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 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 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.
Posted on March 13, 2012 by Fast Lawsuit Team
A parent’s love for a child is pure and expansive. Parents will willingly go through suffering if only to spare their child. That is why it is especially painful for a parent to see a child go through pain and suffering as a result of injuries sustained from an accident.
Causes of Injury for Children
A child is especially vulnerable since he is unable to protect himself and is dependent for others to protect and care for him. There are a number of possibilities a child can be injured:
- Car or school bus accidents compounded by the lack of seat belts
- Defective products or equipment (playground facilities, unsafe school buildings, school buses, etc.)
- Accidents that can be attributed to lack of supervision or poor security (while your child is in school or in other child care facilities)
- Slips or falls
- While in a playmate’s house
- Pool accidents
- Medical malpractice
People who may be considered liable for your child’s injuries include school bus drivers, teachers, child care providers, parents (of other children), daycare providers, churches, camps and their counselors and stores. The liability may be based on the age and development level of a child as to the level of care a responsible adult is expected to provide.
Of course, no amount of money can compensate for your child’s traumatic experience. But, as a parent, you should seek compensation for your child’s injuries. The compensation should cover medical expenses, as well as any expenses related to the child’s recovery.
Aside from medical expenses, the compensation should also cover:
- future medical bills
- Loss of earning capacity/loss of future wages
- Pain and suffering
- Disability or disfigurement
- Loss of consortium of enjoyment of life
In many instances, you can fight for your child’s right to compensation by filing a personal injury lawsuit in behalf of your child. This will mean the usual requirements for a personal injury lawsuit:
- Documentation of the injury and its cause
- Records of medical bills
- Records of doctor’s reports
When the personal injury lawsuit for your child is in the court’s hands, a judge will approve of the settlement, as well as designate the portion of fees that will go to medical expenses, lawyer’s fees and out-of-pocket expenses for you as your child’s caregiver. Once approved and paid, the settlement will usually be kept in trust and a trustee will be appointed. When the child reaches 18 years of age or when a court order directs, a child can recover the settlement. As a guardian, you can also petition the court to release funds needed for present medical expenses, particularly if these are emergency treatments.
Aside from these, you can also try to file for compensation for your losses. Caring for an injured child is no simple matter. This may mean giving up your job so that you can take care of the child. In the tragic event that you lose your child, you can also sue for the loss of enjoyment of your child’s company and love (loss of consortium).
Some considerations
Here are some areas you should be aware of for personal injury lawsuits covering your child:
- Time limits. When the lawsuit covers government employees, there may be a time limit for you to file a lawsuit claiming for compensation. Check with your county, city or state as to the time limits that cover your case.
- The need for legal advice. Avoid signing anything for your child’s behalf without first obtaining legal advice.
Lawsuit Funding for your Child’s Medical Treatment?
When your child’s injuries require extensive treatment, you may feel the urgency to get some funds. For one, you will desire to give your child the best treatment possible. This may make you especially vulnerable to the other party’s attempts to get you to agree to a settlement. This may mean that you will be receiving a lower amount that will hardly cover your child’s present medical expenses, let alone any future medical expenses and other costs related the your child’s injury.
It may be a challenge to get lawsuit funding for a personal injury lawsuit covering your child. However, there may be case where a lawsuit loan is possible, when this covers your own lawsuit or demands for compensation due to lost wages and loss of consortium.
It is best for you to consult a lawyer and to lodge your application for settlement funding. FastLawsuitMoney.com will evaluate the application and determine whether you are eligible. Once your application is approved, funding can be obtained within the day.
Posted on March 10, 2012 by Fast Lawsuit Team
The death of a loved one is a tragic event. It is even more tragic if it was caused by another person’s negligence or willful, malicious act. There is a mixture of unbelief and anger. There is grief, knowing that you can never enjoy the lost loved one’s presence and companionship. There may even be worries about the future, especially if the one who passed away was the family’s breadwinner, or at least, contributed to the household income.
What is Wrongful Death?
A wrongful death usually results from an accident, defective product or medical malpractice. The person or entity that is guilty of the death is called a tortfeasor and is liable to pay monetary damages to the victim’s survivors. Tortfeasors may be a negligent shopkeeper, an employer, the driver involved in the car accident, the maker of a faulty product, a doctor, or someone who committed a crime that resulted in the victim’s death.
Wrongful death lawsuits can be brought against a wide variety of people, such as the driver at fault in an automobile accident, a negligent employer, the manufacturer of a faulty or dangerous product, or a violent criminal.
