Posted on June 8, 2013 by Fast Lawsuit Team
Personal injury lawsuits are not only for injuries accidentally caused by another party’s negligence or careless acts. They can also be for intentional acts such as assault and battery, aside from felony or misdemeanor charges that may be included. Victims of assault and battery can sue for compensation for the injuries they sustained. In some states, the damages may also include punitive damages, especially if it can be proven that the offender acted with malice and with deliberate intent to harm the victim.
Assault and Battery: What’s the difference?
These two can come separately or together. However, it is important to note that these are two separate offenses. Basically, assault is defined as any threat or intentional act to harm or cause injury to another person, where the victim has reasons to fear for his safety. There is also the possibility and the ability to carry out the threat if preventive measures are not made. One can sue for assault even when there is no touching or actual contact involved and even when there really was no actual ability to inflict harm, such as a person trying to scare you with a realistic-looking toy gun. Although the rules covering assault and battery differ from state to state, for most states, the threat of harm would be enough.
Battery, on the other hand, involves actual contact. The person being sued actually touched or struck you in an attempt to do you harm. It involves offensive or harmful contact by the offender where the harm can be:
- direct and immediate (the offender directly causes injury, such as his punching the victim in the face)
- indirect and immediate (the offender does not have to make direct contact but was the source of the offensive contact, i.e. throwing a rock at someone)
- indirect and remote (the offender set a trap, which injures the victim a few days later)
Assault and battery can come in a number of forms:
- Assault with a deadly weapon. The offender uses a deadly weapon to threaten or to harm. Examples of deadly weapons include a gun, knife or baseball bat. This is often considered a criminal act.
- Assault and battery. This starts with a verbal threat that is followed by the actual use of physical force to injure. This is often considered a criminal act.
- Aggravated battery. The injuries sustained by the victim was caused by the use of a deadly weapon. This is often considered a criminal act.
- Domestic Assault and battery. This is assault and battery involving family members. Depending on the injuries sustained, this can be a misdemeanor or a criminal offense.
- Sexual assault and battery. The threat and actual use of force to perform sexual acts that are against the victim’s will or without his consent. This is often considered a criminal act.
Assault and Battery injuries are usually sustained during:
- Thefts and robberies
- Riots and fights
- Fights in public places (sports arenas, neighborhoods, bars, schools)
- Domestic violence
- Altercations with the police where police brutality is allegedly involved
- Sexual assault and rape
Who can you sue?
You can sue:
- The person who actually committed the act
- The person who ordered the act to be committed
- Property owners who fail to properly screen employees, where the employees are guilty of assault and battery
- Property owners who failed to provide adequate security to prevent assault and battery from happening in their premises
What can you sue for?
If you are injured due to an assault and battery incident, you can seek compensation for:
- Medical expenses (current and future) to treat the injuries sustained
- Loss of income/loss of job
- Expenses related to your recovery (i.e. therapy, adaptive equipment)
- Related expenses (i.e. the cost of childcare)
- Pain and suffering
While you are waiting for your assault and battery lawsuit to settle, you can get access to funds through lawsuit funding. Also referred to as lawsuit settlement advance, this provides you with money you can use to get the treatment you need, pay for your household needs, as well as build a strong case against the offender.
Usually, it is the urgent need for money that causes victims to settle for a lower compensation amount. With a lawsuit advance, you don’t have to do this. What’s more, the lawsuit settlement funding is based not on your employment or credit standing, but rather on the merits of your lawsuit. FastLawsuitMoney.com has streamlined its processes so that once your application is approved, you can get the money in as quickly as 24 hours.
Posted on June 1, 2013 by Fast Lawsuit Team
When you file a personal injury lawsuit against someone who has caused you injury, you can’t expect the person (called the “defendant” in legal terms) to take it lying down. Since a personal injury claim can involve a lot of money, there are some ways that a defendant can answer your lawsuit. As someone who has filed a lawsuit (or the “plaintiff), it is important to anticipate the arguments that the other party will advance towards his defense.
Here are some of them:
- Comparative negligence.Comparative negligence, as a defense, states that both the plaintiff and the defendant were responsible for the accident and thus, they are also partially responsible for the damage. This means that the defendant only gets to pay a portion of the compensation amount, depending on the degree of his fault with regards to the accident. For instance, if the defendant has successfully shown that the plaintiff is 20% responsible for the accident, the defendant will only be liable for 80% of the total compensation amount. Comparative negligence as a defense may work differently on different states. There are states that follow the modified comparative negligence system, where the plaintiff should be responsible for 50% or less of the accident for him to be able to sue for compensation. There are also states that adhere to the pure comparative negligence system, where a plaintiff can sue for compensation as long as he is not completely at fault.
- Contributory negligence. Only a few states use this rule. This includes Alabama, Virginia, Maryland and North Carolina. Under the contributory negligence system, even if the injured party were only partly at fault, he cannot claim for compensation. This means that the defendant can try to show that the plaintiff was also partly at fault and is therefore barred from making personal injury claims.
