Posted on April 18, 2012 by Fast Lawsuit Team
For you to be able to file a personal injury case, you need to show the “smoking gun” – to put the fault and responsibility of the injuries and damages you sustained squarely on the court of the party you are suing. Proving the other party’s liability is the very foundation of a personal injury lawsuit. If you and your lawyer can’t prove how the other person is responsible for the pain, suffering and damages, then you can’t expect to claim for personal injuries.
What is liability?
For someone to be considered liable, it must be proven that:
- There was a duty of care that the party owes you, the complainant
- That duty was violated/breached by the other party
- There is a direct relationship to this breach of duty and injuries suffered by the complainant
- You suffered from damages and loss because of the injuries
Legal Duty to Use Care. The relationship between the complainant and the defendant must be that the defendant has the responsibility to ensure the safety of the complainant by virtue of their “relationship”. For instance, a doctor has an oath to do his patients no harm – the medical world has stringent standards of service and a doctor can lose his license for serious breaches of duty of care. A manufacturer has the obligation to ensure that products sold will not cause injure its buyers. A driver has the responsibility to ensure that passengers and pedestrians will not suffer harm from his driving. A property owner/mall manager has the duty to ensure shoppers are safe inside the mall. A homeowner who has a pool should make sure no one drowns in the pool.
Breach of Duty of Care. Simply put, the breach would be something that the other party should do and did not do or something that the other party should not have done but did. This is if it can be shown that another person who is reasonable could have foreseen the risk and done something to prevent it. Because of either an act or an omission of an act, this party put you at risk and subsequently injured you.
Causation. Of course, there can be no personal injury lawsuit based simply on the possibility or risk of injury. You can’t sue because conditions have been made risky by the other party. An actual injury must occur. And this injury must be caused by the other party’s acts or lack thereof. For instance, you can’t sue because there is a puddle in the floor, causing it to be slippery. You can’t sue the mall owner because of the slippery floor. However, if you slipped on the floor while walking along the mall and you can prove that the owner should have done something about it, you can sue for personal injury. Finally, an injury must actually occur. If a duty is breached and no injury occurs, there is no negligence claim. Furthermore, the breach must be the actual and proximate cause of the injury. If, for example, the person operating the chainsaw is using it in an unsafe manner, but you are injured by something unrelated to his or her unsafe actions, the claim of negligence would not be valid.
Damages. You need to show actual damages. This includes monetary damages due to medical treatment, the necessity to hire housekeeping or child care, lost income and so on.
Other considerations:
- Placement of warnings. This is especially true for product liability cases. If there is a reasonable risk or safety issue in a toy or product and the manufacturer did not provide the proper warning about the risk and a person is injured, that person can sue for personal injury claims.
- Your own acts. Duty of care may not exist, depending on your own acts as well. For instance, if you were careless or were actually trespassing, duty of care will be seen in a different light.
- Levels of liability:
Strict liability. The other party can be held strictly liable if it can be proven that he could have prevented the injury and damages but did not do so. This is regardless of whether you had some part in the accident. For instance, if a dog owner already knew that his dog has a history of attacking other people but did not restrain the dog properly, he is liable.
Comparative negligence. It may be that both you and the other party have their share in causing the accident. Comparative negligence may result in a smaller amount of compensation, since you were partly to blame for your injuries.
Proving Liability
Proving that the other party is liable may be a complicated matter, depending on the type of case you have. Even when you hire a lawyer to help with the lawsuit, it may take time and considerable expense. It’s best to ensure that you have sufficient resources to battle it out. You may need lawsuit settlement funding so that you have funds to pay for medical expenses, your family’s everyday needs, as well as costs related to the lawsuit.
If you are in need of lawsuit funding, you can come to FastLawsuitMoney.com. Often called lawsuit loans, this kind of funding provides cash without requiring you to present employment records or credit ratings. Plus, it is the kind of funding that you only need to pay back when the lawsuit settles. In case, the lawsuit fails to settle, you are under no obligation to repay the funds.
Posted on April 15, 2012 by Fast Lawsuit Team
With personal injury cases, the clock’s running. If you don’t file your lawsuit in time, you will find that you may have already lost your right to claim any damages. The statue of limitations is a law that limits the length of time you can file a lawsuit after you have been injured or experienced damage. Once the statute of limitation expires, you can say goodbye to any compensation.
Why is there a statute of limitations?
