Articles Posted in Lawsuit Funding Tip of the Day

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Sergeant Joe Friday, the dedicated Los Angeles police detective from the TV crime drama Dragnet, is know for the catchphrase “Just the facts, ma’am”. Clients want the same – “just the facts” of the case – when reviewing a lawsuit funding application.

Most plaintiffs involved in lawsuits are not familiar with lawsuit funding, a cash advance against their pending claim to help pay bills and avoid debt during the lengthy litigation process. Therefore, Lawsuit Financial is providing “just the facts” every plaintiff must know before determining if lawsuit funding is right for their case.

1. Lawsuit funding is NOT a loan. The transaction with a legal funding company is on a non-recourse basis meaning that the cash advance is only repaid if, and when, the client receives a favorable cash settlement award. Repayment is made from the settlement award at the same time the proceeds of the claim are paid to the plaintiff. If the plaintiff loses their case, they do not repay the funded amount.

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The lawsuit dates back to 2002 when a man died in the hospital during a routine CT scan. Five days after undergoing gastric bypass surgery for weight loss, the man experienced difficulties breathing, so he was sent for a CT scan of his lungs. The man died during the scanning procedure. His family filed a lawsuit alleging that the nurse on duty failed to check the patient’s oxygen saturation levels even though the man told her he didn’t think he could breathe while lying flat for the procedure. Sadly, a $50 piece of equipment could have saved this man’s life; it could have saved a woman’s husband and a 10-year-old boy’s father.

Not surprisingly, the man’s family filed a wrongful death, medical malpractice lawsuit. At trial, the plaintiffs’ attorney argued that the man suffered a heart attack as a result of low oxygen levels; when he was told to lie flat, his organs shifted, causing even lower levels of oxygen to his heart. The defense argued that the patient verbally authorized the procedure and the test was performed “by the book.” The defense further argued that the death was a result of a reaction to the contract dye used for the MRI. The jury agreed with the plaintiffs’ arguments and awarded the family $6.2 million. The hospital is expected to appeal the verdict.

Anytime someone loses a loved one, it is devastating both emotionally and mentally. It is often shattering financially, as well. The financial and emotional roller coaster of a lawsuit is equally as painful as the loss. An appeal results in further delay, further uncertainty, increased financial distress. This man’s family was obviously devastated by his sudden death; his loss may have caused a financial setback due to loss of wages, medical expenses, and funeral expenses. Litigation funding may have helped this family during the lawsuit and a potential appeal.

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A man was driving his Suburban when he was sideswiped by a pick-up truck. As a result, he sustained a cervical herniated disc and a lumbar herniated disc requiring surgery, injections, and physical therapy. A year after the accident, he underwent a two-level cervical fusion. While retaining some limited mobility, the plaintiff will continue to have a long road to recovery. Several activities that were once taken for granted have become a chore to accomplish, or even out of the question. He has needed continuous medical treatments that may last for years to come.

Less than 1 ½ years after the auto accident occurred, the lawsuit went to trial. The insurance company for the driver of the pick-up truck did not extend an immediate settlement offer, but on the first day after the jury was selected they extended an offer to settle at $350,000. This is what insurance companies do; they delay for as long as possible and when the know the attorney is serious and the case is solid, they make an offer. In this case, the plaintiff, wisely, declined the offer. Why do I say “wisely”? Because the trial took four days and the jury awarded $734,000, almost twice the amount the insurance company offered. The $350,000 might have been acceptable had the insurance company offered it without putting the plaintiff through the hassle and cost of preparing for and beginning a trial.

Unlike most cases, this one did not take years to come to trial. Assuming the award is paid, plaintiff’s immediate financial issues are resolved. However, this man is only 1/2 year post surgery. What if he experiences complications? What if he needs future surgery? What if he has a re-occurrence? This verdict may be too little, too soon. Is this a fair settlement for his past and future medical expenses, physical impairment, past and future loss of wages, and past and future pain and suffering? Time will tell.

