November 26, 2013

Second Wrongful Death Lawsuit Filed in 2011 Key West World Championship

Another wrongful death lawsuit has been filed against Super Boat International (SBI) Productions Inc. and its president, John Carbonell, along with four other race officials.

Three racers died in the 2011 Key West World Championship. A wrongful death lawsuit filed last year is still pending. The latest lawsuit was filed by the family of the two men who died when their 46-foot catamaran did a reverse flip and crashed inside Key West Harbor. According to the lawsuit, the defendants' rescue effort was improperly equipped, poorly coordinated, and took too long to pull one victim from the overturned catamaran, resulting in his drowning. The suit also alleges that race officials the catamaran did not meet industry safety standards for its canopy and cockpit system.

Although race officials are denying all charges, the deaths prompted additional safety measures, including requiring canopy boat-equipped race teams to develop and share exit strategies with race officials. The 2012 Key West World Championship ended without any major injuries.

The first wrongful death lawsuit was filed nearly two years ago and is still pending. How many more years will it be before a settlement is reached? How many years will this current wrongful death case take to reach a verdict or settlement? During this time, the families may be struggling financially. How long can they hang on?

If the family members are suffering financially, they may be eligible for pre-settlement funding - a cash advance against the pending claim. Pre-settlement funding is a means to avoid an overwhelming amount of debt and see the case through to a final result, and Lawsuit Financial is here to help. We can put cash in your hands in as little as 24 to 48 hours! A lawsuit cash advance is not a loan; there are no credit checks, no employment requirements, no monthly payments and no upfront fees. Best of all, pre-settlement funding is 100% risk-free to plaintiffs! Repayment of the cash advance is only made once the plaintiff successfully settles; if the plaintiff loses the case, there is no obligation for repayment. If you are you currently searching for boat accident pre-settlement funding, begin by applying with Lawsuit Financial online or by phone.

March 19, 2013

Steps to Take When Filing Sexual Harassment Litigation

If you look at the NYC headlines for cases in which lawyers open up litigation against other lawyers, or at least where a suit happens between employees and/or partners of the same law firm, it becomes increasingly apparent that many of these are sexual harassment cases. Most recently Juan E. Monteverde, a partner at Faruqi & Faruqi LLP, came under fire for repeatedly sexually harassing a “summer associate” who worked at the same firm (you can read more about it here). It’s an unfortunate reminder that even those most well-versed in law are capable of abusing it, as well as that sexual harassment in the workplace is still a major problem in this country. Whether it occurs while working at a law firm or in any other workplace setting, there are certain things to remember about suing for sexual harassment.

Steps You Need to Take

Make it clear that the sexual behavior is unwelcome
Sexual harassment will only be considered such if the sexual behavior is “unwelcome”. If you have clearly and firmly refused all advances, communicated that the behavior is offensive and unwelcome, and taken all steps to establish without confusion to the offender that his/her behavior must end promptly, the defendant will not be able to claim any lack of judgment in court.

Record everything in writing
When making clear that an offender’s behavior is unwelcome, you should write them a letter and keep a copy. If the harassment continues, write down every incident that transpires, and also have your co-workers write down what they see and hear as well. These records will probably be read by others if taken to court. Do not keep these records on work premises or anywhere that they can be tampered with or stolen.

Report the harassment (also in writing)
If you fail to report the harassment to your employer, they may not be legally responsible for the actions of the employee harassing you, even if that employee is a supervisor OR the owner him/herself. Remember that retaliation is against the law.

Keep records of all communication
Just as you have been keeping everything else in writing, so should you keep records of communication as well. All of these records may be used as evidence.

Look into work grievance procedures

Employers generally will have a grievance procedure to deal with sexual harassment cases within the company. Follow these procedures before seeking any legal restitution.

File a complaint with the EEOC

If you are going to file a lawsuit, don’t forget to file a formal sexual harassment complaint with the federal Equal Employment Opportunity Commission, as well as your state’s fair employment agency. Don’t forget to do this and don’t miss your dealing for filing, which is usually about 180 days after the act of sexual harassment.

Sexual Harassment and Retaliation are Against Federal Law

Remember that sexual harassment is against federal law under Title VII of the 1964 Civil Rights Act. This act makes employers responsible for preventing and halting sexual harassment of employees. Also remember that retaliation is against the law, so if you are fired, demoted, or otherwise treated differently for complaining or participating as a witness in a sexual harassment trial, you have the right to try that employer in court.

The point here is that everybody is protected equally against sexual harassment in the U.S. by federal law—even if the provocateur of said harassment has made their profession practicing that law. Justice does not discriminate.