The statute of limitations was established in the interest of fairness, both to the victim and to the one potentially being sued. The statute is there because victims should not need to wait an unreasonably long period of time before filing a lawsuit. Waiting a long period may be detrimental to the case since evidence may long be gone or forgotten. If the lawsuit is filed years after the accident, witnesses may already be hard to find and may only have hazy memories about the accident. It is also fair for the erring party – for him to be able to move on without having to worry about a lawsuit anywhere in the future.
Varying Statues of Limitations
If you are a victim of an injury, it would be best to consult with a lawyer about the statute of limitations applying for your case:
- Where the lawsuit is filed. States have their own statute of limitations – they can range from one year to six years. Some states also provide special rules for minor complainants – usually, the statute of limitations does not start until the minor turns 18 years of age.
- Whether it is filed in a federal or state court.
- The kind of lawsuit filed or otherwise known as “cause of action”. For instance, in the state of California, slander or libel has a one-year statute of limitations while you have two years to file a personal injury case.
- If the lawsuit is filed against the government. There are strict rules when it comes to suing a government employee or entity. You usually have as little as 60 days to file a “notice of claim” after you have been injured.
When does the clock for the statute of limitations begin?
- The Discovery of Harm Rule applies when it comes to determining the start of the statute of limitations. The clock starts to run when the complainant is aware that he has suffered harm. This is especially true for defective medicines – where the effect of the problem may only be noticeable after a certain length of time. Another example would be a customer who hires someone to construct his house. A faulty foundation may not be immediately noticeable. But, when the foundation suddenly collapses after several years, the customer has the right to seek redress. However, the delay in one’s finding out about the damage he sustained should be reasonable by certain standards. If the person taking the medicine experiences some bad side effects but refused to get medical treatment for a number of years, his claim may no longer be applicable and the statue of limitations may have already expired.
- For minors, the statute of limitations begins when the minor complainant turns 18.
- For relatives who want to file a lawsuit in behalf of the victim and if the victim dies within the statute of limitation, the time limit is extended from the date of the victim’s death.
- For individuals who are declared legally insane or who are in prison, the statute of limitation does not start until the individual is considered to have legal capacity or have access to the courts.
Lawsuit Funding for Personal Injury Lawsuits
Knowing your own time limit for your lawsuit is important so as to ensure that you maintain the right to sue. But if you are the injured party, more often than not, you will not need a statute of limitations to remind you to file a lawsuit in order for you to get the compensation. By the time you get out of the hospital, you may already have to face a mountain of bills and debts. You may be easily tempted to give in and give up the case in exchange for a measly settlement amount.
But, if you have access to funds, you can continue with your lawsuit without fear of financially going under. Lawsuit funding will help you survive this trying time. This is non-recourse funding for those who need a little financial shot in the arm. By non-recourse, this means that you don’t have to pay back the lawsuit loan if the case does not settle.
For a reputable source of settlement funding, you can go to FastLawsuitMoney.com. FastLawsuitMoney.com has since built a solid reputation for fast applications processing. You don’t need to present mounds of paperwork. You also don’t need to show your employment status or your credit rating. And, once the application is approved, funds can be in your hands in as quickly as a day.
Posted on April 12, 2012 by Fast Lawsuit Team
If you are a victim of an accident that is someone else’s fault, you can seek redress by suing the erring party for compensation. But, if you have a previous injury, you must remember that it can also affect your personal injury claim.
Did you have episodes of back pain prior to the injury? Did you already suffer from headaches? One thing you can expect is that when you file a lawsuit, the other party’s defense will carefully look at your medical records and find reasons for them not to pay your claim or to at least lessen the amount they have to pay. They can do this by stating that the injuries you are claiming against was actually not caused by the accident but by previous events. When they can do this, the erring party only needs to compensate you for the harm he caused, and not for harm that you have previously experienced.
The “Eggshell Skull”. Under this principle, the adage: “You take the plaintiff as you get them.” applies. For you who have a pre-existing condition and have learned to manage that condition in such way that you are pain-free or are only suffering minor discomfort, you have the right to recover for your losses due to the accident. After all, the accident was not your fault.
Under the eggshell skull principle, falls two rules: The thin skull principle and the crumbling skull principle.
The “Thin Skull” principle. The erring party can try to avoid payment by pointing out that the injury was caused by a previous event. However, if you can prove that your pre-existing injury was actually made worse by the accident, you can file a claim for compensation based on the degree by which the accident worsened the pre-existing injury. The increased level of pain and worsened physical situation is based on the “eggshell skull” principle. Based on this, even if the accident should not have caused such damage under “normal” circumstances (i.e. you are in good physical condition), the erring party is still liable for the injury. Regardless of the fact that you basically walk around with an “eggshell skull”, the premise is that you would have been perfectly fine had it not been for the accident.
