Get Approved

Your Details are safe with us. Privacy Policy

Suing for Daycare Abuse and Negligence

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.

Filing Personal Injury Lawsuit Involving Gun Accidents

Posted on October 22, 2012 by Fast Lawsuit Team

Americans are granted the right to bear arms through the constitution’s Second Amendment.  This is so individuals can protect themselves from assailants or enjoy hunting as a sport. There are also gun enthusiasts who enjoy having a collection of guns. However, along with the right to bear arms is the responsibility of ensuring that these guns don’t inadvertently cause harm.

Gun owners are responsible for:
-  getting a license to carry a gun
-  putting on the safety latch when the gun is “idle”
-  removing ammunition from the gun if it isn’t in use
-  storing guns and ammunitions in a place where children and other individuals cannot easily have access to them
-  not entrusting the guns to someone who has a known predilection for acts of violence
-  ensuring that any person handling the guns has the training and ability to handle the gun safely

In spite of the regulations that govern the safe use and storage of guns, gun accidents still happen. According to the Center for Disease Control and prevention, there are over 100,000 people who are victims of gunshot wounds. Out of this, more than 30,000 die. Although some of these are caused by assault, crime or suicide, there is also a portion of these deaths and injuries that can be linked to the neglectful storage, use or entrustment of the gun.

What is tragic about gun accidents is that they can be avoidable. If the gun owner only practiced due care, people don’t have to face the tragedy of:
-  A child being shot dead while he or another child was playing with a gun
-  A bystander being hit in a hunting accident
-  A death arising from using the gun while under the influence of drugs or alcohol

Gun shots can cause serious physical injuries, including broken bones, deep wounds, damaged organs, tearing of the muscles, infection, brain damage and death.

Who can be liable?

The person who used the gun. A person who negligently handles the gun can be liable for a personal injury. For instance, a person who tries to clean the gun without the safety engaged and bullets removed or a hunter who did not first determine that there were other people in their range may be faced with a lawsuit because of their negligence. For hunters, there are safety guidelines and hunting laws set in place to prevent gun accidents from happening during hunting. Those who also use a gun but are actuality unfamiliar with the firearm or altogether inexperienced to handle them are similarly liable.
Gun owners. If the gun owner handled, maintained or cleaned the gun improperly, he is liable. If the gun owner failed to keep their guns in a safe storage space or lent the gun to someone who is known for his violent tendencies and who is obviously drunk or under the influence of drugs, he can also be held liable for your personal injuries.  Some cases involve owners who let children play with the guns.
Gun manufacturers. This is if the accident is caused by a defect in the design or manufacture of the product. For instance, if the gun safety unlocks on its own or a portion of the mechanism fails and these defects resulted in injury, the manufacturer can be named in a lawsuit. There was also a case in Alaska where a handgun (with the safety engaged) fell. The fall caused the gun to shoot and kill someone who was in the vicinity.

Building a Personal Injury Lawsuit for Gun Accidents

With the help of your lawyer, you can start gathering evidence for your lawsuit. This can include:
-  Expert testimony. Gun experts can testify about the condition of the gun, the angles by which it was shot, any defects present or how it was negligently handled. There may be a need to provide testing and experiment using high speed photography and other forensic tools. This can prove to be expensive.
-  Medical records. This will show the extent of the injury and disability caused by the gun accident.
-  Previous cases involving that gun. To show that there may be a defect in the design of the gun, it will be helpful to look into statistics of injuries and deaths related to gun accidents for that specific model.

These are just some of the expensive evidence you may need to make. Some lawsuit and court-related costs involving your claim may leave you financially drained. Add to this the medical expenses resulting from your treatment of your gunshot wound.

During this time, you can look into the possibility of getting lawsuit funding to help with the financing of your household needs, medical expenses and court-related costs. You can apply for a lawsuit loan without having to go through hoops doing the paperwork and legwork.  You don’t actually need to wait long to get the funding – usually it takes only as little as 24 hours after the application is approved.

The lawsuit cash advance is non-recourse funding that guarantees you don’t need to pay anything back for as long as the lawsuit fails to settle. This can provide to be a help you hold out for the fair and just compensation you deserve rather than reluctantly accepting a low-ball offer just because of your financial situation.