- Assumption of risk. If the plaintiff knew that a certain activity or sport was risky but participated in it anyway, the defendant can try to use “Assumption of Risk” as a defense. This is usually seen in contact sports, where the injury was closely related to the risk assumed. If you tripped in the field while playing football, you don’t usually get to claim for compensation because tripping over another player may happen during such games. When you played that game, you should have known that as one of the inherent risks of the game and you knowingly assumed that risk. However, if the injury was due to your tripping over an obstruction that should have not been in the field and that the property manager should have known about and failed to act upon it, then you can file for compensation.
- Intervening Cause. In this defense, the defendant will try to show that it was another separate and independent event that actually caused the damage. This “other event” usually comes after the defendant’s act of negligence and the injury that the plaintiff suffered. The intervening cause cuts off the chain linking the defendant’s negligence directly to the accident that caused the injury. For this defense to be successful, the intervening cause should be unforeseeable. For example, if the janitor failed to wipe a spill and someone slipped on that wet section, the janitor’s actions were directly responsible for the accident. However, if the janitor forgot to set a pail of water aside and an earthquake occurred, causing the pail’s contents to spill, it could be said that the earthquake was an intervening cause and that the janitor (and the property manager) is not completely liable for the accident.
- Lack of foreseeability. Here, the event that resulted in the injuries is so unforeseeable and thus, frees the defendant from liability. For instance, if a property manager failed to have the saggy carpeting fixed and someone slipped on it. The person who slipped was otherwise okay, but his companion had a heart attack because of the event. Even though it was the property manager’s negligence that caused the slipping incident, he could not have foreseen that it would cause a heart attack.
- Failure to mitigate injury. If you were injured in an accident caused by someone else but you failed to have your injuries treated promptly, the erring party can only be liable up to the extent of the injuries he directly caused. That means that compensation for additional injuries (i.e. infections) will not be included in the compensation amount.
As you can see, filing a personal injury lawsuit is no simple matter. You will need patience, as well as the skills of an experienced personal injury lawyer to ensure that your rights are protected and that you are able to get the fair compensation that you deserve. Another way to ensure this is to get lawsuit funding.
A lawsuit settlement advance provides you with ready cash at the time when you are dealing with hospital bills on top of your family’s daily needs. This forestalls the need to settle for a lower settlement amount.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement funding. It has a streamlined applications process to make it easier for victims to have access to funds at the time they need it the most. With FastLawsuitMoney.com, you can get the lawsuit advance in as quickly as 24 hours once your application is approved.
Posted on May 15, 2013 by Fast Lawsuit Team
You were injured in a vehicular accident caused by a delivery truck driver or a teenager who does not have a license and who “borrowed” his parents’ car for a joyride. The bad news is, the party who directly caused your injuries does not have the money to pay for the damages and injury you suffered. What do you do?
You can file for a personal injury claim citing vicarious liability. This allows you to run after another party for the compensation you deserve. Vicarious liability is a doctrine in personal injury liability that holds an entity (a person or a company) liable for the actions of another party. This can be a parent/guardian or an employer – entities that usually have “deeper pockets” and have the financial means to pay the compensation being demanded.
Vicarious liability for employers
Employers are the usual recipients of a personal injury lawsuit involving vicarious liability, since employers receive benefit from their employee’s actions. The following are the elements that cover this kind of lawsuit:
- Employer control. If the employer can be shown to have contracted the employee and pays the employee a wage, the employer can be considered vicariously liable. Furthermore, it should be shown that the employer exercises inherent authority over the employee. The complainant needs to show that the employee works under the supervision, direction and control of the employer.
- Employer’s acts of negligence. An employer can be held vicariously liable if it failed to exercise reasonable precautions to prevent injury:
- The employer hired someone who he knows is unqualified for the job or he has failed to screen the applicant properly
- The employee showed that he does not have the skills for the job but the employer delayed or did not re-assign or terminate the employee
- There were no mechanisms to prevent harm caused by an employee’s mistakes (i.e. not enough training, no policies and procedures or no supervision)
- The employer failed to provide adequate training for the employees
Individuals who are under a contract for services (i.e. independent contractors) are usually excluded and it may be more difficult to sue for vicarious liability.
- Injury contracted while employee was doing his job. It needs to be shown that the actions that caused the victim’s injury were within the scope of the employee’s job responsibilities. This means that if the truck driver who bumped into the victim’s car was on his way delivering goods for his company, the company can be sued for compensation. However, if the truck driver was driving his own car after office hours, vicarious liability against the employer may not hold.
- Authorized or unauthorized actions. Another element would be how the employee acted. If the actions that caused the injury were authorized because it is within the scope of employment, the employer can be held liable. If the employee performed his authorized tasks in a haphazard or dangerous manner, the employer can still be held liable as well. If the employee performed an act that was expressly prohibited or is illegal, the employer cannot be held liable unless it can be shown that it failed to expressly prohibit the act.
If the injuries were caused while the truck driver was doing illegal things or things that are not within his scope of responsibilities, there may be no link to show vicarious liability. For instance, if the truck driver was doing personal errands during his working hours and that was the time the accident occurred, the employer cannot be held liable.
