Articles Posted in Lawsuit Funding Case of the Day

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A Kentucky couple and their two grandchildren, a six-month-old and a three-year-old, were struck head-on by a camper that broke loose from a truck. The driver was pronounced dead at the scene; the six-month old died a few days from acute intracranial trauma.

All that is current known about this bizarre crash is that the driver of the truck had recently bought the camper and he and his father were going on a camping trip at the time of the crash. The truck driver told police that just before the crash that he heard a pop and then saw the camper through his side-view mirror as it headed toward the victim’s vehicle. “The camper struck the front of the vehicle and it just kind of imploded upon impact,” he said.

The family of the deceased child said that when the time is right, they plan to work to ensure regulations are enforced to prevent what happened to their family from hurting others. There is no word whether they will be filing a lawsuit.

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Suffering a personal injury in an auto accident is bad enough, but when the insurance company refuses in bad faith to negotiate or settle a claim, the impact can be devastating. Here is a case where an insurance company put their bottom line profits over their obligation to honor a contract. While the plaintiff eventually won her case, it took nearly four years.

A 41-year-old woman was a rear-seat passenger in a vehicle that was struck from behind by another car. The impact caused the Altima to strike another vehicle stopped in front of it. The passenger was treated and released at a local hospital. Although she complained of low-back pain, the woman was not diagnosed with a cervical intervertebral disc herniation and bulge until years later. Eight months of physical therapy and two epidural steroid injections did not prove successful; a neurosurgeon recommended spinal surgery.

The woman filed a lawsuit against her insurance company seeking payment of underinsured motorist benefits. Allstate disputed damages, arguing that the woman’s cervical conditions were entirely pre-existing and had no relation to the accident. After a four-day trial, the jury found in favor of the plaintiff; she was awarded $1.2 million in unspecified damages.

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A 35-year-old California construction worker recently received a $2.7 million settlement for a severe brain injury he suffered when a defective scaffold broke apart, causing him to fall 20 feet.

The man was initially diagnosed with a broken jaw and two broken ankles; he also lost consciousness. A subsequent examination showed that he also suffered a brain injury, resulting in personality changes that included destructive behavior and fits of anger, as well as concentration and memory problems. The man underwent nine months of rehabilitation.

The victim file a lawsuit alleging that the scaffolding was defectively manufactured and designed, creating a safety hazard. The complaint further stated that the brackets were only supported by two welds, with no redundancy or backup margin of safety, and the design was such that the welds could not be seen or inspected.  Therefore, if the welds failed (as they did at the time of the incident), the entire structure would come down.

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After an auto accident, everything can seem complicated, but applying for lawsuit funding is not one of those things.

A mother of two was on her way to work when she was hit head on by a drunk driver. She was trapped in her car for nearly an hour and was not responsive when was first found. The woman was rushed to the hospital and required immediate surgery. All her major organs were pushed into her diaphragm. Her lung was punctured by a broken rib, her spleen had to be removed, and her pelvis, tibia and one foot were broken. More surgery is likely, followed by rehabilitation and months of being able to return to work.

Many auto accident cases are resolved quickly without the need for a lawsuit and litigation in court. However, some cases cannot be settled, often times because the insurance company refuses to make a reasonable offer until required by a jury to do so. Even when the defendant admits fault, the insurance company often delays and defends the claim.

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An 18-year-old California teen lost his life and five of his classmates were injured Friday afternoon when the pick-up they were riding in ran off the road and rolled several times down a 150 foot embankment. One of the injured teens is in critical condition with a spinal injury; the other four teens suffered moderate injuries. According to the California Highway Patrol, the crash is still under investigation.

This auto accident is a reminder that inexperience driving, coupled with distractions, can greatly increase the risk of a serious or even deadly accident.

A study by the AAA’s Foundation for Traffic Safety revealed that nearly 60% of teen crashes involve distracted drivers. The most common distractions are interacting with passengers, using a cell phone to talk or text, and looking at something in or around the vehicle such as the radio or a billboard. In fact, loud conversations and horseplay between passengers are bigger distractions than technology. This is a main reason many states issue graduated, first-time licenses that restrict the number of youth passengers with a teen driver. The graduated system helps young drivers by limiting these high-risk driving situations, increasing adult supervision and extending the educational requirements of the novice driver.

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There are many contributing factors in many auto-pedestrian accidents, with driver inattention being the most common cause.

A woman is recovering after being hit by a car in Kenosha, Wisconsin. According to police, the woman was walking in the roadway outside of the crosswalk when a driver spilled coffee on himself and collided with her. The woman was taken to a local hospital with a head injury but is expected to be fine. The driver was issued a citation for inattentive driving. The crash is still under investigation.

Insurance companies will sometimes try to reach a quick settlement and limit recovery to the lowest possible amount. As the investigation continues, the injured victim should consult an experienced personal injury attorney to understand her legal rights before considering any settlement offer.

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A woman recently settled a medical malpractice lawsuit in which she alleged negligence resulted in permanent urinary incontinence.

In 2012, a woman with multiple sclerosis underwent a hysterectomy. She claimed that during surgery the ureter was injured and as a result, a second surgery was required to re-implant the ureter. That surgery, she alleged, caused permanent urinary incontinence. The patient also stated that she would require surgery every four years in order to change batteries in the implant.

The defense disputed any violations in the standard of care and maintained that the patient’s incontinence was due to her pre-existing multiple sclerosis. The patient asserted that her multiple sclerosis was in remission at the time of the hysterectomy and she had not experienced incontinence for years prior to the surgery.

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Prescription drug use (and abuse) is a rising factor in auto accidents across the United States. Drowsiness, slowed reaction time, and disorientation are just a few side effects of prescription medications that can affect a person’s driving abilities.

A man driving the wrong way crashed head-on with a vehicle that carried a mother and two children. Police said the car’s computer showed the man was driving at up to 70 mph at the time. The woman sustained foot, leg and neck fractures, according to reports. Her three-year-old daughter suffered a broken collar bone, while her two-year-old son suffered cardiac arrest and permanent brain damage. The negligent driver was also hospitalized with serious injuries.

Tests revealed that the man benzodiazepine, a prescription drug that can induce sleep and hypnotic states, in his system at the time of the crash. He did not have a prescription for the drug. He was charged with aggravated DUI causing great bodily harm.

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A 64-year-old New York man was killed after he was hit by a motorists at an Interstate 84 off-ramp.

According to state police, the man was driving a 2014 Ford Fusion when he pulled over to the right shoulder on a sweeping curve and got out of the vehicle. An approaching 2007 Subaru Impreza struck the Ford and then the man. The pedestrian sustained serious injuries; he was pronounced dead at the scene. The 18-year-old driver that hit the pedestrian was not injured, and no charges have been filed. Both cars were towed from the scene.

The accident remains under investigation.

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Whether a healthcare facility is federally or privately funded, there must be a certain standard of care. When a hospital falls below this level of care, it can be held responsible. For patients who have suffered from hospital negligence in a federally funded facility, there are many more requirements to file a valid claim, and obtaining compensation can be nearly impossible without the help of an experienced medical malpractice attorney.

A medical malpractice lawsuit alleges that a woman died because a federally funded clinic ignored signs of breast cancer.

In September 2013, the woman went to the emergency room because of breast pain. At that time, she advised the ER doctor of a lump in her breast. The hospital, which is not a party to the lawsuit, released the patient with instructions to follow up her primary care physician should her symptoms continue.