your bills? Lawsuit Financial is here to help. We will evaluate your case and typically provide the needed legal funding within 24 – 48 hours. Call us toll free, at 1-877-377-SUIT or visit us on the world wide web at www.lawsuitfinancial.com

October 16, 2009

Pilot Disorientation Turns to Tragedy and Wrongful Death Airplane Crash Lawsuit

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.

October 14, 2009

Mother of Three Dies From Routine Lipsuction Procedure

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.

October 13, 2009

Oklahoma Auto Accident: "Single Moment" Tragically Alters the Lives of Oklahoma Family

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.





September 29, 2009

Driver Identified in Marblehead Teen Crosswalk Death

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


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

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

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


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

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

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

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

If you have already retained an attorney and filed your case in court, Lawsuit Financial can provide the legal financial assistance you need to get through the tough and long litigation process. You may need lawsuit funding to pay your rent, mortgage or car payments. If you qualify for a lawsuit cash advance you can receive the money you need in as little as 24 hours after you apply. Whether you have lost a loved one or been injured in an accident and need legal funding now, or need litigation funding for any other type of personal injury case call us, toll free, at 1-877-377-SUIT, or, visit www.lawsuitfinancial.com.

September 17, 2009

Toyota Deception: A Personal Injury Postscript

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

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

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

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

September 3, 2009

Unsafe Product Concealment: The Toyota Case

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

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

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

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

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

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

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

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

August 24, 2009

Dentist Wrongly Pulls 13 Upper Teeth: $2 Million Verdict Resutls

A woman in South Carolina won a $2 million dental malpractice verdict after a dentist mistakenly pulled 13 teeth. In 2006, 28 year old Elizabeth Smith went to the Sexton Dental Clinic to have three teeth pulled; a clinic dentist pulled all 16 of her upper teeth. Restorative surgery, which plaintiff plans to have as soon as possible, will cost about $80,000.

The number of dental malpractice claims are relatively consistent; many people are not aware they can pursue a dentist for dental malpractice in court, or that dentists are liable for improper treatment. Here are some examples of negligence that could lead to the filing of a dental malpractice suit:


Nerve injuries that affect a patient’s ability to taste

Nerve injuries causing permanent numbness in the tongue (or partial tongue numbness)

Negligently completed crowns and bridges and/or complications arising therefrom

Failure to take a patient’s relevant medical history into account before commencing treatment

Failure to diagnose or detect oral cancer, periodontal disease, or other diseases

Complications from anesthesia

Unnecessary extractions

Extraction of incorrect teeth

Lawsuit Financial may provide legal funding in dental malpractice cases and all other types medical malpractice cases. The nation's number one legal finance company also provides auto accident lawsuit funding, premises liability (slip & fall) lawsuit funding, construction accident lawsuit funding, maritime accident lawsuit funding, airplane crash lawsuit funding, train crash lawsuit funding, dog bite lawsuit funding, wrongful death lawsuit funding, or any other type of personal injury lawsuit funding.

Lawsuit Financial has one of the nations largest networks of attorneys available for referral. If you need a referral to a legal specialist in any legal field, call us today, at 1-877-377-SUIT (7848) and talk to one of our legal referral specialists. Or, visit the referral page of our website. If you believe that you are a victim of dental malpractice or dental care neglect it is important to discuss your case and your rights with an experienced dental malpractice attorney.

August 24, 2009

Security Force Negligence: Violation of Public Safety

An important public safety issue that is frequently ignored, is the background required to be and training required of a private security force. We might be dealing with a private security force, guard service or individual security guard, or, in the entertainment field, we might be dealing with a "bouncer" or crowd control security force. While these security forces are charged with responsibility for public safety, similar to public police officers, they may lack the training and expertise provided to public police officers. Thus, their individual reactions to various incidents they may encounter may vary, based their age, training, background, experience, intelligence, approach, temperament, and other similar common sense factors. They are not necessarily taught/trained to exercise the judgment and restraint that might be part of a public law enforcement education or training program.

A Fresno County jury on August 20, 2009, awarded $535,000 in damages to a poker player who said that casino security guards cuffed him and lifted his arms behind his back, which caused him to suffer a left torn rotator cuff. Reportedly, the incident happened following his argument with a dealer. The injury has required three surgeries and may require additional surgery, as well.

After deliberating for two days, seven hours total, the jury awarded plaintiff, Nshan Minasian, $400,000 for medical bills and $135,000 for pain and suffering. Attorneys for the casino argued that the guards acted appropriately and that Minasian was primarily responsible for the escalation of the incident. They plan to ask the judge for a reduction in the award.

I do not pass judgment on the conduct of this particular security force in this particular case; although the jury's verdict does tend to indicate that its members did not buy the casino's argument that the plaintiff escalated the violence. The verdict suggests that the guards crossed the line, creating casino liability. There are important safety issues raised by verdicts and cases like this: What was the experience level of the security force? What training did they have? Did they undergo a formal training program? What rules and regulations for handling a 'troublemaker' existed and were posted? What prompted them to use the level of force that was used? How much of a threat did the plaintiff pose to them or to the public? How much restraint did they show? What would a trained police officer have done in the same or similar circumstance?

Lawsuit Financial provides strategic legal funding to victims of private security negligence and other types of personal injury litigation. This pro-justice lawsuit financing company exists to provide lawsuit funding as a strategic tool to prevent a plaintiff's immediate financial need turn into an inadequate financial resolution of his case. Our lawsuit finance programs attempt to assist all personal injury plaintiffs to financially survive their lawsuits, help pay their case-related or regular payment obligations, and prevent them from settling early and inexpensively. This strategy should result in increased case proceeds for clients, higher fees for attorneys, and the appropriate result for their cases. The pre-settlement funding could pay for itself out of additional case proceeds that funding makes possible. For further information on this unique legal finance program, please visit our website or call us, toll free, at 1-877-377-SUIT (7848).

August 11, 2009

Merck Pharmaceutical Negligence Suit Begins

Developing drugs to alleviate or cure certain conditions is a tricky business. The human body is both complex and delicate, requiring that whatever may be synthetically produced and introduced to the body be done with extreme care and caution. A series of recent lawsuits (around 900 total) are claiming that Fosamax, an osteoporosis drug produced by Merck & Co., causes the death of jawbone tissue, which has led to jaw removal for several users of the drug. The first case went to trial today, August 11th.


The plaintiff argues that Merck failed in their duty to provide safe drugs to consumers and make potential health risks clear to consumers. Allegedly, Merck knew about the apparent connection between Fosamax and the disease as early as the mid 1990s, yet did not change the drug label to warn consumers about potential risks associated with taking their drug. According to the plaintiff's lawyer, Timothy O’Brien, "Merck had notice through adverse reports starting in 1996." And the drug company had "thousands of reports" of jawbone loss since.


There are two disturbing issues brought up by this case. If the connection between Fosamax and the death of jawbone tissue is true (which seems to be the case citing the "thousands of reports") then Merck did in fact release a drug that can cause severe harm to its users. This is itself a dire mistake, however more troubling is the company's alleged ignorance or denial of the facts concerning their drug, which if true resulted in the most gross display of negligence: Keeping the drug label unchanged while thousands of reports surfaced in a span of around 9 years (Merck changed their label in 2005, however the plaintiffs claim that again the company did not sufficiently warn consumers about the drug's risks.)