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This case resulted in a jury verdict for the defendant; however, it outlines the value of seeking lawsuit funding in contentious litigation. You see, qualifying for litigation funding is based on expectations, not results. Does the case look like it has value? Does liability seem to be something that is likely to be decided in plaintiff’s favor? What does the handling attorney think of the case?

In this case, the plaintiff was the widow of a gentleman who was stabbed in a Brooklyn restaurant in 2006. The man was never quite able to get over the incident; he became despondent, deeply depressed. Two years later, he took his own life.

His widow sued the restaurant. The foundation of her wrongful death lawsuit was that her husband’s suicide was directly linked to psychological problems related to the stabbing; the restaurant had served alcohol to her husband’s attacker, permitted him to get extremely intoxicated, and did nothing when witnesses reported overhearing him call a friend to bring a weapon so that he could use it on the widow’s husband. The defense argued that the attacker was not drunk and that there was nothing they could have done to anticipate or prevent the stabbing. In this case, the jury accepted the defense arguments over the plaintiff’s and rendered a defense verdict of no cause of action. The plaintiff recovered nothing.

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The Consumer Product Safety Commission, Health Canada and Step2 Company LLC in Ohio just recently recalled over 21,000 Basic Rhythms Drums (made in China) due to the choking hazard they posed to the children using them. Evidently, the plastic clips that attach the drumsticks to the drum break easily, and the small pieces present a choking hazard for young children. The drums were to be used just for fun for preschool age kids.

Most of these drums were sold at places like Toys “R” Us and Burlington Coat Factory and other retailers from August 2009 to March 2009. Any consumers that still have these drums in their home are being urged to take the drums away from their children. They may call the Step2 company for a free toy replacement.

If your child has been involved in a choking incident and suffered serious harm, you may want to speak to a product liability attorney about filing a personal injury lawsuit on behalf of your child..

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The Toyota pick-up truck was northbound on Oregon 97 when for some unknown reason it crossed the center line right into the path of an oncoming commercial truck. The trucker tried to hit the shoulder or ditch to avoid the accident, but failed to make it in time. The two vehicles hit head-on in this catastrophic automobile accident.

There were no survivors in the pick-up truck; the trucker and his passenger survived, but were badly injured. The police are investigating the accident and have reached no conclusions as to why the pickup crossed the center line. There is some speculation that the pickup driver was DUI or was falling asleep at the wheel. Witnesses mention that he seemed to be constantly swerving prior to the accident. It may also be possible that he was on the cell phone, texting, drinking or was otherwise distracted. The trucker, his passenger, and the families of the deceased passengers in the pickup will, most likely, seek the advice of an experienced automobile accident attorney.

After retaining attorneys and beginning their pursuit of the litigation, these innocent victims may be interested in knowing that a service commonly known as lawsuit funding can assist them, financially, while they await resolution of the case. Litigation funding companies are in the business of providing lawsuit cash advances to litigants with pending lawsuits so that they won’t have to accept too little, too soon, because they have pressing bills and expenses. Insurance companies use their superior economic power to pressure plaintiffs into settling valuable cases for pennies on the dollar. The legal finance company pays a plaintiff’s important bills and expenses and provides the plaintiff and his/her attorney with precious time needed to obtain maximum case value. If a litigant qualifies for a “lawsuit loan”, fast cash is available within 24-48 hours by check or wire.

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Each day, thousands of Americans are involved in automobile accidents. It should not surprise you that automobile accidents are, by far, the number one cause of injuries in the U.S.. There are thousands of automobile accidents, throughout the United States, each day. With the number of attorneys growing, each year, and competing for your business in many ways, I doubt that there are many of you who do not know that if you are not at fault in an accident and you are seriously injured, you may pursue the at-fault driver for compensation for wage loss, medical expenses and pain & suffering.

What you may not know if that after you have hired the lawyer and while your lawsuit is pending, you may seek the services of a lawsuit funding company for pre-resolution financial help while you wait for your case to be settled or tried to a verdict.

Because automobile accidents are the highest cause of injuries, it stands to reason that they are also result in the highest number of lawsuit funding requests. As the most experienced legal finance company in America today, Lawsuit Financial has seen thousands of auto accident lawsuit funding requests. Serious injuries will often result in long-term disability which, in turn, will result in serious financial distress for an accident victim. You may need help with your regular bills, your car payments, your rent or your mortgage, while you await a full and fair settlement of your lawsuit.