For example, if you are already suffering from osteoporosis and you had a minor slip up due to a wet floor inside the mall. The mall operators will be liable for the full extent of the damage and injury you experienced, even if any other person who had the same slip up would just have walked away intact.
The “Crumbling Skull” principle. The erring party only needs to pay you for the degree by which your injury was worsened. For instance, you already have scoliosis and are expected to have episodes of back pain in the future, regardless of whether the accident occurred or not. The erring party is not liable to pay for the back pain. However, if the accident has worsened your bad back so that you need to see a doctor for treatment, the other party is liable for those medical expenses.
Don’t lie about your pre-existing condition. Resist the temptation to hide your pre-existing injuries – there are no secrets in a lawsuit and for the court to find out that you lied or hid facts about your medical condition. Remember that when you file a lawsuit, the other party will be provided with access to your medical records. They will see what your doctor, chiropractor or other health practitioner has recorded about your condition, as well as the statements you gave them. They will also see how often you came for treatment.
Immediately seek treatment for your injury, no matter how minor. If that collision has jostled your previously injured back, be sure to go to the hospital to have it checked. Otherwise, the other party can say that it is due to your negligence and failure to seek treatment that your condition worsened. Don’t fall into the trap of thinking that since you already have the condition before the accident occurred that the accident had nothing to do with the pain you are experiencing.
Pre-existing conditions can make your lawsuit even more complicated. It can also mean that more time before a lawsuit is decided on and settled. Meanwhile, you may be undergoing financial stress because of your medical bills and your day-to-day expenses, even as you are unable to work. You can seek help by applying for lawsuit funding.
FastLawsuitMoney.com provides quick and reputable lawsuit settlement funding. FastLawsuitMoney.com is committed to helping people like you to make sure that you get the compensation you deserve, even with your pre-existing condition. With cash from the lawsuit loan, you can start paying off your medical bills, provide for your family’s needs and ensure that your lawsuit is as strong as it can be.
Posted on April 9, 2012 by Fast Lawsuit Team
Mishaps (a slip and fall, a car collision, a defective product and other misfortunes) can cause all kinds of bodily harm. Getting hurt can mean any of these things:
- Bone fractures
- Soft tissue injuries
- Wounds and lacerations
- Severed limbs
- Disability
The severity of the injuries may necessitate time in the hospital, as well as time for your recovery before you can actually go back to work. As a result, you miss opportunities to earn an income, whether as an employee or a businessperson.
A Loss of Income Claim
A claim for loss of income is one of the important components in a personal injury claim. For employees, this claim is referred to as lost wages. Meanwhile, for businessmen, freelancers, those working on commission, this is called loss of business income.
Loss of Wages
As the one making a personal injury claim, it lies upon you to show proof about loss of income. For employees, this means showing the following:
- Proof that you are employed in the company
- Documentation of daily/hourly wages
- Documentation of the days missed
- Doctor’s report that shows that you are unable to work
Loss of Business Income
It is more difficult to file a loss of income claim for people earning on commission, those who are self-employed, running a business or are independent contractors. It is difficult to pinpoint the amount of lost income. A business may have periods of low income, or no income, as well as peak periods. Commissions may vary from month to month. There is also no employer to verify the amount of income lost. Delays in a freelancers work may mean that he loses the project, but it may be challenging to show how the injury contributed to the loss of the project. The court may also expect freelancers to be able to hire someone else to finish the project in order to prevent more losses for the person you are suing.
One way of computing lost income for these cases is to present your federal income tax return. Since this shows how much you made in a year, you can divide the entire amount by the number of working days to get the approximate daily income amount. When showing your income tax return, you need only to show relevant pages. You also have the option to show income tax returns for the last few years, especially if your income for the previous year was not spectacular.
Other Complexities
Lost income can also be challenging if your injuries result in an impairment that means you have to leave the job you currently have and get another type of job. You will need to show how changing jobs will result in a drop to your income.
It is similarly challenging if the injuries result in permanent disability and you are unable to work again. The factors considered in this case include your profile (education, skills, training, employment history, age), as well as your financial profile and earnings history. To compute for lost income, you also have to take into consideration inflation, the benefits you get from the job aside from your salary and social security.
Negotiating Lost Income and other Personal Injury Claims
Most of the time, you will have to deal with the other party’s insurance company. You must remember that they will also work to bring down the amount they have to pay you. The insurance company may also try to drag their heels about paying you. You may need to file a personal injury lawsuit to recover lost income, as well as medical expenses and other losses related to the injury.