The elements of a wrongful death suit include:
- The death was caused by an act of negligence or an unjust action of another (either partly or wholly)
- There is liability on the part of the erring party
- The victim is survived by dependents who suffer a financial and emotional as a result of the death. The survivors must show a clear relationship to the victim.
- There is financial loss that resulted from the death (lost income, the value of lost services, lost medical benefits, etc.)
Who can file a wrongful death claim?
It is important to understand that the persons allowed to file a wrongful death claim against a loved one will vary from state to state. Usually, it is only the spouse that can claim. In some states, this can extend further to children, parents and siblings.
Here are some people who may file a wrongful death claim (depending on the state where he will file the claim):
- A parent or appointed guardian of a minor. He may sue for compensation as guardian ad litem. However, most states specify that the child should first be born alive and then died. This means that in some states, there is no wrongful death suit to be filed for the death of a fetus.
- Extended members of the family. This may be allowed depending on the situation (i.e. the case of a child’s death, where parents are no longer living and the grandparents are the ones who are raising the child). On the other hand, the death of the elderly may not warrant a claim against the loss of nurturing, guidance, parental care or financial support since most family members have already been grown up at that time and are self-supporting. However, the family members may claim for loss of future inheritance if the elderly relative is still working at the time of his death.
- Legal dependents (i.e. aged parents/grandparents) who receive support or care from the lost loved one.
Family members cannot file against another family member. There may be criminal charges filed but no wrongful death suits. For example, if a spouse died as a result of being battered by the other spouse, the children cannot claim for damages for wrongful death. Only those who are not related to the defendant may file a claim.
What is included in a wrongful death claim?
Survivors can claim for:
- Medical bills (while the victim was living)
- Funeral expenses
- Loss of future income or wages (this is computed from the time of the victim’s death up to his expected retirement)
- Loss of retirement or pension benefits
- Loss of medical coverage
- Loss of inheritance
- Pain and anguish for the survivors
- Loss of consortium (i.e. the enjoyment of the victim’s companionship, care and protection)
- Monetary value of the victim’s contribution to the household (maintenance work, childcare or housekeeping, cooking or driving the kids around).
- Punitive damages (in some cases)
When deciding about the damages, some considerations are given towards the victim’s person – his lifestyle, character, health condition and earning history.
Lawsuit Funding for Wrongful Death Claims
A wrongful death claim can be a long and drawn-out affair. There will be discussions about future earnings, the victim’s history and personality and other details that will be included in the claim. It may take a while for the lawsuit to finally provide the victim’s family the funds they need. Meanwhile, bills are mounting and the family still has to pay for the mortgage, the daily expenses and the children’s education.
The good news is that a family can turn to lawsuit funding to help tide them over and provide for their needs. A family’s needs can’t wait for the lawsuit to settle. And they certainly don’t need the financial worries on top of the grief they are experiencing. The settlement loan can be used to pay off medical bills, funeral expenses and so on.
FastLawsuitMoney.com provides families and individuals with a lawsuit settlement advance during a trying time of their lives. FastLawsuitMoney.com is committed to provide a streamlined applications process. The funding is also non-recourse, meaning you don’t have to pay it back in the event that the lawsuit fails to settle. The applications also require very little legwork and paperwork on your part. Once the application is reviewed and approved, you can expect to receive your funds within the day.
Posted on March 6, 2012 by Fast Lawsuit Team
They say that air travel is the safest way to go. There are less accidents in planes than in any other mode of public transportation. However, when you consider that plane accidents and plane crashes are caused by a number of factors, you will need to acknowledge the possibility of it happening.
Some reasons for these accidents include:
- Flaws in the design or manufacture of the plane or its parts
- Human error, including mistakes made during take off or landing
- Acts of negligence by the pilot, maintenance or airline staff
- Acts of negligence by the air traffic controller
- Adverse weather conditions (i.e. storms, lightning, etc.)
- Sabotage
- Bird strikes
- Fuel Starvation
If an airplane crash is rare enough, surviving a crash may be rarer. And it leaves the victim’s loved ones devastated after the tragic accident.
Compensation for Airplane Crashes
A lawsuit will never be able to compensate the loss of a loved one. However, it can help ease the worries of the family. The just compensation arising from an airplane crash will help pay for medical expenses (if applicable), as well as funeral and burial expenses. It can also provide for the family, particularly if the loved one is the family’s breadwinner. It can also ensure that other important assets are protected – the settlement can enable the family to fully pay the mortgage or get rid of any other debt the family has.
