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.
During discovery, the plaintiffs’ attorney uncovered the fact that the design had been changed at some point prior to the incident. The plaintiff claimed that the manufacturer made this change specifically to address safety issues with the weld, illustrating that they were aware of the danger. However, despite the design change, the old scaffolding was never recalled. In fact, old units continued to be sold, including the one involved in the incident, according to the lawsuit.
The defendants argued that the scaffolding was not defective, but rather failed because the plaintiff’s employer misused and abused it. They claimed that the employees hit the bracket with hammers, dropped it when removing it from buildings, and jumped on it, abusing the product to the point that it failed. They alleged there were no other reports of the product failing.
Even though the plaintiff won the case, it took nearly four years. Incidents like this can have a financial impact especially when it affects a family’s principal means of support. To avoid financial hardship, many plaintiffs will seek litigation funding, a non-recourse cash advance allow to cover medical and living expenses until the case is won or settled.
Litigation funding is not for everyone, but in most cases it can provide a strategic advantage. With a lawsuit cash advance, the plaintiff is not forced to accept an offer less than full and just compensation.
The entire process can done through phone, fax, or e-mail, and usually within 24 – 48 hours. We fund solely on the strength of your case, and the cash advance is only repaid when the case successfully settles. Repayment is not required if the outcome of the case is not in our client’s favor.
If achieving a settlement seems like eternity, you need cash in the interim and have nowhere else to turn, call Lawsuit Financial or fill out our online application. We also offer a free, no-obligation consultation.