Vicarious liability for parents
Minor children still fall under the supervision of their parents. This means that if a minor acts in a way that directly caused injury or harm to another, it can be shown that these acts were due to the parents’ own negligence or failure to act appropriately to prevent those acts.
Parents may be held vicariously liable when it can be shown that:
- The child was acting within the scope of the parent’s authority or even under the parent’s consent or approval (i.e. the parent let the minor drive the family car to pick up the laundry from the drycleaner’s).
- The parent’s failure to provide proper supervision or implement appropriate restrictions, when the parent knows the child’s tendency to act in a way that will endanger others. (i.e. The parent kept the car keys at a place that was easily accessible, knowing that the minor has a tendency to “borrow” the car and drive it without a license).
- The parent negligently entrusted an instrument that could be unreasonably dangerous if a minor gets hold of it. (For instance, a parent fails to securely lock his gun in the gun safe and instead, keeps it lying around where a child can play with it and accidently shoot somebody).
Lawsuit Funding for Victims
As you can see, vicarious liability is not a simple matter. It is but natural that employers will exercise all means to defend themselves against the lawsuit. This may mean that you, as the victim, will have to wait longer than expected in order to receive the compensation you need. This means that in the meantime, you will have to dig deep into your pockets for medical expenses, household bills and even for legal costs related to your lawsuit. To free yourself from any financial worries, you can apply for a lawsuit settlement advance.
Also called lawsuit loans, these are non-recourse loans that you only need to pay back when the lawsuit settlement has come through. If the lawsuit fails to settle, the money does not have to be repaid. A lawsuit settlement advance can come during a time when you need it most. The good news is that at FastLawsuitMoney.com, you don’t need to jump through hoops and produce mounds of documents for you to file your application. The applications process is fairly simple and once you get approval for the lawsuit funding, you can receive the much-needed funds within the day.
Posted on May 8, 2013 by Fast Lawsuit Team
Relaxing and having fun, for some, invariably involves alcohol. There is something about that rich liquid running along your system to get you into the mood. The enjoyment of being with your buddies, swapping stories about your day, cheering on a friend’s success or celebrating a deal you have recently closed is taken up an extra notch when you add alcohol into the mix.
That is why a lot of establishments – pubs, bars, restaurants, and clubs have alcohol as part of their offerings. There are also liquor stores and wine shops that provide a wide range of choices for both the beer guzzler and the wine connoisseur.
These establishments are required to obtain a license from the local government for them to be able to serve liquor. They should also ensure that they do not sell their liquor products to someone who is intoxicated nor allow drunk customers to drive. This will prevent them from being held liable for a dram shop claim – where their serving of alcohol has contributed to a car accident that caused harm and physical injury to individuals.
What is a dram shop claim?
Bars and other establishments that serve liquor should refrain from serving more alcohol to someone who obviously has had enough to drink. Bar tenders and servers must be adequately trained to serve liquor in a responsible manner. Otherwise, the establishment will also be held responsible for DUI incidents resulting from their serving the erring driver.
A DUI incident may have catastrophic consequences. The damages involved may not be sufficiently covered by the drunk driver’s car insurance. Some victims, in an effort to fully recover the damages due them, also run after the establishments who provided the liquor that contributed to the driver’s inability to drive as he should.
A dram shop claim can be proved by showing:
- Proximate cause. The victim of the DUI accident needs to show that the driver was drunk at the time of the accident. The influence of alcohol resulted in the accident and since the establishment served the alcohol that caused the driver to get drunk, the establishment is also liable.
- Sale of liquor to minors. A claim can also be made against an establishment that sold liquor to a minor or to persons who failed to show valid ID.
- Illegal sale of liquor. An establishment can also be held liable for a dram shop claim if it sold liquor without a license or selling the liquor after the specified hours.
Dram shop claims can also be applied to assault and battery lawsuits or to other acts of the drunken customer that resulted in the personal injuries of other parties. For instance, if the drunken customer got into a fistfight and injured some other customers, the restaurant who served the liquor can be liable through a dram shop claim. The dram shop claim can only be applicable to other parties – there will be no liability if the drunken customer hurt only himself.
Dram shop claims can be challenging. There are statutes of limitations involved. The victim must file the lawsuit against the establishment before a specific period. The lawsuit should also be able to show proof of sale of the alcoholic drink by the establishment, statements of witnesses (that can testify that the establishment over served liquor to the driver), as well as police reports that contains indications that the driver was served high levels of alcohol. For some states, there are also limits as to the amount of compensation that the establishment should be liable for.
Getting Financial Help While You Recover
Your recovery will not only be your physical recovery. You also need to recover the damages your personal injuries caused. This will mean filing a personal injury claim against the drunk driver, as well as a dram shop personal injury claim against the establishment that served the alcohol. While you are waiting for your lawsuit to be heard and settled, it may be a good idea to consider getting lawsuit funding.
Getting treated and recovering can drain you financially. And while you are recovering from your injuries, you may be unable to earn an income. You may even lose your job. It may be tempting to accept low settlement offers from the driver’s (as well as from the liquor establishment’s) insurance companies. With your financial situation, you may feel that you have no choice but to sign off on your rights to claim for the amount that is due you by law.