Independent Medical Exams in Personal Injury Lawsuits

Posted on September 23, 2012 by Fast Lawsuit Team

You have suffered from whiplash due to a rear-end collision. Or, your back has been troubling you ever since that slip and fall incident while you were at the mall.  Or, you are currently left depressed and traumatized by a botched operation.

These are just some of the reasons why people file a personal injury lawsuit. You have the recourse to file a claim for compensation from the party who was at fault. The compensation will cover not just the financial losses you have incurred because of the accident but also the pain, trauma and suffering you had to endure as a result of your injuries.

When you have filed a personal injury lawsuit, you are putting your physical injuries in question. You will need to prepare yourself mentally and physically for the challenge. You need to prove the extent of the injuries you sustained. On the other hand, the party you are suing would also like to show that your injuries are not as serious as you claim. The other party may call for an independent medical examination so that they can also verify your physical condition.

What is an Independent Medical Examination?

The Independent Medical Examination is presumably an opinion of an objective doctor about the real state of your health. However, it can also be considered as the medical examination that the other party has commissioned. The argument is that the doctor who has been treating you may have some bias as to reporting your physical condition. The defense will call for another doctor to “verify” the state of your health.

There are times when you will be required to go to the IME. The need to go to the IME may vary from state to state. However, there will also be instances where a complainant cannot be forced to go to an IME if this will be too burdensome if he is already suffering from serious injuries. The defense will shoulder the expense for any IMEs that they request; as such, they can also choose which doctor will perform the IME.

The IME will be scheduled and a letter will be sent to you outlining when and where this will be. It will also state the doctor who will perform the IME, including his specialty, as well as the scope of the IME. The letter may also include a request for your medical records and diagnostic test results.

The IME may be stressful to you, especially if you are already in pain and still have not recovered from your injuries. It will be helpful to come prepared to avoid further stress:

  • Consult your lawyer. Your lawyer will guide you through the process and may have helpful advice for you. This includes avoiding discussions of things that are not pertinent to the IME, such as how the lawsuit settlement negotiations are going, your opinion of the degree of liability of the other party and so on. In some instances, your lawyer may also accompany you.
  • Come prepared. If there is a request for your medical records, be sure to bring them. Also, come early. It will also be helpful to bring a companion who will take notes of the questions the doctor asks and the tests he performs.
  • Be honest. Provide the information with regards to your medical condition.
  • Don’t expect the report to be in your favor. Even if there are medical examiners that are professional about providing these reports, you need to remember that these are hired by the defense. Thus, don’t be surprised when the report tries to minimize the extent of your injuries. You can contest the results, depending on your lawyer’s advice.

Qualified Independent Medical Examiners

The defense could not just appoint any doctor they wish. There are rules governing the appointment of an examiner. These include:
-  The IME doctor must be practicing his profession – where most of his professional time is spent in the treatment of the patients, rather than in giving IMEs and testimonies.
-  The IME doctor must be certified, and posses the same level of education (or higher) as the doctor who treats you
-  You and your lawyer can also investigate how much the doctor is earning from defense law firms and insurance companies

The doctor will check for the following:

  • Your general appearance and the extent of your injuries. This will include how you walk and stand, whether you have difficulty getting on or off the examination table and indications of the existence of the injury.
  • Manifestations of injury. The doctor will look at both objective and subjective manifestations of injury. The doctor will look into medical reports and diagnostic test results such as CT scans, x-rays or MRIs. The doctor will look at the level of pain you are suffering and how this limits your movement.
  • The cause of your injuries. The doctor will check whether it is indeed the incident that caused the injury and not anything else. For instance, he will look into your lifestyle, whether you use drugs, are a habitual alcohol drinker or smoker, or you indulge in dangerous or hazardous sports. He will also try to see whether your actions (or inaction) exacerbated the injury. Other things that the doctor will look into include: recreational and social activities, prior sports accidents, any pre-existing condition,
  • Whether these injuries are legitimate. The medical examiner will also look for indications that you have exaggerated the injury or if there are signs of malingering. The doctor will check how your daily living and recreational activities were affected because of the injuries and any restrictions imposed by doctors.
  • The possibility of recovery (whether your injuries can be cured and the patient can make a full recovery and resume normal day-to-day living)
  • Your employment prospects (whether you can work again or not). This includes the type of physical work you can do with the restrictions imposed, as well as what skills you already have are transferrable after the injury.