Making a mistake is bad business; however refusing to face the facts and at least warn consumers about the risks associated with one's product is a shameful display of apathy towards the well being of others. Many drugs have potential side effects, but devastatingly dangerous conditions that could result from the use of a drug have to be made clear. If Merck did in fact know about the connection between Fosamax and the death of jawbone tissue, yet did not change the drug label to clarify this issue, negligence is just scratching the surface of this company’s problems.

Lawsuit Financial supports all efforts to hold drug companies responsible for producing safe products and warning about dangerous ones. We provide responsible lawsuit funding for drug liability cases as well as other types of product liability lawsuit funding. Legal finance services can assist all types of injury victims; legal funding helps a plaintiff achieve better lawsuit results by providing interim lawsuit financial relief while his/her case winds its way through the legal system toward resolution, preventing them from settling a valuable lawsuit too early for too little. If improved results are achieved for the plaintiff, an attorney on a contingency fee will receive a corresponding benefit. Lawsuit financing is an important legal strategy for attorneys to use in appropriate situations. For a free analysis of your (or your client's) lawsuit finance situation, please call our toll free litigation funding helpline at 1-877-377-SUIT or visit us on the web at www.lawsuitfinancial.com.

July 10, 2009

Cerebral Palsy: Ohio Hospital Negligence Results in Record $31 Million Verdict and Settlement

Cerebral palsy is a life-long disability, which involves disorders of movement control and muscle coordination. It is caused by brain damage that occurs before, during or immediately after birth, and it is commonly associated with seizures, sensory impairments and cognitive limitation.

Thousands of children are diagnosed, each year, with cerebral palsy, as a result of medical errors occurring at the time of birth. Most cases of cerebral palsy are not related to medical errors, but some children would not have suffered a brain injury had doctors, hospitals or nurses followed the proper standards of medical care during labor and delivery. If complications are encountered during labor or delivery, it is a medical provider’s responsibility to identify potential problems, react appropriately, and follow the proper standard of medical care to deal with the situation. However, mistakes can be made.

When cerebral palsy results from a medical mistake which could have been prevented, financial compensation may be available for the child. It is very important to retain an attorney who specializes, not only in medical malpractice cases, but in cerebral palsy medical malpractice cases.

With that in mind, I am pleased to report that, last week, attorneys Richard Lawrence and Patrick Beirne received the highest medical malpractice verdict in Ohio history. An Ohio jury awarded their client, the family of a child who developed cerebral palsy as the result of medical negligence, $31 million in compensatory damages. 8-year-old Leondo Stanziano, was born on December 11, 2000 at Miami Valley Hospital in Dayton, Ohio. The child suffered permanent brain damage resulting in cerebral palsy after being deprived of oxygen for 18 to 20 minutes during delivery. He now suffers from severe cerebral palsy, which has left him unable to speak, unable to walk and requiring 24-hour care. Within a week of the record-setting verdict, the matter has been settled for an undisclosed sum.

Congratulations to these two fine attorneys and to their clients for a hard fought victory. Compensation will not make the child well; nothing can do that, but the cost of caring for a severely disabled child should be borne by those who caused that disability, not by the innocent victims. This verdict and settlement will assure that the child's care needs are covered and that he will receive the best care possible under the circumstances. This is what serious litigation should be about: appropriate and sensible compensation for the victim; accountability, responsibility and future prevention incentive for the perpetrator. All seems to have been achieved with this result.

Lawsuit Financial is one of a very select group of legal finance companies with the legal and legal funding experience to evaluate and provide lawsuit funding in cerebral palsy cases. For a free analysis of your lawsuit funding situation, call us, toll free, at 1-877-377-SUIT (7848) or visit www.lawsuitfinancial.com.


July 9, 2009

Michigan Supreme Court: Are the Scales Finally Tipping in Favor of Justice for Michigan Citizens?

Two recent 4-3 opinions would suggest that the recent election of Diane Marie Hathaway to the Michigan Supreme Court is paying dividends to the cause of justice in Michigan.

In one case, he Detroit News is reporting that the high court has ruled that a dead mother's family can sue a hospital and doctors for $1.4 million in damages for loss of household services. Housework, cooking, caring for children, trash removal, etc. would qualify for damages under the ruling. Attorneys for Monroe, Michigan's Mercy Memorial Hospital unsuccessfully argued at both the Court of Appeals level and the before the Supreme Court that "household services" are part of a non-economic recovery, thus lumped into legislatively capped, non-economic (as part of the 'pain and suffering' recovery) damages. Both courts said "no", that household services are economic damages, thus not subject to the cap.

The "cap", by the way, is part of legislative tort reform passed by conservatives during the John Engler administration. "Caps" on damages restrict juries and judges in dispensing justice in Michigan and keeps them from appropriately punishing the offenders. To merge economic issues into the non-economic cap would have caused an even greater injustice to an already unjust system in Michigan.

The family's complaint had alleged that the deceased, Laurie Ann Greene, bled to death from the site of a Cesarean section, due to the hospital's negligence.


In the other case
, also a 4-3 decision, the Detroit Free Press reports that the high court allowed a gunshot victim to sue a Detroit 911 operator for intentional infliction of emotional distress for asking the distressed caller if she was a “mental patient". The caller had indicated that she had been shot in the head. After berating and insulting her, the operator finally did send police to the caller's location. The police could not locate her and EMS arrived after the victims son, from his Minnesota location, called Detroit Police. The article does not mention what the legal controversy was. I would presume that there was a governmental immunity argument made here. Clearly, there was a breach of duty. 911 operators should take citizens' calls, compassionately listen to their concerns, and dispatch the appropriate authority to their locations. That is all. To berate or ridicule a caller is not only inexcusable, it is now, in Michigan, actionable in court. Congratulations to the plaintiff in the case, Lorraine Hayes, and her attorneys for a hard-fought victory.

Our citizens are responsible for this sudden turn-around in civil justice. Late last year, they voted to promote Diane Hathaway to the Supreme Court, rejecting the re-election bid of the very conservative former Chief Justice Clifford Taylor. In next year's election, another very conservative Supreme Court Justice, Robert Young, is running for re-election. It is extremely important that our citizens realize the importance of the civil justice system to our basic civil rights and the importance of their vote in promoting civil justice. Pro-big business, anti-citizen justices, like Justice Young, do not stand up for the rights of the average citizen and Hathaway's recent election has helped to reverse a 15 year trend of anti-justice, anti-citizen decisions from our highest court. When Robert Young runs for re-election, send him packing. Maybe he can open a law office with Clifford Taylor, representing the concerns of big business.


Lawsuit Financial provides legal finance services to injured and disabled people involved in pending lawsuits. If you are injured or disabled, have a lawyer handling your case, are having financial difficulties, and are considering a settlement (because of those financial difficulties) that your lawyer says is too low, call Lawsuit Financial, now. The toll free, no obligation lawsuit funding help line number is 1-877-377-SUIT (7848). One of our friendly legal funding paralegals will analyze you situation for free. We finance auto accident cases and all other personal injury litigation. Call Lawsuit Financial, or visit our website.