About the Author:
Noah Kovacs has over ten years’ experience in the legal field. He has since retired early and enjoys blogging about small business law, civil litigation, and everything in between. He recently purchased his first cabin and spends his free time remodeling. Twitter: @NoahKovacs

Disclaimer: The opinions expressed by this guest blogger are his alone and do not reflect the opinions of Lawsuit Financial or any employee thereof. Lawsuit Financial is not responsible for the accuracy of any of the information contained within the guest blog. The inclusion of a link or reference does not imply the endorsement of the linked site by the Lawsuit Financial.

December 4, 2012

How Lawsuit Funding Saved My Home, My Credit, and My Case

I am well on my way to recovery and my lawsuit has finally settled. This would not have been possible without the help of Lawsuit Financial so I asked if I could share my story on their website.

An auto accident turned my life upside down. I was hit broadsided by a drunk driver on my way home from dinner with a friend. The impact sent my car careening down an embankment. Luckily a rescue team was quick to arrive. I suffered several broken bones, fractures, and will forever walk with a limp.

Although I filed a lawsuit to recover damages, it took two years to resolve. I had thousands of dollars in medical bills, lost my job, and almost lost my home. The financial pressures left me feeling like there were few options but to accept an early settlement in my case which was far less than my attorney told me it was worth. That is when she mentioned lawsuit funding.

This term was new to me, but I had never been in a lawsuit before. I called three funding companies before settling on the one that I felt was the most honest, knowledgeable, and who suggested that I only take the money I needed to pay critical bills rather than a lump sum that I may not need before my case settled.

For anyone that is not familiar with lawsuit funding, it is a like a “lawsuit loan” but with all the benefits in your favor because unlike a bank loan, there are no application fees, no monthly payments, and the funding company does not care if you are employed or have bad credit. Best of all, if you lose your case, you owe them nothing! The only time the money is repaid is when you win your case and then it is paid from the proceeds of your case. In my case, the insurance company offered me $250,000 to settle. With the help of Lawsuit Financial, I rejected the insurance company offer and accepted three different cash advances for a total of $7,500. My case settled for $1.5 million.

If you are in the midst of a personal injury lawsuit and struggling financially, there is another option than to accept an unfair offer from the insurance company. Although you may feel cautious about applying for lawsuit funding, concerned that it will only set you up for additional financial strain down the road, I suggest you contact Lawsuit Financial. They may be able to provide the funds necessary for you to stand your ground and hold the liable parties responsible.

As with any major financial decision, it’s important to get all the facts. Lawsuit Financial will answer all your questions openly and honestly with no obligations to use their services. Call them today!

Thank you Lawsuit Financial for saving my home, my credit, and my case.
Yvette Jones

September 4, 2012

The Financial Implications of Personal Injury

Personal injury in the United States has significant financial implications for individuals who may be subject to extended periods of time off work, rising medical bills, and the challenge of accommodating a family during tough times. While the burden of the compensation costs the U.S. billions of dollars a year, only one in seven victims are compensated for their medical expenses.

The latest judicial review from the UK Civil Justice department says that aggressive press advertising combined with a tenacious, public approach to injuries is fueling a “culture of claim”; the potential client is provided with the peace of mind of ‘No Win No Fee’ offers from attorneys. David Cameron recently introduced opposition measures to what he called “injury scandals”. He denounces the large amounts of whiplash claims, annually, and proposes legislation that would outlaw claims occurring in crashes at speeds of 10 mph or less. He argues that decreased insurance premiums would result from such legislation. Apparently this “penalize the victim to protect insurance company pocketbooks” mentality has traveled to the UK from the United States, where right wing attacks on civil justice victims have been going on for years.

Although 80% of the personal injury market in the UK is created from whiplash, the remaining 20% are often from complicated accidents that individuals often shy away from due to frightening costs and the fear of an unsuccessful case. Individuals should not be afraid to take personal injury cases to the courts when the financial impact on your work and home life can take a significant time to rebuild. The US system is friendlier then the UK as the losing defendant has to pay your costs as well as the compensation, but in contrast to the cost of healthcare the UK system will probably treat you with a friendly financial hand to engage with solicitor fees.

Many people have yet to realize the majority of personal injury cases fail to reach a courtroom as they are successfully settled by an offer from the defendant in satisfaction of your claim. This prevents the defendant from paying a higher court fee if they lose, and saves the prosecution time and a quick settlement. If you are successful in reaching an out of court agreement, your attorney may have negotiated the cost of your legal expenses, therefore providing you an additional savings for your time.

When first consulting with your attorney, the claims process should be understood clearly and concisely; potential roadblocks should be addressed from attorneys accustomed to engaging all party’s with financial problems. It is also important that potential clients feel comfortable and relaxed, so they are able to trust the legal process to work for them, including, but not limited to, a plan for all of the financial implications of personal injury litigation.

