Articles Posted in Lawsuit Funding Thought of the Day

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After an auto accident when a person approaches an insurance company, he/she will often be faced with deny, delay, and defend tactics. Why do insurance companies do this? The insurance company will make excuses and confuse the claimant, anything to avoid paying fair compensation.

Although an experienced attorney can build a case on the victim’s behalf and seek the justice deserved, this takes time creating financial distress for the plaintiff. Just because someone is involved in a lawsuit does not mean they don’t have financial obligations – mortgage payments, car payments, medical expenses, utility bills, and more. Failure to pay can lead to harassing collection calls, foreclosure, and can jeopardize a good credit score.

Once a plaintiff has attorney representation, he/she can apply for lawsuit funding, a means of replacing lost income to paying living expenses while waiting for a settlement. Lawsuit funding can also help a plaintiff negotiate from a position of strength, not financial desperation.

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Are you suffering financially because you were seriously injured in a slip and fall accident? Have you hire a lawyer to seek just compensation for your loss? If you answered “yes” to these questions, Lawsuit Financial may be able to help with your short-term expenses until a settlement is reached.

A slip and fall accident typically occurs when an owner failed to keep the environment safe. They can occur practically anywhere: a hotel, restaurant, shopping mall, grocery store, or at someone’s home. Common causes include:

• Wet or foreign substance on floor • Failure to properly mark a dangerous area (i.e. a “wet floor” signs)

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Accidents between autos and pedestrians aren’t as uncommon as you might think. When a pedestrian is struck by several thousand pounds of metal and glass, even a low-speed accident can cause serious or fatal injuries.

According to the National Highway Traffic Safety Administration (NHTSA), in 2012, 4,743 pedestrians were killed in auto-pedestrian accidents in the United States, and another 76,000 were injured. This means on average there is an auto-related pedestrian death every 2 hours; an injury every 7 minutes.

While a negligent driver are often to blame when a pedestrian is hit by a vehicle, it isn’t always the motorists’ fault. Pedestrians (including bikers, joggers, skateboarders, etc.) can also cause accidents. Determining fault can sometimes be a complicated process. Did the driver run a red light? Was the driver speeding? Was the driver intoxicated? Did the pedestrian wander out into traffic while texting? Could either person have avoided the accident?

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There are over 500,000 truck accidents, yearly, and approximately 135,000 people suffer life-altering, serious injuries as a result; 5,000 or more will die. A truck accident, unless a victim is very lucky, will usually result in a serious injury. If you have been in truck crash and survived, the chances that you suffered catastrophic injuries (life altering harm) is very high. Truck accidents happen at all times of the day or night, in good conditions and bad. When large trucks are involved, the aftermath will, more than likely, result in a catastrophic injury, which includes paralysis, spinal cord injury, brain injury, amputations and other types of severe damage to one’s body. After all, an automobile is no match for a big rig.

When a person is seriously injured by the negligence of a trucker, he may choose to file a personal injury lawsuit against that trucker and, usually, against his employer, as well. Trucking company liability might result from the negligence of its employee (called vicarious liability) and/or independent negligence for the lack of adequate training procedures, negligent supervision, statutory violations, or similar types of misconduct. So, in truck accidents, lawsuits are generally filed against the negligent trucker, his or her employer, the trucking company, perhaps the contractor that retained the trucker and his company, all of whom have substantial coverage by a commercial insurance policy.

In reality, the defendants in most cases, the one who pay the awards and settlements, are billion dollar insurance companies who take in billions in premiums, from all of us, to accept the risks of accidents that happen to only a relative few. They are raking in the dough; don’t believe the “lawsuit abuse” nonsense that they bombard the internet with. It is, at best, a smokescreen and, at worst, an outright lie. These companies are not trying to eliminate “frivolous lawsuits” with their campaign; they do not usually pay damages for “frivolous lawsuits”. The system already has mechanisms in place to dismiss frivolous cases and penalize those who bring them. Big business and big insurance (through the US Chamber of Commerce) seek to use this campaign to minimize or eliminate recoveries in serious cases with serious liability and serious injuries. They seek to marginalize plaintiffs and especially, their attorneys, with their lies. Until you have been suffered a serious injury or represented someone who has suffered a serious injury, you may not understand how offensive this approach is. Just to save a few bucks of their enormous profit, these despicable companies seek to poison public opinion against seriously injured accident victims. Don’t believe it! These companies could care less about “frivolous lawsuits”; they don’t want to have to pay any compensation to the seriously injured.

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If you have ever spent any time checking out car-truck traffic accident statistics (those who have been involved in a truck-big rig crash certainly have) you will note that there are over 500,000 truck collisions every year in the US, causing roughly 5,000 fatalities. Of course this isn’t acceptable, but the more important question is how do we improve these statistics and make our highways and byways safer?

Most truck accidents happen on weekends and in rural areas of the US; they are, typically, caused by a laundry list of reasons.

The most common reasons cited in most accident reports are:

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Is it reasonable for the public to assume that a drink named “Vitamin Water” is a healthy beverage? That is contains…well…vitamins that are healthy? Well, you can assume it, and I think you would be reasonable in your assumption, but you would be wrong. And, according to Coke, unbelievably:

“no consumer could reasonably be misled into thinking vitaminwater was a healthy beverage.”