Lawsuit Funding

As you can see, the process of filing a personal injury lawsuit and proving it may be a drawn-out and difficult time. This is especially true if you are being financially drained, not just by expenses related to the case, but also with medical expenses. You may also have to leave work during your recovery.  This is where lawsuit funding can help.

A lawsuit cash advance can help you provide the funds for your complete recovery, even as you fight for your fair and just compensation in court. Sometimes, the other party will try to negotiate for an out-of-court settlement as well. With the money you receive from the lawsuit loan, you will not be forced towards accepting a low settlement offer just because you are in dire need of cash.

FastLawsuitMoney.com is your provider of choice when it comes to trustworthy settlement funding. Its streamlined application process ensures that you don’t have to go through hoops just to get the funds. Once your application is approved, you can readily get the proceeds of the lawsuit funding in as quickly as 24 hours.

Personal Injury Liability: When You Let Someone Else Drive Your Car

Posted on August 26, 2012 by Fast Lawsuit Team

Do you know that you can be held liable for personal injury due to a car accident, even when you’re not actually there at the time of the accident? It is important to be aware of your personal responsibilities with regards to the use of your car, especially by people other than yourself.

Ownership = Liability

The principle underlying one’s liability in this instance is that if you own a car, you are legally responsible for the acts of the person you allow to drive the car. In some states, the law does not even require you to have a “legal” relationship with the driver, as long as you give your permission to someone to use the car, you can also be held liable for his driving.

Here are some instances where liability can be placed in your hands, even when someone else is driving:
-  Your kids. There are states where parents are held responsible for the negligent acts or hazardous driving of their kids. The way the law looks at it:

  • You are responsible when you sign your minor child’s license application. Under the law, you are vouching for your child’s driving when you put your signature on the dotted line of the license application your teen submitted to the DMV.
  • You are responsible when you put your car for general family use. When you buy a car and the keys hang where any family member can simply get it and take the car for a spin, you are liable, even if you have previously stated to your teen that he cannot use the car. This is based on the doctrine of “family purpose” – where, if the car is for the use of people in the family, and people in the family have easy access to the car keys, the car owner is liable for any mishaps involving family members driving the car.
  • You are responsible if you let your “hot-rod” teen drive the family car. Teens can be reckless and prone to show off. They can also be excited about being able to drive for the first time and have very little experience being on the road.  They also have a very high tendency to drive distracted (driving while eating, using the phone, etc.). The law will point out that you should have known this and should have withheld permission for your child to use the car and acted to ensure that the child cannot easily have access to its keys.

-   Your employees. If you use the car for business purposes and your employee drives negligently and recklessly while he is performing duties related to his job, you are liable due to the legal theory of imputed negligence or vicarious liability. This can be the case even if your employer is not driving the company car, but rather, your own personal car if you let an employee use the car for business purposes. However, if the company vehicle was used by the employee outside of office hours for personal (and not company purposes) and the employer gets the car without permission, you are not considered liable.
-  Anyone who can be considered unfit to drive. This can include a family friend, a neighbor, your baby sitter or just about anyone to whom you hand your car keys. Under the principle of negligent entrustment, the fact that you have entrusted your car to that person can make you liable.