Lawsuit Financial will continue to speak out in favor of pro-justice issues. We implore all citizens to do the same.


July 7, 2009

$2.3 Million Santa Clara Bicyclist Wrongful Death Settlement: Sometimes Defendants Do the Right Thing

A settlement has been reached between Clara County, CA and the parents of a bicyclist killed when a former sheriff's deputy apparently fell asleep at the wheel and drove his patrol car into a group of cyclists. The case settled for $2.3 Million. Other cases are still pending.

I often rant, at this location, about tort reform and the US Chamber's ridiculous crusade to classify all cases as frivolous and/or abusive. Here is a case where the county stepped up to the plate and did the right thing. The family has been reasonably compensated and the settlement avoids a painful trial. Craig Needham represented the family and Lawsuit Financial congratulates him on a job well done.

Auto Accident Cases are the most prevalent types of cases funded by Lawsuit Financial. Strategic use of legal funding can, and often does, enhance the value of a plaintiff's case by removing a plaintiff's financial pressure to settle early and inexpensively. If you have questions about the appropriate and/or strategic use of automobile accident lawsuit funding, or any other type of personal injury accident legal finance, please do not hesitate to call Lawsuit Financial, toll free, at 1-877-377-SUIT (7848) for a free, no obligation, consultation. Or, visit us on the world wide web at www.lawsuitfinancial.com.

June 10, 2009

Firefighter Families Receive $2.2 Million-Accountability & Safety Changes Through Litigation

There is no way to foresee the future and prevent every tragedy from occurring, however we can learn from past mistakes and make changes in the way we behave and act to build a more promising future. A recent Boston Globe article tells the story of two firefighters that were killed battling a grease fire in a neighborhood restaurant. The gross negligence of three parties resulted in a deadly volume of grease back up in the restaurant’s air ducts. City ordinance required that restaurant air ducts be cleaned quarterly to prevent grease build-up that may cause devastating fires. Workers at the restaurant, the restaurant's landlord in charge of maintaining quality standards, and a professional cleaning service hired to clean the air ducts (they cleaned the stove and hood, but never looked at the air ducts) were all unable to hold themselves accountable and make sure that the air ducts were cleared of grease. Because of their negligence in this important safety matter, two Boston firefighters paid the ultimate price.

The families of the firefighters sued all 3 parties and received $2.2 million in a settlement. However, the effects of this lawsuit go far beyond compensating the firefighters' families for their loss. Today, as a direct result of this tragedy and the litigation it spawned, tougher city regulations exist to assure that commercial kitchen cleaners pass a certification test and register with the fire department before they are allowed to work in city restaurants. This precaution should lead to more qualified, knowledgeable and responsible cleaning services.

The change in city ordinance resulting from this tragedy is a sobering reminder that the beneficial effects of lawsuits do not stop with those personally involved. As John Adams once said, "Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds." The families of firefighters of Warren J. Payne and Paul J. Cahill were fleeced out of a lifetime of memories with their beloved. By demanding justice through litigation, the families of these firefighters have caused an improvement in safety measures; hopefully these changes will prevent another tragedy like this occurring.

Lawsuit Financial Corporation understands the merit and long-lasting effects of proper and necessary litigation. By providing lawsuit funding, LFC helps those who seek to claim compensation due to the negligence of others who refuse to hold themselves accountable for meeting their responsibilities. This unique litigation funding company can assist you with a fire and explosion case like this one, or any other type of personal injury case. If you feel that Lawsuit Financial Corporation can help you in anyway, please contact us, toll free, at 1-877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com.

May 12, 2009

Maritime Accident Nets $1.8 Million-Lawsuit Funding Candidate?

Maritime injuries are injuries that occur at sea and are governed by "the law of the sea" or Maritime law. The main body of law that governs these injuries is a 1920 federal law known in legal circles, simply, as the Jones Act. The Jones Act has been amended countless times, since 1920, but it, essentially, seeks to provide protection to seamen who risk their lives at sea. It provides a remedy for maritime workers who sustain an injury while in service to a vessel on navigable waters as a result of employer or fellow crew-member negligence, or for the unseaworthiness of the vessel.

When a seaman is injured on the job, he may be entitled to recover certain benefits. Attached to this post is an article that reports a $1.8 Million verdict in Minnesota for an Escanaba, MI man who was seriously injured in a fall on a ship.

The injured man, Daniel L. Willis slipped and fell and injured his knee while performing his job on the vessel. He was treated at a nearby hospital and was then left to transport himself back to Escanaba on an 18-hour bus ride. Apparently, the long bus ride and the knee immobilizer combined to cause the development of a deep vein thrombosis that led to other complications.
The lawsuit alleged that his injuries were the result of “the unseaworthiness of the vessel and insufficient manpower, equipment, direction, supervision, maintenance, and other incidents of defendants’ malfeasance, negligence, and failure to provide a safe place to work.’’ As previously indicated, these are core allegations needed to pursue Maritime damages.

Willis was expertly represented by Wayzata, Minn., attorney Stephen Eckman, who also claimed that the defendants failed to attend appropriately to his client's medical needs. I congratulate Mr. Willis and Mr. Eckman on their hard-earned victory.

Lawsuit Financial provides Maritime legal finance services to people injured at sea and who have to pursue Maritime litigation to get the compensation they deserve. These cases can take a long time to resolve and families are often without wages or other compensation during that time. In this case, the accident happened in August 2004 and the verdict was announced in May 2009. Legal funding from Lawsuit Financial can provide a legal non-recourse cash advance for mortgage payments, rent, food, clothing, transportation, medicine or medical care while the injured plaintiff recovers from his injuries and pursues his lawsuit. With a lawsuit cash advance, there is no credit check and no credit hit; the only collateral necessary for litigation funding is a pending lawsuit.

If you or someone you love has been injured in any kind of accident, has hired an attorney and filed a lawsuit, and needs fast lawsuit cash call Lawsuit Financial, today, toll free, at 877-377-SUIT (7848) or, visit us on the web at www.lawsuitfinancial.com.


April 22, 2009

$21.6 Million Verdict Not Enough-Attorney Wants $45 Million More: Fair? Justice? Absolutely!

You read a lot about the need for 'tort reform' to protect big business and big insurance from overly generous, out of control juries and, of course, from those "greedy trial lawyers". Typically, 'tort reform', as it is practiced in most state legislatures, centers on three things: 1. Capping general damages. 2. Limiting punitive damage awards and/or sanctions 3. Reducing or eliminating liability or duties owed in certain situations. One would think that lawsuits are never about punishing safety violations or providing incentive to correct them. Lawsuits are, in the minds of the big business, big insurance publicity campaign, designed to pull the wool over the public's eyes about 'greedy plaintiffs' and 'greedy trial lawyers'. Well, here is a terrific example of the other side of the story and why 'tort reform' should never happen nationally, should never happen in states where it is not currently the law, and should be abolished in those states where it has been passed.