Author Bio – James Barnett is an author on behalf of Pannone, documenting medical research into finance and law.

July 31, 2012

Different Types of Personal Injury Lawyers

A personal injury lawyer offers legal representation, particular to those who claim to have been injured either physically or psychologically, as result of negligence of another individual. Therefore, in order to claim compensation from the wrongdoers you can hire services of a personal injury lawyer. These lawyers have deft knowledge, as well as experience in the area of legal matters known as tort law.

The vital professional responsibility of a personal injury lawyer is to help plaintiffs seek justice and compensation for damages, reputation, or rights. Once compensation is received, the money can be used towards your debt relief program. This can help to eliminate debt that you incurred from the accident.

Know about the essential information on the types of personal injury lawyers:

There are different types of personal injury lawyers who can help you deal with your unique situation. Each lawyer specializes in a particular form of injury claims, and you should find a specialized lawyer according to your injury claim. Therefore, knowing about different types of personal injury lawyers can help you choose the right attorney who has the potential, knowledge, and expertise to win your case. A lawyer who specializes in cases like yours are able to help you receive fair compensation for your injuries.

A few personal injury lawyers are specialized in medical malpractice claims. You can consult these lawyers if you have experienced a physical or physiological injury due to the mistakes of a medical professional. There are other lawyers who specializes in different types of injuries such as spinal cord injuries, head injuries, burn injuries, construction accidents, or auto accidents.

It is important to remember that a lawyer specializing in one field of personal injury law usually avoids representing a client in another area. Therefore, a lawyer who specializes in workers compensation case may not file a medical malpractice claim for the client.

A personal injury lawyer can represent the plaintiff, as well as receive compensation for his/her client and he can also defend against the claim. The insurance companies are represented by the defensive lawyers. Therefore, the injury lawyers may not defend and represent the plaintiff at the same time, as it can be a conflict of interest.

Benefits of being represented by a personal injury lawyer:

1. Knowledge of personal injury law: Personal injury law varies from state to state. Therefore, a personal injury lawyer of a particular state may be familiar with all the laws pertaining to personal injury claims of that state.

2. Skill to negotiate fair compensation: A proficient personal injury lawyer has the potential to negotiate fair compensation from the insurance company on your behalf.

3. Know the approximate compensation you are entitled: When you hire the services of a personal injury lawyer, he is aware of the compensation you are entitled to due to his experience in the particular area of law.

4. Fair representation in court: People hire a personal injury attorney when they seek to dispute a claim. Therefore, an experienced lawyer can dispute the personal injury settlement, if you think it is unfair.

If you are aware of different types of personal injury lawyers, it is easier to select the right lawyer for your case; one that can help you obtain a fair judgment for the damage caused by the offender.

Disclaimer: The opinions expressed by this guest blogger are his alone and do not reflect the opinions of Lawsuit Financial or any employee thereof. Lawsuit Financial is not responsible for the accuracy of any of the information contained within the guest blog. The inclusion of a link or reference does not imply the endorsement of the linked site by the Lawsuit Financial.

Author Bio: This article has been contributed by Billy Patterson. He is associated with Oak View Law Group as a contributory writer. He has written many articles on Injury attorney, debt relief programs , Elder attorney ,debt management, etc.

May 31, 2011

Third Party Funding of International Arbitration Claims: The Newest “New Thing”

The Third Party Funding of International Arbitration Claims: The Newest “New Thing” is being sponsored by the New York State Bar Association and the Fordham University School of Law, in collaboration with the American Bar Association Sections of Dispute Resolution and International Law.

The event will be held at:
Fordham University School of Law
113 West 60th Street, 12th floor Lounge, New York, NY
June 15, 2011
1:00PM-7:00PM

Learn how the industry and the case law is developing, what funders look for in making their investment decisions, what commercial, professional, and ethical considerations need to be reviewed, why international arbitration may be ripe for expanded use of such investments, and what empirical research reveals and predicts for the future.

Topics to be covered include:
*areas relating to professional and ethics issues
*the possible impact of funding on the attorney-client relationship
*attorney client privilege
*conflicts of interest among the participants
*how to find a funder, the role and responsibilities of the lawyer, the different structures available for funding, the various funder services provided, the returns to and risks of the funder, how “sacred” is the contract, and “hands-on” versus “hands-off” considerations.

Presentations, comments, and questions, will be presented by prominent experts in the field, including providers, users, academics, and the media.

Registration: Go to www.nysba.org/DRroundtable ; or call (518) 487-5600.

Information provided by: Stephanie H. Reckler of Fulbrook Management, LLC