A lawsuit settlement advance will help you negotiate for fair and just compensation from a position of strength. With the money you have from the lawsuit loan, you can say no to compensation that you know is far below your actual medical expenses and damages. You can get lawsuit funding from FastLawsuitMoney.com – it has since built a solid reputation for streamlined applications processes. With FastLawsuitMoney.com, you can get the much-needed cash within 24 hours from the time the lawsuit funding application has been approved.
Posted on May 1, 2013 by Fast Lawsuit Team
In the popular reality show “Here Comes Honey Boo Boo”, viewers were aghast (but weirdly fascinated) when Mama June talked about her “forklift foot”. Apparently, while she was working in a factory, a forklift ran over her foot, injured it and left it deformed. She has been hiding the deformity, even to the point of keeping that foot covered while getting her pedicure.
Forklift injuries are, surprisingly, very common. As Mama June said herself, “I’m sure I ain’t the only person to get run over by a forklift.” In fact, statistics show that more than 11% of all forklifts in the country will be involved in an accident. Forklifts also are involved in more than 80 fatalities annually, as well as around 35,000 serious injuries and some 62,000 non-serious injuries.
Forklifts are very important machines that make moving heavy boxes and pallets around easier. Forklifts, however, are accident prone because the machines themselves are heavy but also need to carry more weight. The forklift driver may also have problems with visibility since the load he carries may also block his view. And because of the weight involved, forklifts are very hard to control and slow down. Aside from the driver’s mistake, conditions present in the workplace or factory may also be contributory. These include a noisy environment, insufficient lighting, lack of safety equipment or traffic control and lack of space by which to maneuver the forklift properly.
As a result, forklift accidents may involve a person getting run over or has the load falling onto him. A forklift may also be overturned and crush someone. There are also cases where the forklift falls off the loading dock or collides with another forklift.
Forklift injuries can be serious, life-threatening or cause permanent disfigurement or disability. Injuries can involve:
- Crush injuries and amputations. Like Mama June’s foot, other body parts (arms, hands, legs, feet and torso) may be crushed by the weight of the forklift or the load it carries. In some scenarios, the victim may have to undergo amputation of a limb.
- Back injuries. Operating the equipment itself can be hazardous to the operator’s health. If the equipment does not have sufficient suspension or if it is operated on an uneven surface, the driver can suffer from injuries to the spine, back and neck.
- Wrongful death. Collisions and dropped loads can be fatal. So could the driver’s inability to escape when the forklift falls off the loading dock and into the water.
Claiming for a Forklift Accident
If you are a victim of a forklift accident, you can see whether the employer has been negligent in providing safe working conditions for you. Companies are responsible for:
- Ensuring that forklift operators are licensed and trained to operate the equipment
- Ensuring that horseplay and reckless driving are strictly and expressly prohibited in the workplace
- Ensuring that the workplace is well-lighted and that there is only a reasonable volume of traffic in the workplace
- Providing warning and traffic signs and sounds (that signify that a forklift is in operation)
- Providing enough space for the forklift to maneuver and that slopes are not too steep
- Putting up guard rails and walkways to protect pedestrians
- Ensuring that the forklift is properly maintained
The company’s failure to provide the above safety mechanisms will render the company liable for your injuries.
But what if the accident was caused by a fellow worker? The employer may still be held liable by virtue of vicarious liability. Even though it was your co-worker’s direct act that caused your injuries, you can still file against the employer because it was their employee who caused the accident. The employer is responsible for the actions of the employees while they are doing their responsibilities.
As a victim of a forklift accident, you can claim for:
- Medical expenses, both present and future
- Therapy and related costs of recovery
- Lost income/lost job
- Loss of use/enjoyment
- Pain and trauma
Going through medical treatment and recovery from forklift injuries can be traumatic and painful. This can be further compounded by the stress of having to wait for the lawsuit to settle for you to get the money you need to pay for medical bills. You can turn to lawsuit funding to help meet your financial needs in the meantime.
A lawsuit settlement advance can be a welcome lifeline during the time when you need money for your hospital bills, your mortgage payments, groceries and other day-to-day needs, as well as the cost of therapy. There may also be some legal costs that you need to cover.
Also called lawsuit loans, this provides quick and easy access to funds without the hassle that usually involves applying for a loan. Unlike a loan, you don’t have to present your credit rating or your employment status. Lawsuit funding is also a non-recourse loan, which means it only has to be paid back once the lawsuit settles. When considering a lawsuit loan, it is highly advisable to go to a reputable company such as FastLawsuitMoney.com.
Posted on April 10, 2013 by Fast Lawsuit Team
Juggling work and family is not easy. Parents would have loved to stay at home and care for their little ones. However, the need to entrust the care of their loved ones to someone else has become a necessity. Sometimes, a two-income household becomes a must just to ensure that the family is financially stable – the mortgage is paid, the children’s college fund is regularly increased and the family’s savings is topped up.
The remaining choice will be to entrust your child to a daycare facility. When the daycare “enrolls” your child into their facility, they assume the responsibility for your child. This is a serious responsibility, one that the daycare facility should not take lightly. While in the facility (which you pay for to take care of your child), the daycare has the responsibility to provide a safe environment, to be under the constant supervision of the facility’s staff and to be protected against all forms of maltreatment.