Four young adults were killed in the subject accident and, apparently, a fine attorney named Bob Pottroff, who specializes in train accidents, proffered evidence that the defendant, Burlington Northern Santa Fe, destroyed and withheld evidence that prevented the victims' families from recovering punitive damages from the jury. The original $21.6 million verdict was one of the largest wrongful death verdicts in Minnesota history, but, not enough, says Pottroff. Armed with evidence of the defendant's misconduct, he is asking for $45 million more and further, he has asked Washington County Judge Ellen Maas (who presided at the trial) to delay any appeal of the verdict until sanctions are awarded and paid. Attorneys for the railroad argue that the request is unconstitutional because it is, simply, a request for a substitute punitive damages award, which must be awarded by the trier of fact (in this case, the jury). The obvious problem with that request, in my humble opinion, is that it is the defendant's own misconduct that prevented the jury from getting its chance to rule on the issue.

The judge has 90 days to rule on sanctions. Pottroff accuses Burlington Northern of an "intentional, systematic pattern" of perjury, concealment, misrepresentation, and evidence tampering throughout the trial. This includes, for example, destroying evidence that the 8 foot stretch of track where the accident occurred was replaced the day before the accident. Defense attorneys also tried to blame a "rogue", "problem" employee-signal technician for the accident. Judge Maas scolded the defense reminding the courtroom that Burlington hired him and that he was no rogue.

Attorneys for the families also contend that evidence tampering prevented them from showing that the crossing gates were not working properly when the accident occurred. The railroad, of course, argued that the car drove around properly functioning gates. All four victims were 20 years of age or under; the driver, Brian Frazier, was 20 years old. The jury found that Burlington Northern was 90 % responsible for the accident and Frazier was 10% responsible. No money has been paid to anyone, six years after the accident. The families are hopeful that the judge's ruling will send a message to Burlington Northern and any other corporation that might attempt to manipulate the judicial system. "You can't play with families that way", said Denise Shannon, whose daughter was killed in the accident.

Yes, you can, Denise; stalling and stonewalling are very effective tools in the defense attorney's arsenal. These have been the tactics and strategies of defendants for as long as I have been an attorney. Now, I am not suggesting that all defendants go the extent of violating the law or the rules of professional conduct similar to what seems to have happened in this case, but the American Association of Justice's slogan that big business defendants "Delay, Deny, Confuse, Refuse" is an accurate statement of what plaintiffs with significant damages can expect when they pursue litigation. In my experience, all defendants stretch ("stretch, not "cross") ethical boundaries to prevent large outcomes and to create a financially desperate plaintiff.

"Where's the justice?" asked Cristy Frazier, Brian's mother. Where indeed.

The legal finance industry of which Lawsuit Financial is a part, was born out of frustration with conduct like just like this. The longer a case takes to resolve, the more desperate a disabled plaintiff becomes. Legal funding from a reputable lawsuit finance company, like Lawsuit Financial Corporation, will temporarily remove financial desperation, even the odds, and allow the plaintiff time to obtain and injury appropriate settlement. Whether you have lost a loved one or been injured in a train accident and need funding now, or need lawsuit funding for any other type of personal injury case call us, toll free, at 1-877-377-SUIT, or, visit www.lawsuitfinancial.com.

"Where's the justice", Cristy? It starts with a great, persistent, lawyer (you have one in Mr. Pottroff), continues with a fair judge and a responsible jury, and, if litigants need a little financial help along the way, Lawsuit Financial will try to leverage its money to buy time to get the justice they deserve. My condolences to all of those effected by this tragedy; may you continue to seek justice and may your efforts be rewarded, soon.


April 20, 2009

Bus Accident Results in $27.5 Million Award for Amputated Leg

A Manhattan jury has awarded a New York woman $27.5 Million for leg injuries, resulting in amputation, caused when her leg was run over by a New York City Transit bus. The 45 year old woman has worn a prosthesis since the accident. The lawyer, whose terrific work got her this enormous verdict, is Ben Rubinowitz. Mr. Rubinowitz said that his client now feels "vindicated". “The transit authority went after her, calling her a liar. The problem that she has, it’s a lifelong injury, and whenever she looks down, she’ll have a constant reminder.”

So true. This is often the method used by insurance companies and corporate America after an accident caused by their negligence. "Blame the victim" is the name of the game. Another method or strategy often employed when a huge verdict is announced is to ask the judge to reduce it on the basis that it is excessive. In this case, the judge, rightfully in my opinion, disagreed. The Metropolitan Transit Authority will appeal the verdict. Wallace Gossett, an attorney for for the Authority, who did not try the case, said “This is just a jury verdict... the appellate courts won’t sustain a verdict of this magnitude.” Hmm....we'll see.

Bus Accidents are nothing new for New York City Transit. In recent months, juries have awarded three other plaintiffs a total of $11 million for their injuries; the agency is appealing all of them. In this era of corporate greed and corporate failure to accept responsibility for negligence and intentional conduct, it is not surprising that the Authority would appeal. Hopefully, sensible appellate judges will tell the authority what it needs to hear: Offer comprehensive training to your drivers; enroll them in pedestrian awareness education programs. Terminate repeat offenders. Constantly check driving records. Offer fair compensation to the victims; in my experience, the reason a case goes to trial is because a reasonable offer to avoid trial has not been made by the defense. Historically, it is the defense that chooses trial, not the plaintiff. The Metropolitan Transit Authority needs to re-think its policy toward settlement in these cases.

Bus Accident or Auto Accident cases are excellent candidates for lawsuit funding. If you or someone you love has been seriously injured in a bus accident, auto accident, or any other type of injury accident, you may be experiencing financial difficulties as the result of your injuries or disabilities. House payments, rent payments, car payments, medical bills, food, temporary shelter, household assistance are all available by obtaining legal finance from Lawsuit Financial. Call us, toll free, at 877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com.

March 5, 2009

U. S. Supreme Court Drug Immunity Decision Supports Justice for the Injured; Michigan Justice Still Denied

The United States Supreme Court decided the highly anticipated Wyeth v. Levine case, yesterday. In its 6 to 3 decision, the court said said Congress could have required pre-emption in the case but did not. Instead, said Justice John Paul Stevens, writing for the majority, “it determined that widely available state rights of action provided appropriate relief for injured consumers.” Justice Stevens distinguished this case from the recently decided Riegel case where Congress had adopted an express pre-emption provision for medical devices. Justice Stevens wrote, that the drug agency had, in the past, welcomed state injury lawsuits to complement federal regulation. But in “a dramatic change in position” in 2006 [engineered by the Bush administration], the agency reversed that long held position despite its “limited resources to monitor the 11,000 drugs on the market.”

Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer joined in Justice Stevens majority opinion. Conservative Justice Clarence Thomas voted with the majority but wrote a separate opinion, stating his objection to “far-reaching implied pre-emption doctrines” tending to “wander far from the statutory text.”

This is a wonderful pro-justice decision; a ruling for the drug industry would have meant almost total immunity to the drug industry for an FDA approved drug, whether it maims (as Phenergan did to Diana Levine) or kills, as Vioxx and Fen Phen have done to hundreds.

As reported previously, at this location, my state, Michigan, has such a legal standard: Michigan law, passed in 1996, during the very conservative, anti-justice Engler administration, provides total immunity to the drug industry for FDA approved drugs. This law has been a disaster for Michigan citizens, maimed and/or killed by dangerous FDA approved drugs, with no chance to hold the manufacturer liable for damages. The lack of compensation in these cases leaves Michigan taxpayers to pay the bill for victims' treatment or death instead of the billion dollar companies that caused these injuries and/or death.