A personal injury lawsuit may prove to be complicated and drawn out. Knowing that you have missed days at work and have lost income as a result of your injury, this means that you are in an even more precarious financial situation. You have bills to pay and no income earned.
This is a time to consider lawsuit funding. This provides you with funds as you await the decision of the court and the settlement of the claim. Lawsuit settlement funding simplifies access to cash, cash you can use to fund daily expenses, pay your medical bills, as well as pay for court-related costs. Not only is it easier to get lawsuit funding, it also provides you with more peace of mind. Since the money is given on a non-recourse basis, you need not pay for the funds if the lawsuit fails to settle.
For quick and easy settlement loans, you can come to FastLawsuitMoney.com. FastLawsuitMoney.com has since built a reputation for simplified applications processes so that those eligible can get their funds in as quickly as 24 hours once their application is approved.
Posted on April 6, 2012 by Fast Lawsuit Team
Faulty electrical wiring may simply give you an unpleasant jolt. Or it can be career-ending. Worse, an electric shock can be fatal.
Take the case of a commercial airline pilot who suffered from electrocution while taking a shower in his hotel bathroom. He had recently passed a physical examination that vouched for his good health and eligibility to fly a plane. It was shown that the light fixture in the shower was defective and caused the electric shock, which affected his eligibility for his job. The pilot has the right to sue for compensation – for the pain and injury, as well as for the loss of his job.
Electric shock and burns
Electric shock and burns are caused by electricity passing through the body. The severity of the physical damage depends on the area of contact, the strength of the electric current and the length the person was exposed to the electric current. When the current that passes the body is perpendicular, passing from hand to hand, there is fewer electrical current that passes through the body. When the current passing through the body is parallel, passing from head to toe, there is more damage as more vital areas in the body are affected. If the person is wet (due to a shower or sweat), this could also have a negative impact on the severity of the injury.
Physical effects of an electric shock could include:
- Contact burns
- Deep burns in internal tissues
- Muscle injuries since the electric shocks force violent contractions of the muscles.
- Bone injuries (dislocations or fractures) – the violent contractions can also break or dislocated bones.
- Internal organ damage (kidney failure)
- Brain damage
- Cataract formation
- Death due to cardiac arrest
There are also secondary effects to the electric shock. If the person fell or was thrown backwards during the shock, he can also sustain additional injuries.
Causes of Electric Shock
Electric shock can be caused by:
Work accidents. Workers, particularly in the construction industry, have a higher than normal risk of electric shock, especially if safety procedures are ignored or violated. Construction sites may have open lines. Those working on roads may touch underground cables.
Defective products. Users of defective products may experience electric shock caused by faulty design or by faulty manufacturing.
Maintenance problems. Customers may be victimized in public facilities such as amusement parks, hotels, hospitals and so on if some of the equipment is poorly maintained.
Contractor mistake. Errors in the construction of the house and set up of electrical lines may result in electric shock injuries.
Other causes of electric shock include water penetration, sockets with too many electric appliances plugged in and faulty wiring.
Filing a Personal Injury Claim for the Electric Shock
For you to have a case against the erring party, you must show that the other party has a duty of care to you – you are a customer, an invited guest, an employee. The other party must have the responsibility of ensuring that the product or premises is safe from electric shocks. It must be shown that if they had not been negligent, the shock and subsequent injuries could have been prevented.
If you are a victim of electric shock, you must make sure to seek medical treatment for your injuries so that it can be shown that you have done your part to minimize the amount of damage you sustained.
When you file an electric shock lawsuit, you should include the following:
- Medical expenses related to the electric shock (both present and future)
- Loss of income
- Pain and suffering
- Cost of adaptive equipment and therapy
While you are waiting for your lawsuit to settle, you should consider applying for a lawsuit cash advance. This will help fund your medical treatment to ensure that there is no further physical damage. The cash you get from lawsuit funding can be also used to pay for your day-to-day expenses, as well as to cover for court-related costs.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement loans for people who are awaiting the settlement of their lawsuit and are in dire need of funding. With FastLawsuitMoney.com’s streamlined applications process, you don’t need to provide records of your employment or credit rating. You can also get your funds quickly, once your application is approved.
Posted on April 3, 2012 by Fast Lawsuit Team
So you have been injured because of a careless driver, a defective product or a slip and fall at the mall. If you are lucky, you may get away with just minor bruises. However, if the accident was particularly catastrophic, you may end up in the hospital with:
- Soft tissue injuries, including whiplash
- Broken bones
- Brain tissue injuries
- Spinal cord or back injuries
- Paralysis
- Dismembered limbs
- Injuries to the internal organs
These serious injuries will require extensive treatment at the hospital. Your treatment expenses will usually involve the following:
- The professional fees of your doctors, surgeon, anesthesiologist and nurses. There are also cases when your doctor will refer you to a specialist for a more detailed diagnosis.
