Articles Tagged with Litigation Funding

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The justice system in America has never been balanced based on the financial strength of the parties involved.

In a personal injury lawsuit, the plaintiff is always at a disadvantage when trying to bring a claim against large, well-funded insurance companies that use financial strength to their advantage.

Financial strain not only impacts a plaintiff’s life but also the case. A financially desperate plaintiff is not in a favorable position regarding settlement negotiations. Insurance companies know this. They are notorious for making a low-ball offer in hopes that the plaintiff is willing to accept a quick settlement in order to make ends meet. But, what else is a plaintiff to do when he/she is injured and unable to work, but the bills continue to come in?

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A 24-year-old Texas man was sitting in his car outside a Forth Worth vaping store when the e-cigarette he was using exploded. He was able to get out of his vehicle, but collapsed on the pavement. He died two days later, after being placed in a medically induced coma. The medical examiner ruled the cause of death as penetrating trauma after tests revealed that a piece of the e-cigarette had lodged in the man’s throat, severing the left artery in his neck. Sadly, the injury led to a stroke which ultimately caused his death.

The tragic incident is the second reported death by an exploding e-cigarette. In May, a Florida man suffered multiple injuries to his face and burns over nearly 80% of his body after a vape pen exploded, sparking a house fire. An autopsy report later showed that the man died from a “projectile wound of the head.”

Surviving family members of the deceased victims may wish to file a product liability lawsuit. The first step is to consult an experienced attorney.

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On August 5, 2017, a 100-year-old oak tree came crashing down during a company picnic at Menlo College. A woman and two-year-old little girl were seriously injured. The Menlo Park Fire Chief said it is amazing there weren’t more injuries given that 300 adults and children were in attendance.

Two lawsuits have been filed against the Menlo College alleging it knew or should have known that the 50-foot branch was already breaking away from the tree; it had been showing some signs of decay prior to the incident. The family of the toddler alleges the little girl suffered a concussion and skull fracture that ran from the top of her head to her left eye. The lawsuit says the child suffers from permanent scarring, eye damage and a possible brain injury, which is still being monitored. The woman’s suit states she suffered from a deep cut along her forehead, a cut cornea, a sprained ankle, and a concussion that has led to long-term nausea and dizziness.

While this scenario may seem unusual, injuries from fallen trees are fairly common. A premise liability lawsuit can claim that the property owner knew or should have known that a tree was dead or in some way posed a serious risk of falling, seriously injuring or killing someone. A suit may also be able to claim that the dangerous condition of the tree was obvious to any “reasonable person” who looked at it because it showed signs of damage or decay. If a dangerous or defective condition has resulted in an injury there is likely to be a basis for compensation. However, seeking compensation in such cases is not easy.

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A couple was killed when a tractor-trailer rear-ended their vehicle causing a chain reaction crash.

The couple was driving to their wedding at the time of the accident, according to police. When the tractor-trailer was unable to slow down for traffic, it slammed into the couple’s car. Ultimately, three other tractor-trailers were involved in the accident. Two of those semis, along with the couple’s vehicle, caught fire closing the highway for nearly 12 hours. The accident remains under investigation.

Due to the size and weight of a tractor-trailer versus a passenger vehicle, when an accident occurs the results can be catastrophic. Those who have suffered serious injuries or lost a loved one should seek legal counsel as soon as possible to preserve evidence and understand his/her rights.

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After an auto accident or another personal injury that has occurred due to the negligence of someone else, you may decide to seek legal compensation for damages and losses. The first step is to consult an experienced personal injury attorney. But, your case may take months, even years, to settle.

Defendants are financed by large insurance companies; their lawyers know the litigation game. They know you are probably strapped for cash, so they delay the case, exhausting your limited resources. The more desperate you become, the happier the defendant. Then, they make a lowball offer. Your attorney advises against it saying the offer is too little, too soon. You want to wait, but the financial pressure is building. You have medical expenses, mortgage/rent obligations, car payments, and monthly household expenses. You don’t qualify for a bank loan, and friends and family can’t help. You see no other options except to tell your attorney to accept the inadequate offer.

That was yesterday’s marketplace. Today, there is litigation funding.

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Most of us rarely, if at all, think about being in a personal injury lawsuit. However, there could be a day when you need the services of a personal injury attorney, as well as a litigation funding expert.

Imagine for a moment that you were seriously injured by a distracted driver who ran a red light and slammed into your vehicle. Although a personal injury attorney can help you receive compensation for your loss, the legal process is complicated and can take months, if not years, to culminate. Even in the strongest case, the outcome is unpredictable, and the amount of judgment is not always clear. Furthermore, while your case winds through the legal system, no money is paid to you. How will you support yourself and your family financially with the mounting medical expenses and replacing your damaged car, especially if you are unable to return to work?

If you are a plaintiff in a pending lawsuit, obtaining litigation funding may be the answer while you fight for the highest possible settlement.

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Eight people died, and 25 others were seriously injured, including three young children, in a crash involving a Greyhound bus and a semi-truck in New Mexico. Some of the deceased had to be identified through fingerprints and other means.

The bus was hit head-on after the semi lost the tread on its left front tire, jack-knifed, and crossed the median. The cab of the truck flipped over; the trailer landed on its side. Debris from the semi and mangled bus was scattered across the highway. Investigators will be looking at maintenance and inspection records, as well as other factors such as driver fatigue and the condition of the roadway.

Two lawsuits have already been filed against the trucking company and the semi driver. Both complaints allege negligence and cite data from the Federal Motor Carrier Safety Administration that shows the company reported three crashes in the last two years.

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According to reports, the driver of a Nissan drove off a highway exit ramp and onto the grass before crashing into the driver’s side of a GMC truck stopped at a light. The truck driver was pronounced dead at the scene.

The Nissan driver was arrested and charged with causing a death while operating a motor vehicle while intoxicated. Police also found an open container of alcohol on the floorboard of his car, according to an incident report.

Nothing can be more devastating than losing a loved one due by a drunk driver. Funeral and burial expenses and other bills can pile up and the cost of fighting a wrongful death lawsuit can be staggering. Sometimes a lawsuit can take months, even years, before a settlement is reached.

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Construction is a necessary part of keeping roads safe, but construction sites can become just as dangerous as a bad road. Accidents in construction zones typically occur because of excessive speed, drunken or impaired driving, or driver distractions.

While the underlying cause of the following fatal Illinois truck accident has not yet been publicly disclosed, the crash highlights the possible severity of a tractor-trailer accident.

Last November, a tractor-trailer driver crashed into vehicles that had slowed or stopped in a construction zone on I-55 near Hamel, Illinois. According to the Illinois State Police, several witnesses told investigators that the semi was traveling an estimated 60 mph when it struck eight vehicles, even driving over some of them. Four people died as a result of the crash; a dozen others were injured. The truck driver was charged with four counts of reckless homicide and eight counts of aggravated reckless driving.

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Three people were killed when a medical helicopter crashed in wooded, rough terrain in northern Wisconsin. The pilot and two medical crew members were returning from delivering a patient to a Madison hospital at the time of the crash.

Authorities said that the Eurocopter AS350 helicopter’s GPS signal vanished shortly before 11 p.m. Approximately 25 minutes, dispatchers received a call that the chopper was missing. The wreckage was found 12 miles south of their destination. The cabin was crushed, and its rotors appeared to have been sheared off. Debris could be seen 100 yards away.

The cause of the crash is being investigated by the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA). Although a preliminary report is expected within the next two weeks, a full report could take at least a year. Investigators will be focusing on the weather at the time of the crash, the pilot’s background and training, and the chopper’s maintenance logs.