The complexities of a plane crash lawsuit
Lawsuits filing for compensation in an aviation accident may be filed by the victim, or if he is deceased, his spouse. If there is no spouse, then his children (represented by the guardian) or his parents may sue. If there are no children or parents to file the suit, the siblings would be the next that can file the lawsuit.
However, you may not be able to get the settlement as soon as you need them. It will take time and it may even mean you have to file a lawsuit against the party that is liable. The need may be especially urgent if you don’t have the ready cash to pay for medical travel, as well as any expenses related to the loved one’s treatment or death.
Airplane crash lawsuits may turn out to be complicated affairs, especially if it involves an international flight. There are questions to be threshed out: where to file the lawsuit, what law should cover or apply, shall the lawsuit be filed by individual complainants or should they join together for a class action suit? Who is liable for the claim – is it the airline, the manufacturer of the plane, of the parts or the owner of the plane? How can damage and liability be proven?
These kinds of lawsuits are complex and involve a lot of parties that it will take years for the lawsuit to come to a conclusion.
Here are some areas of consideration:
Airline liability. This depends on the whether the flight is international or local. Local flights are carriers are covered by law and regulations of the state, which may differ. International flights are covered by the Montreal Protocol and Warsaw Convention. The two international agreements simplify the case by not requiring complainants to show proof of the airline’s negligence.
Liability for privately owned planes. Any negligence of the pilot or aircraft maintenance staff will be considered the liability of the owner of the plane.
Statutes of limitation. The families of the victims should file the lawsuit within a certain time limit. Otherwise, you lose the opportunity to claim.
Monetary compensation will be computed based on the varying laws of each state. The compensation will usually cover:
- Medical expenses (past, present and future)
- Lost future income
- Pain, suffering and disability
- Funeral expenses
- Loss of consortium (given to loved ones for their loss of companionship with the loved one)
- Loss of prospective inheritance
The expected settlement from an airplane crash is quite substantial. However, airlines and their insurance companies may try to minimize the claims by trying to talk the family out of litigation. This may seem convenient for victims and their families as they get cash they need badly at the time they need it. However, they may be missing out on the settlement that they stand to get had they proceeded with the lawsuit.
One solution for this would be lawsuit funding. This enables families to continue with the lawsuit and still survive the financial challenges of losing a member of the family. Lawsuit settlement funding can be used to repay debts, cover the mortgage, provide for the family’s daily needs and cover death-related expenses.
You can consider getting a lawsuit loan from a reputable company such as FastLawsuitMoney.com. FastLawsuitMoney.com has built a solid reputation of providing cash when complainants need it most – before the lawsuit settles. With FastLawsuitMoney.com’s streamlined application process, you can get funds in as quickly as a day after your application has been approved.
Posted on February 23, 2012 by Fast Lawsuit Team
Driving under the influence. Even though people know the dangers of doing it, and have seen countless ads reminding them about it, it seems that alcohol still has the power to make people do something completely foolish and hazardous.
2010 statistics show that over 30% of fatal accidents involved drunk drivers, with a higher percentage happening starting midnight to 3 a.m. In the same year, the practice of drunk driving has claimed the lives of 459 people. Simply put, it simply is not a good idea to entrust a vehicle to a person impaired by alcohol – it turns the vehicle into a lethal weapon.
The question is, when filing a drunk driving lawsuit, who is considered liable? Well, the obvious answer would be the driver. Even with the influence of alcohol, a driver should know full well that he should ask a designated driver to take the wheels. Having possession a driver’s license is both a privilege and a responsibility and one of a driver’s legal responsibilities is not taking the wheel when under the influence of alcohol.
However, aside from the drunk driver, there are also other parties that can be considered liable. These include:
- Parents of underage drivers (who drove under the influence). The rationale behind this is that parents are ideally the ones who can make sure that their children drive safely. In some states, parents are required to sign the driver’s license application for applicants who are below 18. Also, parents usually are the registered owner of the vehicle and thus present another level of liability. And, if the teen is having behavioral problems, parents are considered liable for the acts of their troubled teens. These troubled teens are those with a history of substance abuse and bad behavior. Some states tend to tack on punitive damages for a parent’s failure to get a misbehaving child some help and strict supervision, particularly with the use of a vehicle.
- Other parents/adults under the social host liability. A parent or another adult who serves alcohol in his home to a minor.
- Bartender or waitress who served alcohol. Restaurant and bar owners, as well as their employees, may also be held liable if the bartender or waiter continued pouring out the drinks for someone who is visibly drunk and allow that someone to drive away.