- Laboratory or diagnostic testing such as CAT scans, x-rays, blood tests or MRIs.
- Medications
- The fees for physical or occupational therapy. Physical therapy seeks to help patients recover their normal functions after the accident. Meanwhile, occupational therapy is geared towards functional limitations where an accident victim is unable to perform the activities they usually do not just in their occupation but also in their day-to-day living.
- The fees of a psychotherapist to help deal with the psychological effects of the injury. The victim may suffer from anxiety or depression after the event. The accident may render him physically disabled or may cause him to lose his job. He will need the help of a mental health therapist to help him move on from the trauma.
- The fees of a chiropractor, for problems with alignment of the bones.
- The installation of prosthetics or adaptive equipment. This may include computer-aided equipment, wheelchairs, medical aids, artificial teeth or artificial limbs. There may also be home improvements in order for the victim to adapt to the injury or any resulting disability.
Other expenses may include cosmetic surgery (to repair damages caused by the accident), lifetime care, traveling and lodging expenses for the family or caregiver(while they are taking care of the victim in the hospital) and organ transplants.
The importance of computing your medical expenses
The amount of medical expenses provides an important baseline for the rest of the personal injury claim. In some instances, compensation for pain and suffering is based on a multiple of the medical expenses.
Future Medical Expenses
When computing for your medical expense claim, you should also include future medical expenses. Your injuries may necessitate continued therapy. Remember that once you settle your claim, you waive the right to further claims so you must carefully estimate the cost of future treatments.
Also, keep note of the following since your personal injury claim may involve a substantial amount of money:
- Keep your doctor’s records, as well as all bills and receipts. The doctor’s report should include a description of your condition and injuries, as well as the recommended treatment.
- Avoid signing anything from the insurance company (regardless of it is your insurance company or the other party’s insurance company) without advice from your lawyer. The insurance company may ask you to undergo an independent medical examination.
- You need to seek medical treatment for your injuries. The court will check whether you as a victim also did your part in preventing additional expenses. If you failed to seek medical treatment until your injuries have become worse, this may harm your personal injury lawsuit. The more one waits to have treatment, the bigger the possibility of needing more expensive treatment or the bigger the chances of developing a chronic illness.
- Your treatments should be reasonable, prescribed by your doctor and related to the injury. You cannot include a liposuction or a nose job along with the treatments for your injury. You can expect the other part to go through your medical expenses claim.
- Pre-existing conditions may also affect your claim. Be sure that your doctor has also documented the effect of the accident on your pre-existing condition.
Lawsuit Funding for your Personal Injury Claim
As you can see, computing for medical expenses can be a detailed affair. You can also expect the other party to not take your claim lying down. They will try to dispute each item so as to minimize the medical expenses they need to pay you. Remember, your medical expenses (as well as the rest of your personal injury claim) may prove to be a substantial amount. You need to stand your ground to ensure that you get the fair and just compensation that you deserve.
One way to help you work towards the right compensation amount is to get lawsuit funding. Lawsuit funding will give you access to quick and ready cash at the time when you need it. With a lawsuit settlement advance, you will be able to refuse offers that are below the amount you expect.
If you need a lawsuit loan, you can go to FastLawsuitMoney.com. As a reputable provider of settlement loans, FastLawsuitMoney.com can provide you with quick and ready cash once your application has been processed and approved.
Posted on March 25, 2012 by Fast Lawsuit Team
The day after Thanksgiving (Black Saturday) is a much awaited time because of the crazy discounts. People line up hours before a store opening, excited to get the first dibs on the fabulous finds. Indeed, Black Saturday sales are about frenzied shopping. And sometimes this can go out of hand.
In 2008, a crowd of shoppers waiting outside Wal-Mart’s Long Island store got out of control and stampeded into the shop. Unfortunately, Jdimytai Damour, a guard who was tasked to provide security for the sale, died of asphyxiation. He was assigned to man the doors when around 2,000 shoppers rushed to the store and broke through the doors, trampling him in the process. Four other people were also injured. This is the first fatal trampling incident involving Wal-Mart. Surprisingly, the retail giant was fined only $7,000 for the incident.