There are a lot of scary stories about children getting hurt while in the care of others. In Tampa, Florida, a three-year old was left alone in a van for about 4 hours. This leaves the child vulnerable to heatstroke and suffocation. In one incident, a child died in a home daycare facility when the owner left the house with the stove on and a fire ensued. One cannot imagine the horrors that the parents went through to discover that the very institution they put their trust in was the one who caused their children hurt and harm.
The government has established regulations and required licensing to ensure that such facilities operate according to specified standards. All employees are required to submit to a series of screenings and background checks. With all these, there may be some that slip through the cracks. And the unacceptable happens. When you have proven your child to be a victim of daycare neglect or abuse, you need to act quickly and aggressively to make the responsible parties answer for the abuse. You can also sue for compensation. This is not just about getting the money – but ensuring that your child (and as a result, other children) are protected from abuse.
Responsibilities of a daycare facility
A daycare facility is expected to:
- Maintain safe and clean premises, equipment and toys
- Establish and implementing rules for safe play
- Ensure that there is qualified and proper supervision
- Maintain the confidentiality of the child’s information
- Screen all employees and provide appropriate training
- Ensure the child’s safety and security while on the premises
- Be aware of the child’s medical needs and dietary restrictions
Before enrolling your child in a daycare
The first step to preventing your child from being a victim is to thoroughly check your child’s daycare center before you even enroll him. Here are some things you can do:
- Make a visit to the facility and check the equipment
- Interview the director, staff as well as other parents
- Take a look at the surroundings to see that these are clean and free of any hazards
- Inquire about the daycare facility’s license, as well as documentation for their policies and procedures
- Ask about the screening process of employees
Watching for signs of abuse or neglect
It is also helpful to be alert for any signs of abuse or neglect. Here are some of the signs you should be watchful of:
- Changes in behavior and mood. Is your child suddenly withdrawn, moody or depressed?
- Unexplained injuries, bruises or cuts
- Refusal or hesitance to go to the daycare facility
- Showing fear of a particular member of the daycare staff
- Sexual acting out in a way that is inappropriate or unusual
- Malnutrition or dehydration
- Changes in the toilet habits of your child
- Rapid and unexplained weight loss
- Depression or hostility
- Changes in the child’s sleep patterns
Filing a Lawsuit against the Daycare Facility
Your daycare facility should be held accountable for hurting your child. This includes any neglect or abuse inflicted by their staff. You should also demand for compensation for medical expenses (including therapy), as well as any related expenses. The therapy costs involved may most likely be long-term and will not cost a pretty penny.
It is only right for you to file for compensation. You can consult an experienced attorney as you prepare and file your lawsuit. This time can be especially trying for the family. The lawsuit can be an emotionally draining experience for both the child and the parents.
Lawsuit cash advance can help you fight it out with the daycare facility and ensure that they answer for their neglect or abuse. With the cash from the lawsuit settlement advance, you don’t have to be swayed by a tempting offer by the daycare facility.
Lawsuit loans are a way for you and your family to get access to cash without having to go through the hassle that usually is usually involved in applying for a loan. Lawsuit funding is also a non-recourse funding – this means that you only need to pay it back when the lawsuit settles.
Posted on April 7, 2013 by Fast Lawsuit Team
Personal injury and wrongful death lawsuits aim to get compensation for the physical injuries that a victim incurred because of the actions of another. However, the erring party has a defense: mitigation of damages.
The Responsibility of the Injured
The injured person has the responsibility to take reasonable action so as to minimize the damage incurred, whether this is physical injury or monetary loss. As a victim, he can avoid further losses by acting like any reasonable person would have acted in the same situation. This can include getting immediate medical help so that the injury did not get worse and required a more expensive procedure. One example would be an injury that resulted to amputation because the victim failed to have the injury treated and as a result of the neglect, the injury was infected.
“Mitigation of damages” is a defense that the party being sued (the defendant) can take in an effort to decrease the compensation he is to provide the victim. It is also called the avoidable consequences defense. In the lawsuit, the defendant will try to show that the victim did not fulfill his obligation to “mitigate the damages”. If the defendant can prove that part of the damages were a consequence of the victim’s own wrongdoing, the monetary equivalent of the loss that could have been minimized or avoided will not be included in the portion of the compensation.
Mitigation of damages can be used to deduct for compensation for the following reasons:
- Did not seek immediate medical attention. Right after an accident, even if the victim feels “okay”, he should immediately go to the hospital to have his condition checked. This may include having an x-ray and having injuries treated. The gap between the time of the accident and the time he sought medical treatment should be reasonable. For instance, if it is fairly obvious that he needs treatment (his arm is bleeding profusely), it can be shown that any reasonable person will go to the hospital right away. A longer gap can be reasonable when there is no obvious injury. However, there have been cases where personal injury lawsuits covering soft tissue where denied because the person did not seek treatment.
- Refusing reasonable medical advice. Here are some examples:
- The victim receives a prescription for medication but fails to follow it.