Dr. Henry Greenspan, who teaches about the FDA, ethics and policy at the University of Michigan, Ann Arbor, wrote a terrific op-ed piece in the March 4, 2009 edition of the Detroit Free Press, calling Michigan's drug law "meritless". He views the Opinion of the Court as asserting "that Congress never intended FDA regulation to trump state law, and neither did the FDA itself". Dr. Greenspan believes that Michigan’s drug industry immunity law "cedes to FDA a power that the full spectrum of the justices — from liberals like Ruth Bader Ginsburg to conservatives like Clarence Thomas — rejected as “meritless,” “untenable” and “without reasoned explanation.”"


The Wyeth decision will not remedy Michigan law. Only Michigan's own courts or its legislature can do that. According to Greenspan's article, the Michigan House of Representatives voted, in 2007, 70-39, to rescind the law, but the state Senate killed it in follow-up committee.

My advice? If you are a Michigan citizen, contact your state Senator and/or State Representative and tell them that it is time that Michigan joined the other 49 states in the union and protected its citizens from these dangerous drugs and from the people who make them. Tell them that the ability to hold drug makers accountable for bad drugs not only supports simple justice, but is a significant deterrent to the creation of unsafe products like Phenergan. There are current bills under consideration in the Michigan House to rescind these laws. Make your state Senator or Representative tell you where they stand on this important legislation. If they are against it, make them explain, as Dr. Greenspan puts it, "why it is reasonable to continue to strip Michiganders of rights that are held by citizens in every other state" and why "they know better than two-thirds of the Supreme Court". Yes, March 4, 2009 was a good day for justice in 49 of our United States; justice continues to be denied in Michigan.Thousands of lives have been harmed; take action before this cruel legislation harms thousands more. Let them know that they will be held accountable in the next election.

Lawsuit Financial is a nationwide lawsuit funding company that provides litigation plaintiffs with interim lawsuit financing while they wait for their litigation to resolve. This important lawsuit financial service is available for many drug liability cases and for auto accidents and/or any other type of personal injury case. Please visit our website at www.lawsuitfinancial.com our call us, toll free, at 1-877-377-SUIT(7848).

February 12, 2009

Mom Liable for Auto Accident Injuries Following Daughters' Underage Drinking Party at Family Home

Does a mother have "a duty to supervise the activities occurring in her home" if her daughters, aged 16 and 17 are partying there? A Lake County, Illinois Circuit Court Judge decided that she does. Judge Christopher Starck ruled that Lauralee Pfeifer was responsible for George Baldwin, being paralyzed from the chest down in a car accident following a night of drinking Nov. 19, 2006. Baldwin was only 19 years old at the time of the incident.

Baldwin's attorney, Patrick Salvi, said that "the growing trend in society is to hold parents accountable when serious injury or death results from otherwise preventable underage drinking." Obviously, one way to do that is to find them liable for two and a half million dollars in damages. Salvi should be congratulated for the nice job he did for his unfortunate client.

According to the article, Pfeifer's daughters invited teenage friends over for a party and the teenagers began drinking. Salvi stated that the mother had numerous opportunities to monitor and stop the drinking, but did absolutely nothing. Baldwin received a ride from another teen, who also was drinking that night, and the teen crashed his car into a utility box. The driver was cited for a DUI; no criminal charges were levied against Pfeifer.

The $2.5 million settlement will likely be paid in full because, according to Salvi, that amount represents the entire amount of the Pfeifer homeowner's insurance policy. This is a significant amount of money, but it certainly does not replace the use of all of Mr. Baldwin's lower bodily functions. An additional trial is scheduled for March 2, 2009 against the then teenage driver. Hopefully, we can report a substantial additional award at this location.

According to a recent FindLaw survey, 28 percent of people between the ages of 18 and 24 encountered underage party drinking in the last year. All states and the District of Columbia have laws prohibiting serving alcohol to minors. However, many states have exceptions that allow parents to provide alcohol to their minor children or wards. Under social host liability laws, adults who provide alcohol to anyone under the age of 21 may be held criminally liable for the minor's injury or death or a death that the intoxicated minor causes. In addition, many states and municipalities have teen party ordinances that make it illegal to host a party where underage youth are drinking. To be liable under these standards, adults can be arrested for simply hosting a party where underage drinking occurs with their knowledge.

Individual state ‘dram shop laws’ also hold commercial hosts responsible for property damage, injuries or death resulting from alcohol being served to people who are clearly intoxicated. Typically, this type of liquor liability statute applies to restaurants and taverns.

If you or someone you love have been seriously injured in an automobile accident caused by a drunk driver or any negligent driver, Lawsuit Financial would like to provide assistance. If you have retained a lawyer and filed an auto accident lawsuit, we can get you a lawsuit cash advance against your pending personal injury lawsuit. Lawsuit Financial provides lawsuit funding, not only for Auto Accident cases, but for Slip and Fall/Premises Liability cases, Dog Bite cases, Medical Malpractice cases, Employment Discrimination Cases, Construction Accident Cases, Airplane Crash Cases, Maritime/Jones Act cases from injuries at sea, and many other personal injury cases. If you think you have a case, but don't yet have an attorney, call us for an attorney referral, nationwide. The call to 1-877-377-SUIT (7848) is free. The advice could be priceless. Visit us on the worldwide web at www.lawsuitfinancial.com.

February 6, 2009

$1.4 Million in Attorney Fees Awarded in Taser Case

My readers may recall two previous posts relating to use of Tasers (stun guns) to abuse our citizens. On May 29, 2008, I reported on the filing of a $20 million lawsuit against the City of San Jose, CA. On June 9, 2008, I reported on a $6 million jury verdict, also in San Jose, against Taser manufacturer, Taser International, for the family of Robert Heston, a Salinas man who died after being tasered 30 times by police. A federal judge in the Heston case has now ordered Taser International to pay Heston's attorneys $1.4 million in attorney fees. It is difficult to tell whether the $6 million award has been paid or appealed, but it is obvious that this $1.4 million is an additional award, over and above the original verdict; this makes the total award $7.4 million. Congratulations to the Heston family and their attorneys on their hard fought victory.

According to the article, the case in question is a Products Liability case involving the manufacturer's (in this case, Taser International) failure to warn police that repeated use of a Taser could result in serious injury or death. Simple and appropriate safety measures and/or simple instructions would prevent many injuries caused by products that can, otherwise, be used safely. A product does not have to be 'defective' to be misused, and a company that issues appropriate warnings about potential misuse may not be liable if those warnings are deemed sufficient to put a reasonable user of the product on notice. In this case, either warnings were not given or they were not sufficient. That creates liability, and Mr. Heston paid the ultimate price. Hopefully, this significant award will result in appropriate manufacturer warnings and provide a measure of closure for the Heston family.

Lawsuit Financial is a national litigation funding company specializing in providing litigation cash advances to plaintiffs involved in pending litigation. Call us today, toll free, at 1-877-377-SUIT (7848) for a free analysis of your injury case financing situation. We can provide lawsuit financing for any type of personal injury case, from Product Liability Legal Funding to Auto Accident Legal Funding, to Medical Malpractice Legal Funding and beyond. Visit us on the web at www.lawsuitfinancial.com. The call to 1-877-377-SUIT (7848) is free; the advice could be priceless.