The Wrongful Death Lawsuit
Damour’s family has filed a wrongful death lawsuit against Wal-Mart, as well as the shopping center it was situated in. The lawsuit claims that Wal-Mart was liable due to the following reasons:
- The Black Friday sale was heavily advertised. This promoted heavy discounts on limited inventory (such as digital cameras and flat screen TVs) which resulted in frenzy and mayhem on the part of the shoppers.
- There were not enough measures with regards to security to protect against overcrowding and stampeding in view of the size of the event and the expected crowd. There were no barricades to prevent shoppers from rushing towards the store. There was also no numbered ticketing system to make it more organized.
- There was a failure to put into action a crowd-management plan.
- Damour, who was a temporary worker, was not given training for this particular assignment, but was assigned to the front door because of his size (6’5” in height and 270 pounds).
The lawsuit alleges that because of Wal-Mart’s negligence, it resulted in dangerous working conditions for its employees. The challenge is to be able to show Wal-Mart’s liability in this case. With big businesses having a lot of resources and can afford to hire a team of lawyers to protect their interests. A lawsuit such as this may drag on for a long time. Meanwhile, a family may get more and more hard put to make ends meet.
The families of the victims can sue for:
- Loss of future income
- Loss of inheritance
- Loss of consortium
- Medical bills
- Funeral and burial costs
- Loss of benefits, including medical coverage, pension or retirement benefits
Families of victims have the right towards compensation for the loss of their loved one. However, it is also good to be able to negotiate and fight for fair and just compensation from a position of strength. This is where lawsuit funding can come in. Lawsuit settlement funding can provide funds to help hire experts, get depositions for the testimony of witnesses and cover court-related costs. It can also help provide for the family’s needs.
FastLawsuitMoney.com can give families of wrongful death victims a lawsuit cash advance so that they don’t have to settle for a lesser compensation amount. FastLawsuitMoney.com offers non-recourse funding. This means that the family does not have to pay the money back when the lawsuit does not settled. FastLawsuitMoney.com also provides a quick and easy applications process so that families don’t have to wait long for them to get the funds they need.
Posted on March 22, 2012 by Fast Lawsuit Team
A car accident, a defective product or a slip and fall and other injuries produces two kinds of victims. A personal injury does not just affect the victim himself but also the people around him – his spouse and children in particular. After all, the injured person is not the only one undergoing stress and trauma, as well as a particular kind of loss.
When one is severely injured, or worse, dies, as a result of an accident or catastrophic event, things will never be the same. When a car accident renders a man disabled, his son can no longer enjoy shooting hoops with him or going on camping trips with him. When a doctor’s mistake results in some brain damage, the victim’s wife can no longer enjoy quiet nights talking with her husband or having his help with the discipline of the children. When the accident results in death, this may mean that a daughter will never experience the joy of walking down the aisle with him during her wedding.
This particular loss, in personal injury law, is called loss of consortium. This is awarded to a victim or a victim’s loved ones who are deprived of the benefits and enjoyment of a familial relationship as a result of the victim’s serious injury and subsequent disability or death. In some states, it is simply defined as the loss of the ability to enjoy a “normal relationship” with a spouse or loved one.
Instances when Loss of Consortium is Awarded
A victim or his loved one is entitled to loss of consortium damages, as far as money is able to compensate for such a loss. It is important to note, though, that the rules covering the amount for loss of consortium damages may vary by state or by jurisdiction. For instance, when a victim dies, there are some states that allow parents, siblings or children to sue for loss of consortium. Other states may only award loss of consortium damages to the spouse.
The instance by which it is payable may also vary. Depending on the jurisdiction, loss of consortium damages may need to be filed separately by the victim’s loved ones. On other jurisdictions, the loss of consortium damages is awarded to the victim or his estate and added as part of a personal injury or wrongful death claim.
Areas covering loss of consortium
Some areas where loss of consortium may be payable include:
- Inability to participate in sexual activity
- Inability to participate in the family’s activities
- Loss of companionship, care and affection
- Inability to work to contribute to the family’s finances
- Inability to contribute to the household’s maintenance (i.e. fixing a leaking sink, mowing the lawn or cooking meals)
- Inability to help in parenting and childcare
Loss of consortium and Privacy
If you are considering filing a claim for loss of consortium, you must also consider the fact that this may mean a loss of privacy for you and your spouse, particularly with regards to your sex life. The intimate details of your sexual activities will be made subject to close scrutiny. It is important that you consider this and discuss this aspect with your lawyer so that you can weigh the advantages and the disadvantages.