- The doctor advised at least three days of bed rest but the victim went on doing heavy work such as lifting.
- The doctor recommended the patient to lose weight but the patient does not make any effort towards this end.
- The doctor advised the patient to come back if pain is recurring.
These are medical advice that any reasonably prudent person would follow, knowing that not doing so would have affected the injury.
- Electing not to undergo surgery. If the doctor recommended surgery, the patient has the right to refuse. As a result, the patient’s injury could have worsened or the damages could become permanent (i.e. loss of eyesight due to an infection). The defendant is not liable for any damages if these could have been avoided had the victim agreed to a surgery. The defendant can try to show that any reasonable person would have agreed to have the surgery, that the surgery is standard, has a high rate of success and poses little risk. However, the counter-defense can be that the surgery poses a high level of risk and may even result in the victim’s death. In this case, the compensation will include losses that resulted from the victim’s refusal to undergo surgery.
- Opting for alternative treatment. This includes other alternative treatments other than that offered by the doctor. This includes homeopathy, use of herbs, chiropractic and acupuncture. This can also mean home remedies or DIY (do-it-yourself) treatments. For instance, if the victim is wounded during a car accident, the usual response would be to have the doctor stitch it up so that there is no scarring. However, the victim opted to just treat it by himself because he was afraid of needles. If the wound resulted in permanent scarring and disfiguration, this is not payable because the victim did not act reasonably to mitigate the damages.
- Failure to look for alternative work. If the victim wants compensation due to loss of income, he should also show that he has made every effort to find alternative work in the event that his injuries prevent him from doing his usual line of work.
- Refusal to be retrained for another line of work. If the victim can no longer perform the duties of his past occupation, he can seek retraining so that he can be employed in another line of work. Refusing to do so can result to a decrease in his compensation related to loss of income.
If you are a victim of an accident caused by another person’s fault, it is very important that you act to mitigate the damages. A personal injury lawsuit can actually be long, drawn-out and frustrating process. One way to mitigate the losses (and to also ensure your complete recovery) is to seek proper medical treatment. But often, with one’s financial situation, it is tempting to do away with going to the doctor.
Lawsuit funding can help provide you with the money to get the treatment you need. Also called a lawsuit settlement loan, this is non-recourse funding that is provided for victims of personal injury who are waiting for the settlement of their compensation. Unlike a regular loan, lawsuit funding is provided based on how strong your case is. Also, paying the lawsuit funding back will only be expected when the lawsuit has settled.
If you are interesting in applying for a lawsuit loan, go to a reputable provider such as FastLawsuitMoney.com. With FastLawsuitMoney.com, you are assured of a hassle-free applications process. Once you are approved, you can get your cash as quickly as 24 hours.
Posted on April 4, 2013 by Fast Lawsuit Team
Having facial injuries not just affects one’s physical appearance. It also has a profound effect on one’s sense of confidence and self-esteem. This can be particularly distressing when the facial injury is the result of one’s negligence or willful act.
Facial injuries are caused by any of the following: explosions and fires caused by a leaky gas pipe, a slip and trip incident, a construction accident, a car accident, flying objects and flying debris or an animal attack. More often than not, the facial injuries are just part of other injuries that a victim sustained. There are also cases where medical or dental malpractice is the culprit. A mistake during a cosmetic procedure can render damage to the facial nerves. Or, a dentist can be careless with a dental procedure and this can result in a serious infection. If a worker is not provided with the necessary equipment to protect against facial injuries such as masks, mouth guards, helmets or goggles, he can also get serious facial injuries.
The term “facial injury” covers a lot of ground and can make the victim eligible for compensation, depending on the severity of the facial injury:
- Burns. Facial burns not just occur due to fire or extreme heat. It can also be caused by chemical substances. Facial burns may also be caused by the use of toiletries or cosmetics that have harsh chemicals. When left untreated, facial wounds may become infected. Burns and scalds are quite painful and can cause deep and unsightly scarring.
- Injuries to the eye that may result to loss of sight. When the sensitive parts of the eye (including the lens, cornea, eyelid or eye socket) are injured, this can cause one to lose his eyesight, whether partially or totally. This kind of injury may be caused by objects flying at high speeds (such as debris scattered on a high way), excessive force (such as falling and hitting a hard surface), as well as bright light (welders can be especially vulnerable).
- Facial wounds. This can range from a simple cut, wide abrasions, to deep puncture wounds or lacerations. These wounds can be caused by sharp objects such as a knife, broken glass or exposed steel bars.
- Fractures. This can be very painful fractures to the jaw, cheekbone or nose – even the eye socket!
- Mouth and teeth injures. In an accident, teeth can become misaligned, cracked, chipped or knocked out. Mouth injuries can involve the gums, lips, inner cheeks, or tongue.
Getting compensation for facial injuries
If you suffered serious facial injuries because of someone else’s actions, you can demand compensation for:
- Medical costs. This can include cosmetic procedures, as well as therapy.
- Costs related to the treatment. This can include transportation costs as one goes to follow-up treatments and check-ups, as well as the cost of housekeeping and childcare.