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Do you know what the term “wrongful death” means? I know what you are thinking, there is no such thing as a “rightful” death; all death could be considered “wrong” in some way or another. The term “wrongful death”, as used in a legal context, is used when death occurs as the result of someone else’s negligence or misconduct. This negligence or misconduct may have been perpetrated by another person or entity (company). These actions may have been intentional or may have been careless or reckless. There also may be more than one person responsible; death on a job site may have multiple causes; death in a hospital may also have had multiple causes (negligence of medical professional, nurse, pharmacy, or negligent decision made by administrators).

Wrongful death cases are never easy for the families of the deceased; a wrongful death lawsuit will not bring your loved one back, but it may serve to provide the financial resources to survive, financially, without your loved one. Further, it may provide closure; the at-fault party or parties will be held accountable, and hopefully, your lawsuit will provide the added benefit of reducing the chances that a similar occurrence would happen to someone else.

Each state has its own rules on what constitutes a wrongful death lawsuit, how to file one, under what circumstances it may be filed, and what damages are recoverable. Lawsuit Financial strongly advises you to consult with an attorney who specializes in this area of the law.

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The leading cause of spinal cord injuries are automobile accidents. The automobile accident rate has increased over the years, probably relating to the fact that there are more cars and more drivers than ever before. Injury accidents vary in severity; what body part is injured and how severe the collision will determine the impact on a victim’s life. Unfortunately, more than half of the people who have been seriously injured in an automobile accident are between the ages of 16 and 30; to lose body function at such a young age is more than catastrophic.

If you have sustained a catastrophic spinal cord injury in an accident, whether the accident was your fault or not , you must speak to a skilled personal injury attorney who will help you pursue vital compensation you will need to live the rest of your life. Some states have no-fault statutes and benefits may be available to you even if you were the at fault party. Michigan, for instance, provides, by statute, an unlimited 1st party no-fault medical benefit, the only one of its kind in the country. If you are catastrophically injured, and have no-fault insurance (or were a passenger), you are entitled to lifetime medical. These are not easy cases for a victim to endure; you can count on your attorney to guide you through the maze of benefits and obstacles that make up our civil justice system. Your attorney will know how to fight for your rights. The astronomical cost of caring for someone with spinal cord injuries is overwhelming; your attorney will be well aware of this. That is why a victim’s rights attorney always goes to great lengths to uphold your rights against powerful corporate and insurance interests.

Speaking of financial matters, while your attorney is fighting to make your insurance company or the insurance company of the at fault party do the responsible thing, how will you, the spinal cord injury victim, pay your regular bills and expenses? How will you pay for the extraordinary expenses of medical, rehabilitation and/or orthopedic appliances while you wait for a verdict or settlement? The answer may be found in a little known service known as lawsuit funding, and you may be surprised to know that funding takes as little as 48 hours from the time of approval.

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If you have been paralyzed as the result of an accident, you may have one of two kinds of paralysis. Paraplegia results in no leg movement and very limited movement in one’s lower torso. This is usually caused by a spinal cord injury, an injury that interferes with the signals that go from the brain to the lower body parts. Someone who has paraplegia can’t feel their affected body parts and usually can’t feel pain or heat.

Not being able to sense things is difficult enough for the accident victim, but, paraplegia may also affect their future health and safety. In addition to the inability to feel heat and pain, the victim may also experience an odd shot of phantom pain due to damaged nerves; this is much like one who loses a limb but still feels phantom pain in that limb. The inability to feel pain and heat can be dangerous in and of itself, as a person can be scalded or injured and not be aware that additional injury is occurring.

Along with not being able to walk, paralysis affects other functions of daily life; digestive functions, bladder and bowel control, sexual drive or performance are all effected by paralysis. Thus, paraplegia has a dramatic effect on the victim’s ability to lead a normal life. Some paraplegics are able to cope on their own; some require constant care to manage their daily lives.