Loss of Consortium and Lawsuit Funding
Whether loss of consortium is filed with a personal injury claim, a wrongful death claim or as a claim filed by the victim’s loved one, it is important to consider finding help when you can get it. When a lawsuit is still pending in court, it may be tempting to consider accepting the other party’s settlement offer. This is when you need money to pay for your medical treatment or funds to cover your spouse’s funeral and burial.
During this difficult time, worrying about money is the last thing you need. When you are caught in a rock and a hard place, there is another option – to seek lawsuit settlement funding. This can help you get much-needed funds to cover important expenses while your lawsuit is still pending settlement.
The advantage of lawsuit funding is that eligibility is not based on whether you have a good employment or credit record. Rather, approval for “lawsuit loans” (as they are often called) is determined through the merits of the case. Also, the money is only payable upon the settlement of the lawsuit. When this does not happen, you are not obligated to pay the money back.
For your lawsuit funding needs, you can trust FastLawsuitMoney.com. We have built our reputation by providing quick and reliable processes in our bid to help you get access to cash you need, when you need it.
Posted on March 19, 2012 by Fast Lawsuit Team
An accident can range from a simple fender bender, an embarrassing fall to something much worse. With the first, you just emerge a little shaken and perhaps with a dent on your car or a scratch on your arm. With the latter, the injuries may be catastrophic that they can change your life (and that of your loved ones) forever. That’s tragic enough, but what makes it worse is that you may not receive the compensation that befits your injuries unless you file a lawsuit against the other party (and their insurance company as well).
When it comes to personal injury claims, it helps to understand your rights to compensation. The other party may try to get you to settle for a certain amount, which most likely is smaller than the actual value of your particular personal injury claim. Before you sign anything, it’s best that you consult a lawyer to help you determine the full amount of the compensation that you should get.
Here are some personal injury claim areas that you should look into to make sure that you get a fair and just amount:
Liability. When liability can be proven to sit squarely on the other party’s side, you can work towards getting the maximum amount of compensation. In some states, if the accident was partly caused by your negligence as well, this can decrease the amount of compensation. It is important for you to be able to present proof with regards to the other party’s liability – that they indeed, by virtue of their negligence, mistake or willful act, caused the accident to occur. That is why it is important for you to document the site of the injury, as well as the doctor’s reports that show the extent of your injuries.
Type and Extent of Injury. Injuries can be minor, catastrophic or fatal. Compensation can be determined based on the type of injury you sustained. The type of injury will help determine future medical expenses, as well as the amount you may need for adaptive equipment and future expenses for therapy and home care. Injuries may fall under the following:
- Temporary partial disability. The total disability is only temporary and the patient is reasonably expected to recover from the disability. After which, the patient should be able to do activities he used to do.
- Temporary total disability. The patient is totally disabled during his hospitalization and recovery, but afterwards is expected to resume full function.
- Permanent partial disability. The disability is permanent, but the patient is still able to do some of the activities he used to do and is still able to work to earn some money up to a certain extent.
- Permanent total disability. The disability is permanent and the patient is not expected to recover from the impairment.
Please note that there are different definitions of disability (as it may apply in certain states). A person may be considered disabled if he is unable to perform the tasks he needs to do his current job.
Medical damages. Be sure to keep records of all your medically-related expenses. These include:
- Ambulance expenses
- Emergency and in-patient hospital bills
- Professional fees (doctors, chiropractor, surgeon, etc.)
- Prescription medications and over-the-counter drugs
- Diagnostic fees, laboratory fees
- Surgical apparatus or prosthetic appliances
- Nurse fees
You should also take into account future medical expenses if it can be shown that you need to get continued medical care.
Non-Medical “Special Damages”. This includes expenses during your hospital stay such as expenses for gasoline (going to and fro the hospital), lost wages, lost sick leave or vacation leave, hotel and food expenses (for the caregiver), as well as child care and household help during the hospitalization and recovery.
Lost income/loss of a Job. Not only should you fight for the income you lost while you were laid up and recovering. The compensation should also cover future lost income or the eventual loss of your job. You should also seek compensation if the injuries you sustained resulted in your needing to take a job on a part-time basis or a job that pays a lower rate.
Pain, suffering and mental anguish. In some states, there is compensation provided for pain, suffering and stress you underwent. This would cover the severity and length of the pain caused by the injuries, as well as the instances that cause or will continue to cause emotional or mental distress to you.
Loss of consortium. This covers compensation for the loss of “enjoyment” or benefits of a relationship. Your injuries may affect your relationships with your spouse and your family. For instance, you can no longer engage in sexual relations with your spouse, this is subject for compensation.