Drivers who should not be on the road

Your part in the personal injury lawsuit is your entrustment of the car to someone who is negligent, incompetent or reckless. You should have known that these persons should not be behind the wheel, considering their physical or mental state. These include
A driver who has had marks in his license. You can lend someone who has shown to be a negligent or reckless driver your car, but you are doing so at your own risk, knowing that should a road mishap happen with your car, you can also be held liable.
-  A new and inexperienced driver. As with pilots who are required to log in a number of hours on a particular plane, you should think whether the driver has had enough time on the road for you to allow that person to drive without any supervision from an experienced driver.
-  A drunk driver. Handing over your car keys to someone who’s had a few drinks too many makes you liable.
A minor who has no license. Letting your 15-year old nephew have a joyride with your car is not just asking for trouble, but also asking to be part of a personal injury lawsuit.
-  Elderly or sick driver. There is a joke about a grandfather sleeping peacefully while the other passengers were screaming during the car accident. It turns out that the grandfather was behind the wheel at that time. This joke is only funny in abstract but not in real life. Lending a car to someone who has vision and hearing problems, who have a slow reaction time, or who is sick to the point that it can affect his driving skills can be considered negligence on your part.

Thus, it is very important to carefully consider who you’re lending your car to. Before you turn over your car keys to someone else, be sure to think twice. The law can still judge you responsible even when you’re not behind the wheels.

Taking a Look from the Other Party’s Point of View

Chasing after the car owner is something that the victim can do in an effort to claim for compensation. More often than not, it is the car owner that has the insurance, as well as the money when a claim has reached the limits provided by the car insurance. Teens and minimum-wage employees, as well as drivers on a pension may be unable to pay the compensation that the victim is due.

While the victim is waiting for the lawsuit to settle, he can apply for lawsuit funding to help provide funds at a financially challenging time. This lawsuit settlement loan can provide funds for medical treatments, everyday household expenses, as well as covering other court-related costs.

If you have already filed a personal injury lawsuit, you can think of applying for a lawsuit loan from a reputable source, such as FastLawsuitMoney.com. Through the years, it has helped victims who have a pending personal injury lawsuit get the funds they needed so that they can continue to fight for the fair and just compensation they deserve.

Personal Injury Basics: Knowing the Elements of a Personal Injury Lawsuit

Posted on June 23, 2012 by Fast Lawsuit Team

When you are about to do something, it will be more effective if you know what it’s all about. So is the case with a personal injury lawsuit. Before you even file your lawsuit, it will be good for you to educate yourself about what it is all about and what you can expect.

Personal Injury Cases

This arises from a dispute between two parties (the one who suffered harm and the other who is alleged to have been the one to cause the harm).  The one who has incurred a bodily injury has the right to seek for compensation – not just for the medical expenses related to it, but also for other losses:
-  loss of income
-  loss of consortium (use and enjoyment)
-  loss of essential services
-  pain and suffering

Filing a Personal Injury Lawsuit

A personal injury lawsuit is filed in the state where the accident happened (which state has jurisdiction or authority over the case), not where the complainant is living. However, one can file a case under federal jurisdiction (where the federal court will rule over the case). This is when the two parties don’t reside in the same state and there is a dispute as two which state has jurisdiction. The value of the lawsuit should also involve a big amount (i.e. $75,000).

Most minor lawsuits which involve only a small amount of money are heard through the “small claims” court. By “small claims”, we mean settlement awards worth $2000 to $5,000, maximum.

How These Are Settled

A personal injury case is usually settled through:
-  The judgment arising from the lawsuit. This is where the judge or a jury may rule in favor of the complainant and ask that the party being sued pay compensation or damages to the complainant.
-  Informal settlement. This is where the dispute is settle out of court, usually before the lawsuit is filed. In an informal settlement, the two parties and their lawyers sit down to negotiate how much the settlement will be. Once the two parties are in agreement, the supposed victim will sign a waiver withdrawing the claim.

Stages of the Lawsuit

When you decide to file a personal injury lawsuit, you should be aware that you don’t go straight to the courts. Rather, there are various stages that your case will go through. Before you file a case, it is best that you consult with a lawyer. The lawyer will study the circumstances that resulted in your being injured and will see whether the incident is “actionable”, that is, whether you have a case. The case is actionable if there was a violation based on state law.

As the person filing a case, you are the plaintiff or the complainant. The person or entity you are suing is called the defendant.