October 23, 2008

Wrongful Arrest, Wrongful Prosecution, Wrongful Imprisonment-Lawsuit Funding May Assist

The police show up at your door. You ask "may I help you?" or "what's this all about?" They announce that they have a warrant for your arrest for committing a crime. You must be the criminal, right? Wrong! Innocent people are often arrested, tried, and even convicted of crimes that they did not convict. Barry Scheck of O.J. Simpson fame even started a non-profit called the "Innocence Project" which uses DNA to establish the innocence of those wrongfully accused and convicted. Several citizens who have served long prison sentences have been released as a result of his project's work.

This all too familiar scenario is on display in Fort Collins, Colorado, where Tim Masters was cleared, by advanced DNA evidence, of a murder after spending 10 years in prison and 20 years as a suspect.

Fortunately, the law recognizes the right to sue authorities for their abuse of power and negligence in wrongfully arresting and wrongfully imprisoning someone. The devastation of 20 years of suspicion and 10 years of incarceration for a crime that you did not commit is unimaginable. Lawsuit Financial is happy to report that the company provides necessities of life funding for victims of false arrest, wrongful prosecution, and/or false imprisonment. All that is required is a lawsuit and a good lawyer, which Tim Masters has, obviously, found in David Lane, of Denver, CO.

Lawsuit Financial provides legal funding for personal injury victims. Visit us on the web at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848) for a free analysis of your lawsuit funding situation. Our friendly staff of lawyers and paraprofessionals are standing by to assist you.

August 5, 2008

$735,000 Verdict Awarded in Religious Discrimination Case-Law Suit Finance Candidate?

A federal jury has awarded $735,000 to a former Queens-Midtown Tunnel employee who alleged that his superiors denied him a promotion, then penalized him for taking sick days because he was Jewish.

The United States District Court jury, in Manhattan, decided that Gregory Fishman, should get $235,000 for emotional pain and $500,000 in punitive damages. Mr. Fishman, 45, is also seeking more than $1 million in lost pay, but whether he receives additional wage loss will be decided by Federal Judge Lawrence M. McKenna. It is unknown whether an appeal is planned.

In his 2006 complaint, Fishman argued that after meeting with Midtown Tunnel officials to discuss his attendance record, he overheard one of them use an expletive before calling him a Jew, an allegation denied by the accused official. That allegation, obviously believed by the jury, was the underlying basis for plaintiff's claim of religious discrimination.

Fishman's attorney, Thomas Ricotta, said that “Actions were taken against my client that were taken differently for other people who weren’t Jewish.”

One month following the previously discussed meeting, Fishman took an exam for a promotion and earned the third highest score. He was passed over for a promotion, while people who had scored much lower on the test (#38, for instance) received the promotion, the complaint said. According to the complaint, the only two who did not receive one were Fishman and another Jewish man.

Previously, in March of 2005, after Fishman filed an EEOC (Equal Employment Opportunity Commission) complaint, he was demoted and his salary was decreased by $8,000 a year, the complaint alleged. He finally left the job because of the harassment. “He lost a 15-year career with the M.T.A.,” Mr. Ricotta said. “It’s a shame.”

The case is not necessarily over, but, the allegations, if true, are a startling reminder that religious discrimination and blatant anti-semitism still exist in the workplace.

I asked Michigan Employment Discrimination Attorney Joey Niskar (a fellow Michigan Association of Justice Member), a fine attorney who specializes in pursuing and achieving justice for people like Mr. Fishman, about the burden of proof in these cases. According to Joey, there are two methods by which a claim for religious discrimination can be proven: By a showing of intentional discrimination (in other words, termination based, even in part, upon a person’s religion), or by showing circumstantial evidence of discrimination through a failure to accommodate an employee’s religious beliefs or practices. This can include an employer’s refusal to honor an employee’s religious Sabbath or religious holidays, and the wearing of religious clothing or articles. It is obvious that the allegations contained in the Fishman case fit this criteria quite well.

Attorney Joey Niskar further opined:

"In the context of an employer’s failure to accommodate a religion practice, the employee must be able to show that (1) he/she holds a sincere religious belief that conflicts with an employment requirement; (2) he/she has informed her employer of the conflict; and (3) he/she was discharged or disciplined for failing to comply with the conflicting requirement. Once the employee puts forth evidence of these three requirements, the burden of proof then shifts to the employer to prove that it made an offer of reasonable accommodation, or prove that any reasonable accommodation would cause it “undue hardship.” Undue hardship is not proven by the mere raising of hypothetical difficulties. The employer must actually demonstrate how the requested accommodation would cause an undue hardship to the employer."

While it is unclear from the article reporting the outcome of the case whether a failure to accommodate religious practices occurred in the Fishman case, it is quite clear, if the allegations contained in the complaint are true (and the jury believed them), that a case for religious discrimination, using the standards set forth by Mr. Niskar, was made in the Fishman case.

Lawsuit Financial did not participate in the Fishman case, but the law suit finance company provides interim legal funding for victims of all types of employment discrimination and wrongful termination. Since these cases always involve job or income loss, financial stress can often force the plaintiff to settle too early and too cheap. Lawsuit financing is provided to prevent that from happening. Lawsuit funding is provided completely contingent on the outcome of the case; the money is free is the case resolves without payment to the plaintiff. Lawsuit Financial also provides litigation funding for Auto Accident victims and all other personal injury victims with pending lawsuits. Call us, toll free, at 1-877-377-SUIT (7848), and talk to an experienced legal finance representative for free. Or, visit us on the web at www.lawsuitfinancial.com. We want to be your law suit funding company and we will do everything in our power to earn your business.


July 22, 2008

Ed McMahon Lawsuits: Slip & Fall (Premises Liability) Injuries Can Be Serious-Lawsuit Financing can Assist

Former Johnny Carson announcer, Ed McMahon, of "Heeeeere's Johnny" fame, has been in the news quite a bit, lately. First, he called attention to the home foreclosure crisis in our country by announcing that his multi-million dollar mansion in California was being foreclosed upon. One reason why he has fallen upon hard times is that he was injured in a fall, broke his neck, and had to undergo multiple surgeries in an attempt to correct serious physical problems caused by the fall.

More recently, it was announced that Mr. McMahon is pursuing a medical malpractice and premises liability lawsuit against those he holds responsible for his condition. This Lawsuit Finance Blog has provided several posts on the issue of medical malpractice; today, I want to focus on the slip & fall or premises liability (as slips & falls or trips & falls are referred to in the legal profession) aspect of the case.

In Michigan, the headquarters of Lawsuit Financial Corporation and the State where my law practice has been for over 31 years, premises liability law has taken an ugly turn to the benefit of the premises owner or lease holder (insurance company's insured) and against the victim (the injured party). Michigan is an extreme example where pro-business and pro-insurance handpicked judges invent new laws or interpret old ones to the detriment of innocent victims of negligence, but this phenomenon is on the rise in other states, as well. Michigan is a "comparative negligence" State. This means that if both sides are negligent, the tryer of fact and/or law, must grant plaintiff an award (if appropriate under the circumstances), attach percentages to each party's fault and, an reduce the award by the at fault percentage attributable to the plaintiff. Sounds fair, right?