- Lost income. This includes income you lost during the treatment and recovery period, as well as lost income that was caused due to your inability to find a job because of your situation. This can be compounded if your looks are an intrinsic part of your job (i.e. as an actor).
- Pain and suffering. Money can never really compensate for the trauma and suffering that a facial injury victim goes through. Each surgery also involves painful recovery periods. There is also the emotional and psychological trauma of having a disfigured face.
- Scarring and disfigurement. The injuries can be such that even with extensive cosmetic surgery, a person can still be left disfigured or with permanent scars. There are also instances where the injuries have caused permanent numbness and loss of use.
- Loss of enjoyment of life. Facial injury victims do suffer from the effects of scarring and disfigurement. This can hamper one’s ability to make and maintain relationships. The psychological trauma can also leave him with a tendency to be shy and nervous about doing the things he used to enjoy, such as going to the mall and other public places, playing a sport or driving.
You can sue the party who caused the injuries for compensation. Make sure that before you file your lawsuit, you are able to keep evidence in the form of photographs of the scene of the accident, police reports, doctor’s reports and so on.
The process of filing a personal injury lawsuit can be difficult, discouraging and lengthy. The expenses involved in the lawsuit, coupled with the expenses during the treatment, can drain you financially. This is when a lawsuit cash advance can help.
Lawsuit funding is a way for you to get quick and hassle-free access to cash at a time when you need it. While you are waiting for your lawsuit to settle and you are undergoing extensive treatment for your facial injuries, the lawsuit loan can be a vital lifeline in making sure that you stay focused on your recovery, as well as in getting the right amount of compensation. The other party can try to negotiate by giving you a lowball settlement offer. If you don’t have the funds you need, you may be tempted to give in.
With a lawsuit settlement advance, you can say no to such offers and stick to your guns in insisting for the fair and just compensation that you deserve. The good thing about a lawsuit settlement advance is that is non-recourse funding. Unlike a loan, it is not something that is based on your current financial status (your employment and rating). It is based on the strength and merits of the case. You also don’t need to pay it back in the event that the lawsuit fails to settle.
Posted on November 18, 2012 by Fast Lawsuit Team
Woosh! Woosh! The pure, powdery snow is a joy to behold for snowboarding and skiing enthusiasts. There is something unreal and utterly enjoyable about gliding speedily across blaringly white snow, the cold wind in your face and your hair and the feeling of freedom and exhilaration this brings.
Sadly, though, it’s not all fun in the snow. Skiing and snowboarding accidents can be more common than you think. After all, these sports are inherently dangerous. According to statistics, more than 150,000 are seriously injured in the ski and snowboarding slopes annually. In addition, there are 40 ski or snowboarding-related deaths and about the same number disabled or paralyzed. Annual medical bills for injuries caused by skiing or snowboarding accidents have exceeded the $250 million mark.
Skiing and Snowboarding Risks
Skiing and snowboarding is about speed and stunts. As one gains proficiency in skiing or snowboarding, he would want a higher level of challenge to test his skill. Skiers and snowboarders know the risks of their sport of choice. These risks include:
- Risk of avalanche
- Collisions with other people in the trail or snowboarding area
- Collisions with objects
- Falls (especially from ski lifts)
- Accidents caused by defective equipment
- Accidents caused by lack of adequate signs and warnings
- Accidents caused by inadequate instruction from the instructor
If you are lucky, you can get up from these accidents none the worse for the wear, able to brush off the snow and have another go at the slopes in an effort to redeem your wounded pride. Sometimes, you will have to deal with a twisted ankle, a bum knee or minor scrapes and bruises. In some instances, though, the accident may cause catastrophic injuries that will radically change your life. This can include severe facial or spinal cord injuries, brain damage, disablement or even death.
Most states, in recognition of the high-risk status of skiing and snowboarding, have already instituted limits that injured skiers and snowboarders can recover from their injuries. However, there are still instances where a personal injury lawsuit can be filed in an effort to claim compensation for slope hazards that are non-obvious and unmarked.
These non-obvious hazards include:
- The failure of the ski resort owner or operator to maintain the equipment
- The failure of the ski resort owner or operator to mark obstacles that you might bump into (especially if you’re going downhill)
- Faulty design of the ski or snowboarding terrain (especially if you’re going downhill)
- An instructor bringing you to a ski or snowboarding slope that is more difficult than your current ability
- Unmaintained slopes where there are rocks, dirt patches, tree branches or other debris present
- Collisions with other skiers or snowboarders who were acting in a reckless manner (in this instance, you can file the lawsuit against the skier or snowboarder who caused your injuries)
- Faulty equipment (where you can sue the one who rented the equipment out or if you bought the equipment, the manufacturer of the defective product)
- Falls from lifts, if these are caused by defective design, operator negligence or faulty maintenance
In most of the hazards stated above, the ski resort operator or owner is the one who is liable for the damages.
