Articles Posted in Lawsuit Funding Tip of the Day

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If I asked: “Have you ever fallen down?” You might say: “Been there, done that”. In most instances, the fall is minor; you are no worse off for it, you dust yourself off and are back on your way. However, trips and falls or slips and falls can often cause serious injury, even death. The leading cause of nonfatal injuries treated in emergency rooms across the country are falls. And, in increasing numbers, falls can be fatal.

Studies have shown that at least 60% of all falls are related to slipping or tripping. What causes that to happen? Typically, defects in a walking surface, a puddle, an uneven brick, a cracked piece of pavement, a design flaw or similar issue causes a person to fall. While a flaw may be obvious, creating comparative fault to the person encountering it, the owner or manager is still comparatively liable for allowing the condition to persist. In most states, liability becomes an issue of comparing the negligence of the two parties and coming up with an appropriate percentage of fault. On the other hand if a flaw or danger is not obvious or concealed, liability may be 100% attributable to the premise owner.

If you fall in your own home, obviously, you are responsible for the consequences. Homeowners coverage does not extend to you in your own home; it extends only to others on your property. If you fall on someone else’s property because they did not maintain the area safely, you may have the right to pursue a premises liability/slip and fall case. If are uncertain of your rights to pursue litigation, seek the opinion of an experienced personal injury attorney. Find out what your legal rights are and what options exist in terms of compensation.

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There are two ways to file a motorcycle accident lawsuit and, hopefully, get compensation the injuries you have suffered. First, if the biker survives, he/she may file a negligence action against the at-fault party for causing the accident. Second, if the biker dies, his/her family may file a wrongful death lawsuit to seek damages under your state’s wrongful death statute.

In order for a lawsuit to be successful, a plaintiff must demonstrate that the defendant was responsible for (or negligent in causing) the accident, and that the injuries and other damages sustained were proximately caused by the accident. The case must be filed within the time limits prescribed by your state’s statute of limitations. If the SOL (statute of limitations) runs out before your sue, you are SOL (shi…out of luck); you lose the right to sue. Most states have specific laws in place that apply to motorcycle accidents; they vary depending on the circumstances. The wisest course is to speak to an experienced personal injury attorney about your rights following any kind of accident.

Contrary to what the tort reform crowd says about litigation, most personal injury litigation is filed as the result of serious injuries caused by someone who was seriously negligent. Litigants sue to recover substantial medical bills, loss of earning potential/income, permanent or partial disability, property damage and physical and psychological pain and suffering. There may also be punitive damages if the accident was the result of someone’s gross negligence. Again, this is something that you should discuss with your attorney.

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Following the death of 2 young boys, one in Chicago and one in Milwaukee, the Consumer Product Safety Commission (CPSC) recalled 1.8 million toy dart gun sets. The manufacturer of the dart gun is Henry Gordy International; the toy has been sold at Family Dollar stores nationwide since 2005. The boys died of asphyxiation when dart tips became lodged in their throats. The small suction cup at one end measures a half inch in diameter which is the “perfect fit” for blocking off the airways.

We all know that kids should not put toys in their mouths, yet we also know that toddlers have been doing this forever. Parents know this; manufacturers know this. Both must exercise diligence. In the face of obvious danger, toys should be made to avoid the choke hazard; it is the leading cause of toy-related deaths in children under 15.

Family Dollar Store has not sold the toy in over a year; the company agreed to the recall as a way to alert customers. Henry Gordy refused to recall the dart set maintaining that the toy met federal safety rules. Ironically, Henry Gordy has not been reached for comment; the company phone number has been disconnected.

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Every time you mount your motorcycle and zoom off, you are taking your life in your hands. It’s just that simple; yet, there are hundreds of people who ride and love it. There are also those who been in a motorcycle accident and have paid the consequences, some for the rest of their lives. It’s a fact that bikers are far more exposed to serious dangers when riding because they don’t have enough protection.

If you have been hurt in a motorcycle accident, then you need to speak to an experienced personal injury lawyer, usually, for free, to find out what your options are and how to file a lawsuit to get compensation for your personal and property damages.

Statistics tell us that just about 80% of those who are involved in a motorcycle wreck will either be severely injured or death. This is in direct comparison to about 20% of deaths resulting from automobile accidents. Since the economy is in such dire shape, there are more motorcycles on the road because they are cheaper to run. Sadly, more bikers (especially more inexperienced bikers) mean more accidents.

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If you have been hurt as the result of someone else’s actions, or the actions of an entity, and there was negligence involved (also called wrongdoing), they you may be able to file a personal injury lawsuit. In some instances, say for example where there was medical malpractice or perhaps a wrongful death, you (in the capacity of executor or power of attorney) may file a lawsuit on behalf of a victim.

Personal injury law is also called tort law, with the word tort meaning “wrong,” and generally speaking, there are fairly well defined guidelines for personal injury lawsuits. These guidelines may vary depending on what state a suit is filed in. This is something you should talk to your lawyer about.

The most common elements in “any” personal injury lawsuit are that these actions are designed to get compensation/money from the negligent person to repay the injured person for their injuries and damages. Sometimes punitive damages are asked for to discourage a person or company from repeating their negligent conduct.