The stages of the lawsuit are:
Filing of the complaint or Pleading.  The complaint will outline the parties involved (the plaintiff and the complainant), as well as the reason why the complaint is being filed (what damages were incurred and that the defendant was the one liable for these damages).
-  Issuance of the summons. The process server or any officer of the court will then serve the summons to the defendant, notifying him that a lawsuit has been filed against him.
Motion or Answer. Once the defendant receives the summons, he is given sufficient time for him to provide his answer. The defendant may:

- admit or deny the allegations in the lawsuit one
-  attempt to have some portions of the complaint removed
- attempt to have the lawsuit dismissed entirely
-  file a counterclaim, alleging that he was the one who suffered damages in the accident
-  claim that he has insufficient information for him to make a response

-  Mediation. This is optional. The two parties can go to mediation instead of pursuing the trial. With the help of an independent third party (which can be someone who is knowledgeable of the law), the two parties can attempt to arrive at an agreed settlement. This is non-binding but can save both parties the expense involved in a trial.
-  Discovery. This is the time where both parties exchange information with regards to the case. Both parties should be able to see documents that relate to the case. Generally, there should be no surprises at the courtroom. Both parties will share what they have in terms of sworn statements, documents and other written proof. During this time, a number of cases go into settlement since both parties already know the “card” the other party is holding.
Settlement conferences. Both parties can also, at any time before a decision by a judge or jury is reached, opt to “talk it out”, to come into an agreement. If both parties can agree on a settlement amount, the case will be dropped.
-  Trial.  This is the time where your side will try to prove liability and that you are entitled to damages while the defendant’s side will try to show that that the he is innocent or at the very least, minimize the amount of damages the defendant has to pay.
Verdict. Once both parties have presented their evidences, the jury or the judge will give the verdict, including how much damages the defendant should pay you.
Appeal. If you or the defendant don’t agree with the decision (thinking that there are legal inaccuracies with it), any of you can file an appeal.

As you can see, a personal injury lawsuit can cost you a lot of time and money. It can, indeed, be a drain to your finances, even as you struggle with paying your medical bills and everyday expenses. Lawsuit funding can provide you with the money you need to see the trial through, if it comes to that.

Commonly referred to as lawsuit loans, this kind of funding is not really a loan. Rather, it is non-recourse funding. It is not based on one’s employment status or credit rating but on the strength of the case. The settlement loan is aimed towards helping you with your finances while you are waiting for the lawsuit to settle.

FastLawsuitMoney.com is one of the best lawsuit cash advance providers and will evaluate your case for you. Once your application is approved, you can receive your funds without waiting long. In fact, you can expect to get it in as quickly as 24 hours.

 

 

Sticks and Stones: Suing when the Words Hurt

Posted on May 28, 2012 by Fast Lawsuit Team

The common saying goes, “Sticks and stones may break my bones, but words will never hurt me.”

In today’s modern society, this may not be true. Damage can be inflicted and sustained due to vicious lies and malicious words. Reputations can be sullied and can result in emotional trauma and monetary loss. A person who sustains personal damages due to false statements may sue for libel or slander.

This can refer to statements and allegations regarding:
- A person’s commitment of a crime, including a crime of moral turpitude
- A person’s competence or professional character
- A person’s moral standing (i.e. a married person accused of adultery or a single person being unchaste)
- A person’s contracting a loathsome disease such as a sexually transmitted disease

Libel vs. Slander

Libel and slander both fall under defamation of character, which is defined as personal damage and harm caused by the issuance of false statements with regards to the person. The difference between libel and slander is the medium by which the lies are propagated. For libel, the defamatory statements were made in a printed medium (i.e. newspaper or magazine). Slander refers to defamatory statements spoken and heard (or what is called non-fixed or transitory representation).

The elements that make for a defamation of character case:
- False and defamatory statements were issued against a person (either through a fixed or non-fixed medium). A statement is considered defamatory if it results in decreasing the respect for the complainant or if it causes other people to have disagreeable or hostile opinions about hi,.
- Another person other than the injured party witnessed (saw, heard or read) the statement
- The statements were about the injured party and that the person/s who saw, heard or read the statement can identify that the complainant is the person being talked about
- The statements were injurious to the complainant’s reputation.