Over the last fifteen years or so, after the appointment of numerous pro-business judges, the standard of "open & obvious" has reared its ugly head, not as a comparative negligence standard (as it should be) but as an absolute defense to liability.. One 'theme" used by these pro-business jurists to deny plaintiffs' justice, is that a fall is unlikely to cause serious injury.

It is pure fiction that people do not sustain serious injuries from falls. Mr. McMahon's injuries are prime examples of the absurdity of this premise. The fact is that falls are the leading cause of injury deaths to our older population. Falls are also the leading cause of treated injuries in hospital emergency rooms. In 2004, for example, 14,900 people 65 and older died from injuries related to unintentional falls; about 1.8 million people 65 and older were treated in emergency departments for nonfatal injuries from falls, and more than 433,000 of these patients were hospitalized. These rates have risen, significantly, over the past decade.

A large percentage of fall victims suffer minor to severe injuries such as bruises, hip fractures or head trauma; such injuries can increase the risk of early death. Falls are also the most common cause of traumatic brain injuries. It is clear that serious injury and death frequently result from falls to the ground, regardless of cause or distance. You may remember that famous diet doctor, Robert Atkins, died as the result of a fall in 2003.

I am calling upon Michigan residents to take action against this injustice. Contact your state representatives and ask them to sponsor a bill to make premises liability law fair in Michigan. Every other area of the law is subject to the application of the comparative negligence standard except Premises Liability. Ask your State Representative to apply straight comparative negligence to Premises Liability litigation.

Lawsuit Financial Corporation is one of the country's leading law suit funding companies. We provide non-recourse cash advances in Premises Liability/Slip & Fall cases and all other Personal Injury cases. Call us, toll free, at 1-877-377-SUIT (7848) or visit us on the web at www.lawsuitfinancial.com.

July 21, 2008

Disability Insurance Run Around Results in $60 Million Verdict-Law Suit Funding Can Assist Victims

There was a very interesting jury verdict returned last week in a federal court in Las Vegas Nevada. The verdict was returned in an area of law that has not yet been discussed in Lawsuit Finance Blog. If you purchase a private disability insurance policy, or such a policy is provided as a benefit by your employer, you are entitled to valuable benefits if you become disabled from injury or illness. There are many qualifiying issues involved with cases like these, but the basic premise is that if you become disabled, and you have a disability policy, you get the benefits that your premiums paid for.

Back to the jury in Las Vegas. It returned unanimous verdicts last week against Paul Revere Life Insurance Company and UnumProvident Corporation (Unum Group) in the partial retrial of a lawsuit originally tried to verdict in 2004. In the 2004 trial, the jury awarded $1.6 Million in compensatory damages and $10 Million in punitive damages to G. Clinton Merrick in connection with the insurers' denial of his disability claim. The insurers appealed that award, and the US Court of Appeals reversed the punitive award and sent the case back to US District Court for retrial before a new jury.

The new jury ordered Paul Revere Life Insurance Co. to pay $24 Million and UnumProvident Corporation was ordered to pay $36 Million. The punitive award of $60 Million is six times the previous award that had been appealed by the insurers following the 2004 trial.

But here is the important aspect of this case that every disability policy holder should know about. A terrific trial lawyer by the name of Rick Friedman handled this case and alleged that the insurance companies' claims handling practices were improper. In other words, the companies created a dishonest claims evaluation system that virtually guaranteed claims denial in the vast majority of cases. According to Friedman, "the jury heard evidence of a fifteen year scheme to cheat disabled people. The money made off this scheme is in the hundreds of millions, if not billions of dollars. Jury after jury, and regulator after regulator has condemned their practices, but still they continue. The verdicts will keep coming until their practices change." There have been multiple government investigations of these practices as well as separate expose's by CBS' 60 Minutes and Dateline NBC. It is the dishonesty that resulted in the huge punitive (punishment to the insurance company) damage award in this case.

The bottom line here is that the policy holder should not take "no" for an answer from a disability insurance company without first seeking assistance from a competant trial lawyer like Rick Friedman. Insurance companies love taking your money in what they call "premiums"; they do not love paying out your money in what they call "benefits". Aside from blatant insurance company dishonesty, the other shame here is that these are 1st party insurance claims; they should not be adversarial.

By the way, Rick Friedman is the author of two best selling books about trials and trial techniques. The books, "Polarizing the Case" and "Rules of the Road" are available at Amazon.com.

As you can see, disability insurance lawsuits are hard faught and, potentially, very valuable claims. The two sides of the lawsuit are not equal. On the one side, you have a very powerful and rich insurance company. On the other, you have a disabled individual. Who do you think is better prepared to fight the case to the end? The goal of the powerful insurance company is to wait out the disabled individual until he runs out of money or the will to carry on. That is where lawsuit funding from Lawsuit Financial Corporation can assist. If you are having financial difficulties while fighting for your rights under a disability insurance policy, call us or visit our website and ask about interim legal funding. Providing lawsuit capital is not a "lawsuit loan", because the money is excused if you lose your case. Litigation finance principal and profit (if any) is paid only if the case resolves in your favor. Litigation financing is available to attorneys who need assistance in financing lawsuits; lawsuit capital is available to plaintiffs who need assistance with ordinary bills under extraordinary cicumstances like those that existed in Las Vegas. Lawsuit Financial Corporation is a leading provider of lawsuit financing. The company and its attorney/director, have more combined legal and litigation finance experience than anyone in the industry.

If you have an attorney and have filed a lawsuit as the result of the denial of diability benefits from a group or privately purchased policy, Lawsuit funding may be available to you. If you qualify, you don't have to wait to resolve your lawsuit to get the money you need; Lawsuit Financial will look at your case, work with your attorney, and provide the legal funding necessary to relieve the financial pressure to settle early and cheap. We also provide litigation funding for Auto Accident victims and all other personal injury victims with pending lawsuits. Call us, toll free, at 1-877-377-SUIT (7848), and talk to an experienced legal finance representative for free. Or, visit us on the web at www.lawsuitfinancial.com. We will do everything in our power to assist you.



July 18, 2008

Milwaukee Birth Trauma Case Nets $18 Million-Legal Funding Can Assist Families in Similar Litigation

A U. S District Court judge has approved an $18.2 million settlement for a Milwaukee family whose daughter was brain damaged from birthing complications at a community health center funded by the federal government.

The child was born at the clinic in 1998 and, apparently, was stuck in the birth canal for more than 20 minutes. As the result of a lack of oxygen, she sustained a severe brain injury and will, most likely, need lifetime assistance.

The child's attorney, Euel Kinsey, said that the "award would assist the family in putting the pieces of their life back together" and provide for "continuing care" for the child. The government denied negligence (but paid $18.2 million anyway, go figure).

The incident that resulted in this birth trauma, hospital negligence, litigation, occurred when a clinic physician advised the expectant mother to go to a Milwaukee hospital for drug treatments that would induce birth with shortened labor. She went to the hospital, where hospital nurses managed her drug treatment while maintaining phone contact with nurses from the clinic. The baby became stuck in the birth canal. It took nurses several minutes to dislodge her. As the result of oxygen deprivation, she developed severe cerebral palsy and seizure disorder.

