This particular case happened in Texas, and it was settled out of court for $258,000. A nine year old boy sustained third degree burns while he was being taken care of by his grandparents. The boy was visiting his grandparents in 2007, where he touched a hot steam vaporizer. He sustained severe burns on the palm of his right hand. In fact, the burn was so bad he needed several surgeries to remove the scar tissue so he could use it. He is slated for more surgery as he gets older.
The boy’s mother sued her in-laws to recover the costs of medical treatments, surgeries and medications. The lawsuit alleged that the elderly couple were negligent in leaving the vaporizer out where the child could reach it, despite being aware that it was dangerously hot and was a safety hazard. Defendants had refused to accept responsibility, saying the vaporizer was left out by someone else without their knowledge; the out-of court settlement decides the issue and the case..
As tough as it likely was to sue a family member, the fact is that child had enormous medical bills; his family could not have been able to pay on their own. It has always been interesting to me that families with insurance will gladly allow strangers or visitors to pursue coverage when they are hurt, but are hesitant and angry when their negligence injures family members and they decide to pursue a claim. Why do we purchase insurance if not to protect our visiting loved ones when we are negligent?
This family did the right thing in pursuing homeowners’ coverage in this case. While the case was pending, the family also could have sought lawsuit funding for more immediate assistance. While a child cannot receive legal finance proceeds (because a child lacks the capacity to enter into a contract), that part of the settlement designated to reimburse the parents for medical and attendant care expenses can be the subject of a litigation funding contract, if immediate cash now is needed or desired to obtain appropriate treatment. A pre-settlement funding expert can help you through this process.
In this case, for example, a ‘lawsuit loan’ would have allowed her to pay for her son’s surgeries and other medical expenses while they were waiting for the successful resolution of their case. A lawsuit cash advance may also advance that part of the settlement that is paid to the mother as reimbursement for attendant and nursing care performed by her.
If approved, clients will have cash in their hands within 24-48 hours; there are no upfront fees or monthly payments to make and they don’t have to go through a credit check or have a job. Lawsuit funding is cash given in advance of a settlement or verdict; it prevents a plaintiff from having to settle too early for too little. It allows a plaintiff to await justice in a fair and full resolution of his/her case.