Compensation for a skiing or snowboarding accident personal injury lawsuit
You can file a personal injury lawsuit for your skiing or snowboarding injuries to claim compensation for:
- Medical expenses (including future expenses) in the treatment of the injuries
- Cost of therapy and rehabilitation
- Other out-of-pocket expenses
- Lost income, diminished earning capacity or job loss
- Loss of consortium
- Pain and suffering
- Disability or disfigurement
- Exemplary or punitive damages
The Complexities of a skiing or snowboarding accident personal injury lawsuit
Personal injury lawsuits covering skiing or snowboarding accidents can be complex.
“Assumption of risk defense”. The party you are suing may raise the defense that you already knew the risks involved with skiing or snowboarding yet you participated in the sport anyway.
Statute of limitations. There is also a statute of limitations where you can only file your personal injury lawsuit within a certain period of time, usually two years. After the statute of limitations has expired, you can no longer seek compensation for your injuries.
Limits for amount of compensation. Please also note that in some states have limits to noneconomic damages related to skiing or snowboarding accidents. Colorado has imposed a maximum limit of $500,000 for noneconomic damages.
Lawsuit funding. After you file a personal injury lawsuit, you can also seek for financial help via a lawsuit loan. This provides you with quick access to funds that you can use for your treatment, recovery and other concerns.
Lawsuit cash advances are provided by companies such as FastLawsuitMoney.com to help hapless victims of personal injury move on more quickly, even as they wait for their lawsuit to be settled. This kind of funding is non-recourse funding, where you are only expected to pay the money back once your lawsuit is settled.
Posted on November 15, 2012 by Fast Lawsuit Team
The structure and strength of your vehicle is brought to bear when you encounter a road mishap. The roof of your car is not just a protection for rain, heat and hail. It has to be strong enough to provide the “shell” to shield you from further injury if ever your car turns turtle. If your vehicle rolls over, your car should still protect you and you can come out of that incident a bit shaken, but still in one piece. Of course, this is when you are wearing your seatbelt.
However, there are instances when the structure of your car’s roof is not strong enough. Instead of protecting the passengers, some roofs give way and cave in. As a result, doors and windows break open to that passengers are crushed inside the car.
Sadly, some car manufacturers have chosen to scrimp on the structure and strength of the roof. Thus, roof crush and roof defects can occur and result in catastrophic injuries to the passengers. Often, these defects can be traced back to:
- The use of substandard materials, especially in the supporting structure of the roofs, including railings and pillars
- Defective design, where not enough support is incorporated in the design of a particular model
- Faulty manufacturing processes, such as improper welding of the pillars, metal panels, cross-members, windshield headers and so on
Serious injuries can result from a roof crush accident. These can include:
- Severe spinal cord injuries
- Traumatic brain injury
- Head and neck injury
- Fractures and broken bones
- Loss of limbs
Defective Product Liability
Safety standards. The Federal Motor Carrier Safety Administration (FMCSA) requires a car to pass some tests to prove that that particular model is “roof crashworthy”. Based on Standard 216, the roof of the vehicle should be able to hold up the one and a halt times its weight without collapsing for more than 5 inches into the passenger’s space. However, this does not signify whether a car’s roof is strong enough to withstand the force involved when a car actually turns turtle at a given speed.
Strict liability. A car manufacturer is responsible for producing safe cars. This means that the design and manufacturing of the car are done in such a way that it protects against known risks. The possibility of a roof caving in and crushing its passenger is one of these foreseeable risks. A car manufacturer can be held liable for a weak roof if it can be proven that this made the product unreasonably dangerous and the product resulted in harm. The victim does not have to prove where and how the car manufacturer was negligence.
Other responsible parties. Aside from the car manufacturer, you can also seek compensation from other responsible parties, such as the driver who caused your car to turn turtle or a government agency that was in charge of maintaining the roads and ensuring that there are no design hazards or dangerous obstructions. If the roof crush is a result of a defect in the parts, you can also turn to the parts manufacturer for compensation.
A personal injury lawsuit may last longer than you think, given that you are battling with a car manufacturing giant. A lawyer who is experienced with the ins and outs of roof crush cases will help a lot in bolstering your case and in gathering the necessary evidence. He can look into the statistics of roof crush injuries linked to your vehicle’s model and make.
Aside from these, you may also need the help of the following:
- Engineers and vehicle experts. They will testify as to how the defect or weakness in the roof contributed directly to your injuries.
- Your doctor or other medical practitioners. They will outline the extent of your injuries and the kind and length of treatment and therapy you need.
- Vocational rehabilitation experts. They will look into the effect of the injuries on your capability to perform your tasks for your own occupation, for other occupations that suit your experience and training and for other alternative occupations. They will state whether you will need additional vocational training.
Also, you may need some expensive testing. For instance, roof strength testing can be done to prove that the car manufacturer failed to meet federal standards.
As you can see, suing to gain compensation for your injuries can be quite complicated. The case can also be long and drawn out. During this time, it is important to establish a solid financial base. This is to help pay for medical expenses and provide for your family’s day-to-day needs as well as cover court-related costs. Lawsuit funding is a good source of the money you need.
Also referred to as a lawsuit loan, this kind of funding will look into the merits of your case, rather than on your financial capability. This means that you don’t have to pay back the money from the lawsuit cash advance if the lawsuit is not settled and the compensation is not paid.