A lawsuit has been filed by the non-profit, Center for Science in the Public Interest, alleges that Vitaminwater labels and advertising are filled with “deceptive and unsubstantiated claims.” And Coke admits it, and argues that the quote above is sufficient rebuttal. The judge, a sharp guy named John Gleeson, accepted (because of Coke’s tacit admission) “the factual allegations in the complaint as true”. Judge Gleeson denied a motion to dismiss for a variety of excellent reasons related to the company’s deceptive claims and product labeling.

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Those of you who like to scream “lawsuit abuse” every time you hear about a large verdict, might be interested to know that there are drugs in the marketplace, approved by the FDA, that are seriously flawed, can cause serious illness, even death, yet are still being sold, for huge corporate gain, in pharmacies across the country. An example of one such dangerous drug is Avandia, a diabetes drug.

Two days ago, the Food and Drug Administration (FDA) began hearings to assess the risks, dangers and and side effects, to determine whether this drug should be taken off the market. Avandia has been dispensed in pharmacies and prescribed by physicians for more than 10 years. It treats Type 2 diabetes by controlling blood sugar levels. However, in doing so, it is reported that it also increases the risks of congestive heart failure and heart attacks, bone fractures, and liver failure. The side effects to the heart and liver, obviously, can kill the patient that the drug intended to treat.

Not surprisingly, numerous lawsuits have been filed against the manufacturer of Avandia, GlaxoSmithKline. Recently, just before the first set of jury trials were to commence, approximately half of an estimated 13,000 filed cases were settled.

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Here is postscript to this morning’s Avandia Post. Unbelievably, despite serious side effects that are known to cause liver damage, heart disease and death; despite a $460 Million acknowledgment of these serious side effects by GlaxoSmithKline in partial settlement of a multiple victim lawsuit, the FDA panel conducting hearings on the dangers of the drug has, this morning, recommended that the drug may remain on the market in U.S. pharmacies.

The vote by the 33 member panel was 20-12 with one abstention. I suppose that the U.S. Chamber of Commerce is gloating at the corporate victory of profits over people. After all, what difference does it make if a few people die of liver and heart damage as long as Glaxo can make millions, perhaps billions, off Avandia sales? Lawsuit payouts, obviously, are dwarfed by the profits being made off of this dangerous medication. Glaxo should voluntarily remove this product from the market place; shame on them and shame on the FDA panel that permitted this company to continue to produce this dangerous product. The public’s only hope? That sensible doctors will stop writing scripts for this killer drug and that lawyers will continue to sue the hell out of everyone associated with Avandia. The only thing that will save the public from Avandia is to make producing it and selling it an unprofitable venture for its manufacturer. And that, my friends, is the sad truth about corporate America in the 21st century.

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

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As the state of Florida considers liability protections to emergency room medical providers, many are saying, correctly so, in our opinion, that the idea puts patient at considerable risk.

Nearly six million people are treated in the emergency rooms across the state every year. On a national level, closed to 225,000 people die annually due to medical malpractice; half of those deaths result from emergency room errors. If ER negligence does cause injury or death, the victims may need care, support, and financial resources to continue on with their lives. If a cap was extended to ER medical providers, future assistance to victims would be restricted, incentives for appropriate care would be curtailed, and the taxpayer would be responsible for the care and compensation of injured, disabled or deceased victims via some form of public assistance. Doesn’t it make more sense for the private sector; the hospital or provider who caused the damage to be responsible for it?

The proposed bill would expand sovereign immunity to ER doctors, nurses, paramedics and other personnel; a proposed economic damages cap would be set at $100,000. If the victim of a botched procedure, surgery, misdiagnosis, non-diagnosis can only receive this limited amount in compensation, he/she would never be able to pay for the cost of lifetime treatment or care. Further, this very limited cap would have a chilling effect on a victim’s right to pursue a medical malpractice claim; the limited recovery could not offset the cost of pursuing such a claim. Worse, patients would not be powerless to hold those physicians accountable for their negligence, with the elimination of consequences, negligent conduct will, absolutely, increase.

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You were hurt in an accident. You have hired an attorney in an attempt to pursue a personal injury lawsuit. You automatically qualify for lawsuit funding, right? Wrong! And, even if you “qualify” how do you get from there to actually receiving a lawsuit cash advance.

Lawsuit Financial Corporation
has been providing cash-strapped personal injury victims with legal finance services for almost 12 years. We have more combined legal and legal funding experience than anyone in this industry. There are many new companies who claim to offer similar services, but they do not do so with the knowledge and expertise that Lawsuit Financial does. That is why the majority of cases submitted for legal funding to other companies are rejected. Why? Because litigation funding company underwriters refuse to accept reasonable risk, even though they charge non-recourse, risk-based fees. In other words, most company underwriters lack the necessary experience to analyze and approve your case. It is easier to ‘just say no’.

In order to qualify for pre-settlement funding, an applicant must have suffered an accidental injury that has caused him/her to pain and suffer. Maybe the injury caused a wage loss or substantial medical bills. Certainly, there must be a demonstrable injury or loss to pursue a lawsuit; likewise, to pursue lawsuit funding. If you have not pained and suffered, if you have not suffered wage loss or gone to the doctor, it is not likely that you will be able to sustain a lawsuit; it is equally unlikely, virtually impossible that you will qualify for legal finance services.