This can cover instances where:
- A person speaks in public (or inside an elevator) and other people hear
- A person sends a letter or e-mail message
- A person writes about it in the newspaper
- A newspaper or publication republishing a defamatory statement (i.e. the newspaper prints out a letter to the editor that defames another person)

This does not cover:
- Statements that are true
- A person inadvertently reading personal messages that were not meant for him or who unknowingly transmitted defamatory material (i.e. the post office which sent of the letter having defamatory content)
- There was written consent or an express agreement to the publication from the one being “defamed”
- Defamation of a category of people or general group or an unidentified person (i.e. a government official falsely accused of graft and corruption is not considered libelous since that official was not identified)
- Statements made in court or filed as a legal document. This includes judges, lawyers and witnesses during court proceedings. This protects witnesses and lawyers from being sued since their statements will be defamatory in nature.
- Statement of opinion. Some states allow one to state an opinion as opposed to fact, as long as it can be shown that the public is in a position to know whether the statement made is only an opinion and to judge whether or not it is true. One variation of this would be providing a comment on a matter that is of public interest. For instance, if a government official is accused of sexual harassment, giving your opinion that the official is guilty is not cause for that official to file a lawsuit against you.

The challenge of proving defamatory statements

Libel and slander are generally hard to prove. You have to show that you are clearly the one being discussed and defamed and that the recipients of the statement or message understand that the statement is defamatory and that it is about you. Also, to be able to file for damages, you need to show that there is damage sustained due to the defamatory statements. The accused may also fight back by showing that you as the complainant already have a poor reputation in the community. This is an effort to minimize the claims for damages you may make.

In addition, public figures need to prove another element if they are to file a claim. They have to show that there was actual malice when the statement was made. This means that the defamatory statement was made even when the person who made them knew that they were not true or that the statements were made without first verifying it.

Various states have differing statutes covering defamation of character cases. Each state has its own rules when it comes to whether there is cause of action and what defenses may be used. There are also some states that give the accused a chance to make his apology (in public) before non-economic damages may be claimed.

As you can see, filing a slander or libel lawsuit may be challenging and difficult. You need to show concrete proof. In addition, filing a lawsuit only puts the spotlight on the issue that may have only been known to a few people. To make matters worse, losing a defamation lawsuit due to lack of evidence will result in the public thinking that you lost because the allegations were true.

However, if you think that you have solid evidence backing up your claim, you are within your right to file a lawsuit. To provide you with more funds while your case is being heard, you can consider getting lawsuit funding.

Lawsuit funding, or sometimes called a settlement loan, is provided to those who have filed a lawsuit and are in need of funds while they are waiting for their lawsuit to be settled and for damages to be paid to them. With settlement funding, one can pay for medical bills, cover household bills and pay for court-related costs.

Lawsuit loans enable you to resist the urge to go for a low compensation settlement offer from the party you are suing. You can get access to much-needed funds in as quickly as 24 hours once your application has been evaluated and approved.

 

 

Hotel Negligence – Recovering Damages and Getting Funding

Posted on May 25, 2012 by Fast Lawsuit Team

A hotel signifies luxury, comfort, a home away from home but only better (since you’ll be paying an arm and a leg for it). Depending on the number of stars in the hotel’s ratings, you know you can expect a certain level of services and amenities. A hotel gives you a haven particularly if you are away on business or on vacation. Some even opt to stay in a hotel nearby for a “staycation”. People stay in a hotel fully trusting that there will be no disruptions caused by accidents or injury.

However, accidents and injuries do happen in hotels. The question is, can guests sue for damages when these happen?

Premises liability and hotels

Hotels have a responsibility not only to see to the comfort and needs of its guests, but also to ensure that guests are safe and secure in their premises. Hotels and similar establishments can be held responsible if a guest gets injured due to the hotel’s failure to secure the premises from risks. This also includes negligent acts made by people under the hotel’s employ.

Guests are “invitees” under the premises law. The guests are invited or attracted to come to the hotel (i.e. dine in its restaurants, hang out in the coffee lounge or stay the night) so that the hotel can earn an income from these activities. As such, the hotel has the responsibility to provide the highest duty of care.