This is a tragic set of circumstances. The settlement is substantial, but so is lifetime care for a severely brain damaged child. Euel Kinsey is a well know Michigan attorney who specializes in these types of cases and I compliment him for the superlative job he did for his clients and for his long term contribution to justice for all victims of negligence.

Birth trauma is expensive and time consuming litigation. Law suit funding is available to families and attorneys who have experienced this type of tragedy. Litigation financing is available to attorneys who need assistance in financing lawsuits; lawsuit capital is available to plaintiffs who need assistance with ordinary bills under extraordinary cicumstances like those that existed in Milwaukee. Litigation funding is contingent upon recovery and a lawsuit advance is excused if the case is unsuccessful. Thus, these are not lawsuit loans; they are better described as non-recourse, contingent upon recovery, legal funding.
Lawsuit Financial Corporation is a leading provider of lawsuit financing. The company and its attorney/director, have more combined legal and litigation finance experience than anyone in the industry. Lawsuit Financial is a risk-taking company. We provide lawsuit capital advances in Birth Trauma, Medical Malpractice cases and we have unique trial lawyer expertise in evaluating and funding such cases. We also provide funding for Auto Accident Cases, Premises Liability Cases, Dog Bite Cases, Airplane Crash Cases and many other personal injury cases. Please call us toll free, at 1-877-377-SUIT (7848) for a free analysis of your personal injury case funding situation. Or, visit us on the web at www.lawsuitfinancial.com.


July 17, 2008

Oxycontin Maker Pleads Guilty-Must Pay $600 Million-Litigation Funding Can Assist Drug Liability Victims

Lawsuit Finance Blog is back after a two week vacation. The lawsuit funding news item of the day has to be the guilty plea entered by the makers of controversial pain medication, Oxycontin, and the fact that they have been ordered to fork over $600 million in fines and other fees.

The company and three current and former executives entered the guilty plea, today, in a Virginia federal court. In their plea, they admit to misleading regulators, doctors and patients about the drug’s risk of addiction and its potential to be abused. The huge criminal and civil fine assessed to the company was related to the drug’s “misbranding,” an activity that also resulted in the guilty pleas of three executives and personal fines of $34.5 million

OxyContin has been marketed as a powerful drug that provides serious pain relief for up to 12 hours. Initially, Purdue Pharma had contended that OxyContin, because of its time-release formulation, posed a lower threat of abuse and addiction to patients than alternative, shorter-acting painkillers. A marketing campaign based upon this contention resulted in annual sales of $1 billion. The drug was heavily and misleadingly to doctors as an appropriate, time release, pain reliever.

Instead, drug abusers soon learned that crushing or chewing a tablet or snorting or injecting it produced a heroin-like high. This resulted in significant addiction rates and increases in drug-related crime.

While this was a criminal, not a civil matter, it is typical of the profits over people mentality of the drug industry. In Michigan, the world headquarters of Lawsuit Financial Corporation, the fact that the drug was FDA approved prevents Michigan residents from pursuing litigation against the drug manufacturer. This is a law that the Michigan legislature must change along with other legal standards that have prevented Michigan residents from receiving justice in Michigan. If you are a Michigan resident, write your state senator and/or state representative and tell them that you want laws that prevent citizen access to our courts abolished.

Lawsuit Financial and its' attorney/director are at the forefront of this fight in Michigan and we are against tort recovery restrictions anywhere in the U.S.. Contact your state or local trial lawyer association (in Michigan, it is the Michigan Association for Justice) or contact the national association, the American Association for Justice.

Lawsuit Financial Corporation provides lawsuit funding for litigants while they wait for their cases to resolve. As indicated above, the law suit funding company is also involved with state and national justice organizations to promote justice for accident victims. For more information or a free analysis of your legal funding situation, call 1-877-377-SUIT (7848) or visit our website at www.lawsuitfinancial.com


June 26, 2008

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

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

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

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

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

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

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

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

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

June 10, 2008

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

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

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

Lawsuit Financial is a leading provider of legal finance services in Police Misconduct and Product Liability litigation and, in addition, provides lawsuit financing for Auto Accident cases, Premises Liability cases, Medical Malpractice cases and many other types of personal injury litigation. Contact us on the web at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848). The call and the advice are absolutely free. We specialize in assisting "David" in beating "Goliath".

June 9, 2008

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

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

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

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

Lawsuit Financial is a leading provider of legal finance services in Police Misconduct and Product Liability litigation and, in addition, provides lawsuit financing for Auto Accident cases, Premises Liability cases, Medical Malpractice cases and many other types of personal injury litigation. Contact us on the web at www.lawsuitfinancial.com or call us, toll free, at 1-877-377-SUIT (7848). The call and the advice are absolutely free.

May 31, 2008

Medical Malpractice-$5 Mil Awarded in Medical Center Drowning-Lawsuit Funding Candidate?

The family of a new mother, who drowned in a Georgia hospital bathtub in 2000, has been awarded $5 Million by a Gwinnet County jury. Wendy Wyckstandt was 34 years old, suffering from postpartum high blood pressure, and too weak to shower without nurse assistance. She was left alone in the shower, apparently collapsed, and was found later by her mother. She died the next day. A wrongful death lawsuit was filed two years later

The family's attorney, Jeff Harris, indicated that the hospital altered medical records, hid evidence, and used delay tactics to extend final resolution of the litigation to eight long years after the incident. I am certain that the award is sweet justice for this unfortunate woman's family. "The hospital is still trying to dodge responsibility", said Harris. A hospital spokeswoman said that nurses did properly check on their patient and no one tampered with evidence. She indicated that the hospital plans an appeal.

This case is illustrative of the tactics that a corporate entity will resort to to cover up its negligence and delay justice. Mr. Harris did a fine job of uncovering apparent evidence tampering, especially pursuing surveillance tapes (which contained a mysterious "gap") which assisted in persuading the jury that the hospital was guilty of negligence and tampering. It has, obviously, been a long, hard battle for him and it is not over yet. I wish he and the Wyckstandt family good luck in their pursuit of justice.

This case demonstrates the truth of some of the advice we have provided in prior lawsuit finance blog posts. This case has been pending for eight years and counting. Medical Malpractice Cases, Hospital Neglect Cases, and Nursing Home Neglect Cases are hard fought, difficult cases that can take years to resolve. If victims require lawsuit funding, these cases qualify, and the time and effort needed to successfully pursue these cases make them good candidates for legal finance services. It is important to remember that Lawsuit Financial Corporation is one of the few legal funding companies that provides capped rates. Attorneys and victims who utilize lawsuit financing services need to consider this important factor when seeking funding on a piece of litigation that could take 8 years or more, like this one has. Endless monthly lawsuit funding increases, over such a long period of time, could make a case like this hard, if not impossible, to resolve. A company that caps rates (or compromises them when necessary) is the best solution for long-term litigation situations.

Lawsuit Financial provides capped lawsuit financing for Medical Malpractice Cases, Nursing Home Neglect Cases and many other types of personal injury litigation. Call us, toll free, at 1-877-377-SUIT (7848) to discuss your case funding situation or contact us on the web at www.lawsuitfinancial.com. The call and the advice are absolutely free.