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Most industrial accidents are dealt with under the auspices of workers’ compensation law. That’s the general rule of thumb, but there are exceptions. One of those is if the accident was due to a defective piece of equipment or negligence on the part of someone else other than the employer. If that is the case, you may be able to file a personal injury lawsuit.

There are usually a number of things to consider if you wish to pursue a personal injury case in these situations. Those involved in an accident must prove that their injuries were caused by a negligent or illegal act. The accident must also “not” be the fault of the employer if you intend on filing a personal injury lawsuit. Industrial accident laws widely vary from state to state, so speak to your lawyer about what is applicable in your state.

As with automobile accidents, injuries in industrial accidents may range from minor to deadly. An accident may be the result of fatigue, negligence or even deplorable safety standards on the job site. Anyone of those things may cause falls, explosions, electrocution or poorly maintained equipment that breaks down. While the minor accidents don’t take to long to recover from, the more serious ones may mean the person will never work again. If you have been badly injured in an industrial/construction accident, and it’s not the fault of the employer, speak to a personal injury attorney.

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Dog bites can cause some serious injuries that include scars, disfigurement and even death. Unfortunately, dog bites are a relatively common occurrence in the US; bout 4.7 million people each year get bitten. Of that number, at least 800,000 need medical care which may involve stitches and corrective surgery. Many of the people bitten are children.

For those who have been bitten, you do have legal rights. The facts are that people who own dogs, care centers, landlords and even former dog owners may be held liable for bite wounds. If you don’t know if you have a case, speak to a personal injury lawyer to find out. An experienced, caring personal injury attorney will provide you with the advice you need to make decisions about how to move forward.

Most domesticated dogs aren’t violent; most don’t bite – however – there are always exceptions to any general rule. Dogs may bite when they are afraid of something, are trying to protect their people or property, are backed into a corner, thinking they have no other options, when they are startled awake, when they are eating, if they are trying to be dominate a victim, or have been chained up 24/7/365 and/or mistreated.

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Beverly Tarter dropped her two-year-old daughter, Imani, at daycare on April 29. Dewan McKeithan, Ms. Tarter’s boyfriend and Imani’s father, apparently picked up the little girl without Tarter’s knowledge. McKeithan was allegedly driving without a license and under the influence. He ranRunning a stop sign, was hit by another vehicle, lost control of his pick-up truck and slammed into a tree.

Imanil, who was not wearing a seat belt, was thrown more than 50 feet, landing under another vehicle. She was transported to the hospital, where she was pronounced dead on arrival. Mr. Mckeithan remains in critical condition at Henry Ford Hospital in Detroit.

Ms. Tarter’s dreams for her daughter’s future are gone, as are her dreams to raise children. Ms. Tarter learned recently that due to her Type 1 Diabetes, she will not be able to bear another child.

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A concussion happens when someone strikes their head or when someone or something hits a person in the head. Concussions range from mild to severe and in the process may cause serious brain problems. The major problem with concussions, something often referred to as silent injuries because you can’t “see” them, is that they can turn a person’s life upside down. Many people are never the same again and recovery from a concussion, or worse, may be a long and challenging process, not to mention expensive.

The most common causes of people sustaining concussions are slip & falls, sports injuries, automobile accidents, motorcycle accidents, and construction site accidents. Generally speaking, the severity of the concussion depends upon how hard a person was hit in the head. If they lose consciousness for a long time, this is not a good sign. Some people are able to recover their memories at a later date, but in most cases, memory damage is permanent. The signs of a possible concussion are: unequal pupils, mentally confusion and repeatedly vomiting. There may also be seizures, one-sided body weakness and coma.

If you have sustained a concussion as the result of someone else’s negligence, you will want to talk to a personal injury lawyer and find out about filing a lawsuit. After you have retained an attorney and he has filed a lawsuit, you might also want to consider the possibility of applying for litigation funding to help you deal with the financial crisis of losing your job and not having much in the way of savings. A lawsuit cash advance will let you pay all of your bills, including the “usual” expenses you have every month. In other words, you get to keep on going, pay your bills and have the ability to wait for a fair resolution to your case.

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If you have been badly hurt in an accident that was the fault of someone else, you may have a personal injury claim. An experienced personal injury attorney can advise you whether or not you have a viable case. Personal Injury attorneys are experts at making these determinations.

Some people believe that the party who caused their injury must have acted carelessly or recklessly, or even intentionally, in order for their to be a valid personal injury claim against them. Carelessness, recklessness or intent may improve a case (it may not), but, in reality many cases involve simple negligence or a failure to take proper care under the particular circumstance. To file a successful personal injury claim, you must be able to prove, by a preponderance of the evidence, that you sustained an injury as the result of the negligence/fault of another person or entity.

It is rarely possible, especially with serious or permanent injuries, to know the full extent of your injuries when you file your case. However, an experienced personal injury attorney, who has practiced in this field for many years, will be able to pursue the case, develop the evidence, and determine, by case end, the liability and damages. If you need a referral to an experienced personal injury attorney, anywhere in the United States, click here, and Lawsuit Financial will provide a referral within 24-48 hours. Trust your experienced personal injury attorney to know the value of your case and to fight for your rights.