Articles Tagged with Litigation Funding

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A California family was recently awarded more than $36 million in a personal injury lawsuit.

In October 2012, a then six-year-old girl was struck by a car in the middle of the street while she was attempting to catch the school bus. She was in the care of an adult neighbor at the time. The child flew 70 feet into the air, before landing on the pavement. As a result of the accident, the little girl suffered serious injuries including fractures to her neck, pelvis, arm, and leg. She went into cardiac arrest several times and was in a coma for three months. Due to a permanent traumatic brain injury, the child requires around-the-clock care by a licensed vocational nurse (LVN), for the rest of her life. The settlement will go into a trust for her medical care.

The lawsuit alleged that the company providing transportation services failed to report and prevent mid-street crossings, which is a violation of their own policies and procedures. Under the system, students who violate the rules get a verbal warning and then a written warning. Discipline can eventually include losing school bus privileges.

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Facing a lawsuit can be financially stressful. Litigation funding can help a plaintiff through the tough times.

A person pursuing a lawsuit, who is desperate for immediate cash, is not a positive influence during the litigation process. Insurance companies and big corporate defendants know this and will deliberately delay the process. They will use deny, delay, and defend tactics not only to hold onto their cash longer, but in an attempt to get the plaintiff to settle too soon for too little.

For those plaintiffs that hold out, it can still take months, even years to reach a fair settlement. During this time, lost wages and mounting expenses can become a huge financial burden. A lawsuit cash advance, often termed “lawsuit loan,” helps seriously injured victims who might otherwise have trouble paying medical bills, mortgage or rent payments, car payments, or daily living expenses while waiting for their personal injury lawsuit to resolve/settle.

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A multi-vehicle auto accident in the San Francisco Bay Area has left four dead and six others injured.

Over the Thanksgiving Day weekend, an alleged drunk driver collided with a Nissan. The impact cause the Nissan driver to lose control, cross the center median, and hit three other vehicles traveling in the opposite direction. The Nissan flipped over; the driver was injured, but four passengers inside were pronounced dead at the scene. According to the California Highway Patrol, the crash was so horrific that the identity and ages of the victims could not be determined, but said one was a minor. Six others involved in the crash were hospitalized for injuries sustained.

The negligent driver fled the scene, but was apprehended a short time later. He has been charged with vehicle manslaughter while intoxicated; driving under the influence resulting in bodily injury; driving under the influence with a blood alcohol level over 0.08 percent; felony hit and run resulting in death or injury; and driving on a suspended license.

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A North Carolina volunteer firefighter was struck and killed by a pick-up truck while cleaning storm debris.

Around midnight on October 8, firefighters were dispatched to the site of a tree blocking the roadway. While two firefighters were clearing the debris, a pick-up truck slammed into one of the men. The truck then struck the victim’s vehicle, which crashed into the fire truck. The firefighter died instantly. The fire department said that he was wearing a safety vest, turnout gear and the emergency lights on his vehicle were illuminated, and the emergency lights were illuminated on another patrol car and truck at the time of the crash.

The driver of the truck has been charged with felony by death of a motor vehicle, driving while impaired, no operator’s license, reckless driving, possession of marijuana and possession of drug paraphernalia, according to reports. He told police that he had smoked a joint earlier in the day, but that he was not impaired at the time of the crash.

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A horrific crash left a father and son dead and a woman seriously injured in Moon Township, Pennsylvania.

According to police, a Saturn driven by the father turned left into the path of an SUV driven by the woman. Both vehicles had a green light. When police arrived the Saturn was on fire and the SUV was resting on its roof. All three people involved in the crash had to be extricated. The son was pronounced dead at the scene. The father died a short time later at the hospital.

Witnesses said that the intersection is dangerous and has been the site of multiple accident. Recently, a left turn lane was added in both directions, but people in the area say it is still not enough.

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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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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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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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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.

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A medical malpractice or medical negligence claim is one filed by someone who feels they have been a victim of a medical error or mistake. A claim can also be filed by the family of a victim who was injured or died as a result of what is considered a medical error. The best course of action is to consult an experienced medical malpractice attorney who can determine if there is a viable legal claim.

Two Washington families filed lawsuits against a midwife after one baby died and another was left paralyzed.

One couple alleges that the midwife used excessive traction and pulled and twisted their son’s head and neck during delivery. The mother said when the baby emerged, his face was purple and his right arm was like a “limp noodle.” She claims that a friend who witnessed the birth called 911, but when the EMT’s arrived, the midwife turned them away. The infant received a brachial plexus injury and permanent nerve damage and paralysis in one arm, according to the lawsuit. The child will require care the rest of his life.