The hotel is expected to:
- Maintain the premises and ensure its safety
- Provide adequate security measures to prevent break-ins, theft and assaults. This includes making sure that guards are in key areas, there is sufficient CCTV monitoring and locks in hotel rooms and safes are maintained.
- Provide sufficient lighting and ensure that the floors and steps are clear from obstructions and are not slippery
- Make the necessary repairs to prevent defects and potential hazards, especially those that are known or are reasonably discoverable (i.e. repair loose carpeting that might cause someone to slip and trip). This includes stairs and elevators.
- Provide sufficient signs to warn guests of potential hazards (i.e. place a sign on a wet floor)
- Ensure that the pool has adequate safety measures (trained pool staff, warning signs on the depth of the water, enough rescue devices such as floaters)

The term “hazards” not only cover those that are visible but also apparent hidden hazards or dangers.

Showing Hotel Negligence

If you are a victim of an accident while you were in a hotel, you can file a lawsuit against the hotel to claim for damages. This includes:
- Food poisoning
- Slip and trips
- Drowning incidents
- Insect infestation
- Criminal assaults, including assaults made by hotel staff and other guests
- Thefts and break ins
- Accidents involving elevators, escalators, staircases and stairwells
- Injuries caused by poorly maintained equipment

However, you need to show that the hotel was indeed negligent and as a result of that negligence, you experienced bodily injury. What you need to prove is that the hotel was remiss in providing reasonable care corresponding to the level of care expected from them.

For the claim to be admissible, you need to show that it was the hotel’s actions or inactions that caused the injury. For instance, if you slipped on some water spilled by another guest, the hotel may not be liable. However, if some time has passed after the water was spilled and the hotel failed to wipe the spill up, then the hotel will be liable.

Another important element is that there should be harm suffered as a result of the negligence. You as the complainant should be able to show that you experienced injury or loss. This includes medical expenses for the injury, pain and suffering, lost income or wages, loss of use (of a body part) or loss of companionship.

Acts of hotel employees

A hotel can be held liable for its employees’ acts based on the legal theory of “vicarious liability”, that is, a hotel can be sued for compensation for the harmful actions of hotel employees while these actions were made within the scope of employment (i.e. the employee spilled some water on the floor and forgot to wipe it up, which caused a slip and trip accident). A hotel can be also made liable for assaults caused by employees who were hired without proper screening.

It is important to note that the liability stands even if the actions were contrary to hotel policy or hotel management did not have supervision or direct control of the situation and the employee at the time the injury occurred.

Limits of hotel’s responsibility

Depending on the law in the state you are in, a hotel is not liable
- When the hotel’s fault cannot be established for the injury
- For lost deposit amounts due to unconfirmed reservations
- When guests are evicted due to safety and operational reasons
- For lost valuables when these are not placed in the hotel safe and sufficient notice with regards to valuables are posted
- For drowning incidents when “no lifeguard” and other related warning signs are posted
- For natural disasters and calamities when there are appropriate safety and evacuation plans that were implemented

Suing for damages

The burden of proof lies on the one suing for damages. Hotels, most often than not, will deny liability with regards to their negligence. It may be challenging to provide the evidence necessary to back your claim for compensation. Before you consider filing for a lawsuit, it will be good to first consult a lawyer about it.

Also, filing a lawsuit against a hotel for your injuries may be a long and drawn-out process. You can expect to wait months and even years before you can get the lawsuit settlement. Meanwhile, you will have to pay for medical expenses and struggle to provide for your family’s daily needs even while you are recovering from your injuries.

Here is where lawsuit funding can help. With a lawsuit cash advance, you can start putting things back to normal while you await the settlement of the lawsuit. This means you are able to pay your hotel bills, mortgage and any other loans. This means you don’t have to worry about your family.

Another advance of a lawsuit loan is that it is non-recourse funding. Unlike a loan where you are required to pay regardless of the outcome of the lawsuit, a settlement loan becomes payable only upon the settlement of your lawsuit.

 

Holiday Sale Trampling: Wrongful Death Lawsuit Against Wal-Mart

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.

 

Personal Injury Basics: Loss of Consortium

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.

 

Personal Injury Basics: Loss of Earning Capacity

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.