Depending on your injuries, you may stand to receive a considerable amount as your compensation. Of course, the other party would try to minimize the compensation they would have to pay you. A lawsuit will be useful in settling this issue.
However, a lawsuit is the last thing you need while you’re recovering from your injuries. You may need added funds to help ensure that your case is strong. During this time, you may already be burdened by medical expenses, as well as the need to provide for your family’s daily needs. Lawsuit funding will help you deal with these financial burdens.
The cash you get from a lawsuit settlement funding will give you ready funds. This way, you don’t have to be tempted to accept a low settlement offer from the other party. You can continue with the lawsuit or with negotiating a proper settlement amount.
If you are in need of a lawsuit loan, you can go to FastLawsuitMoney.com for fast and reliable processing of your application. With FastLawsuitMoney.com, once your application is reviewed and approved, you can get the funding in as quickly as 24 hours.
Posted on March 16, 2012 by Fast Lawsuit Team
Unless we are heirs drawing income from a particularly substantial trust fund or have recently won the multi-million lotto draw, chances are, we have to work (whether as employees for a company or as a business owner). Our employment or business provides us with the income we need to survive so that we can enjoy life and provide for our families.
However, our ability to earn may be cut short due to the injuries we sustained due to instances caused by other people’s negligent or willful acts. One may be rendered totally disabled so that he can no longer perform the tasks required for his current job. Or, one may become partially disabled so that he may have to look for a job that he can do with his current set of abilities. As such, loss of earning capacity is one of the items you can include in a personal injury claim.
When Is One eligible for Loss of Earning Capacity?
Loss of earning capacity covers more than income lost in the past. It also is about recovering potential or future earnings. However, past lost income comes into play as it is used as a basis for future earnings. Loss of earning capacity also looks at how the injury affects efficiency and stamina.
One can claim for loss of earning capacity when:
- He is no longer able to perform the job that he currently has. For instance, if the victim is a radio announcer or voice talent, and he loses his voice as a result of an accident, he can be considered “disabled”. This is because he can no longer do the tasks and responsibilities that he used to do, even though he can still find another kind of employment.
- The injury hurts one’s employment prospects. Another example would be a famous model gracing the catwalk, as well as magazines and television commercials. If her face is permanently scarred due to the accident, she can no longer get modeling jobs and enjoy the income she used to earn. She may need to find another kind of employment, even when this pays lower than what she currently receives. On the other hand, if one is an office worker, a scar may not be material as it does not affect her ability to perform her tasks as an office worker.
- The injuries sustained hurt one’s chances of promotion or advancement. If your injuries mean that you can no longer be considered for promotion, then you are eligible to claim for loss of earning capacity.
Other considerations
Future earnings may be difficult to compute. There are other considerations to make, which includes:
- The age of the victim. If the victim is young, then the court will compute for the number of working years remaining in his lifetime. This means that someone that is close to retiring will receive a lower amount of compensation for loss of earning capacity compared to someone that has just worked for a few years. A minor (or his parents as representatives) can file for lost future earning capacity as a result of the child’s injuries.
- The ability of the victim. What is the victim’s educational background? Does his work involve a special skill or talent (i.e. basketball players getting injured)?
- The possibility of retraining. Can the victim be retrained so that he can work in another area in his field? Or does he totally need to move to another field due to his injuries?
- The possibility of further injury if a victim continues with his current job. For instance, a basketball player with an injured knee can risk further physical damage if he continues with his job as a basketball player.
- Self-employment or working on commission. Potential earnings may be computed based on how much he stands to earn if he did the same kind of work for another company. It can also be computed based on past business returns. It will also take into consideration the amount of money needed to hire someone to do the victim’s tasks.
Loss of Earning Capacity and Lawsuit Funding
Loss of earning capacity is just one aspect of a personal injury claim. Loss of earning capacity may be a bit tricky to prove and may prolong a lawsuit. During this time, you may need some lawsuit funding to help you with your financial concerns while you are waiting for the verdict and for the lawsuit to settle.
A lawsuit settlement advance can help you by providing you with quick and ready cash at an already difficult time. This will make you less vulnerable to the temptation of accepting a settlement offer that is far less than what you stand to get, especially if you consider loss of earning capacity.
If you are in need of a lawsuit cash advance, you can go to FastLawsuitMoney.com. With FastLawsuitMoney.com’s streamlined process, you can be sure that your application for lawsuit funding does not require a lot of legwork and paperwork from your end. We will work with your lawyer to evaluate the lawsuit. Once you receive approval of your lawsuit funding, it is not unusual for you to get the money in as quickly as a day.