- Liquor stores, under dram shop liability. Liquor stores may be held liable if they sold alcohol to a person that is already obviously intoxicated.
Being a Victim of Drunk Driving
If you are injured as a result of a drunk driving incident, you can file claims against the erring driver. You can claim compensation for:
- Medical expenses (past, present and future costs of treating the injuries)
- Loss of income or loss of job
- Loss of consortium or wrongful death (for loved ones of a person disabled or killed by the drunk driving incident)
- Disability and disfigurement
- Pain and suffering
- Punitive damages (under some states)
The injuries caused by a drunk driving incident could be catastrophic. It may require you to spend a considerable amount for medical treatment and therapy. By the time you are able to see the settlement of your lawsuit, you may have medical bills piled up. Add to this the fact that your injuries have resulted in the loss of your job. At this difficult time, you will need someone to turn to to give you the cash you need.
Lawsuit funding can help by making it easier for drunk driving victims to have access to cash that they otherwise cannot get through other ways. With settlement funding, families of victims can have the peace of mind that comes from the assurance that they can still pay bills and meet their daily needs, aside from paying the hospital and other medical expenses.
A reputable provider of lawsuit loans would be FastLawsuitMoney.com. We are eager to provide you with quick and easy lawsuit funding to help you go through the drunk diving lawsuit. We understand that you don’t need the added worry of how to pay for the next bill or how to have money for your treatments. You can focus on working with your lawyer to strengthen your case so that you can obtain the compensation you justly deserve.
Posted on February 4, 2012 by Fast Lawsuit Team
Medical practitioners have perhaps one of the most challenging occupations. They mostly face people at one of the worst times of their lives – after a diagnosis of a sickness or due to an accident. However, medical practitioners who are involved in the area of obstetrics have it differently. They face their patients at one of the happiest times of their lives – the birth of a baby, a precious addition to their family.
However, obstetrics is not all about passing the congratulations and seeing the smile in the mother’s face once she sees the baby. Doctors and nurses can also make mistakes. They can also be negligent. And their mistake or negligence can change a family’s life forever. The result can be serious birth injuries or worse, wrongful death.
Medical Professionals and their Accountability
Doctors and those in the medical profession have a responsibility to provide a certain standard of care for their procedures or services. When these medical practitioners fail to meet these standards, they can be held accountable for medical malpractice.
Medical malpractice as related to pregnancy and childbirth include:
- Failure to administer the right medication or the proper dosages to the pregnant mother
- Failure to foresee and forestall pregnancy complications. This is related to the failure to take a complete medical history so as to forestall these complications and to determine whether the mother has allergies to certain medications or have a condition that can negatively affect the pregnancy and the birth (i.e. heart problems, diabetes).
- Failure to foresee and forestall birth complications such as fetal distress or profuse bleeding.
- An unusual delay in ordering and performing a medically-necessary C-section
- Misuse of birth implements such as vacuum extractor or forceps
- Failure to properly monitor the baby’s heartbeat during the birth, which can lead to a lack of oxygen to the baby
- Errors in administering anesthesia
Birth injuries can include:
- Erb’s palsy
- Cerebral Palsy
- Brachial Palsy
- Umbilical cord entanglement or entrapment
- Brain damage and mental retardation
- Facial or head bruising
- Fractures
- Emotional difficulties
- Physical disfigurement
Birth injury lawsuits
If your child is a victim of medical malpractice that led to a birth injury, you can file a lawsuit against the doctor and other members of the team, as well as the hospital. Aside from the mental and psychological trauma a family has to face, the care of a child with a birth injury can actually be financially devastating. The costs include:
- medical bills and regular trips to the hospital
- any necessary therapy
- cost of care over the child’s lifetime
- cost of adaptive equipment
You can file a claim for these costs, as well as demand compensation for:
- Loss of future earning capacity
- Loss of household services
- Emotional distress on your part as parents
Help for Families
As parents of a child with a birth injury, you may feel a variety of emotions – fear, sadness and anger. There is also the added stress of getting further medical treatment for the child. This can be compounded by the stress provided by filing a lawsuit. And, not all of the stress would be emotional – there would be financial strains and difficulties as well.
This is a time when you need to focus on your child, and not on your dwindling finances. That is why FastLawsuitMoney.com is here to help. We provide lawsuit funding so that you can have quick access to cash while you are awaiting the results of your lawsuit.
Lawsuits on birth injuries may take longer to settle due to the complexity of the case. It is often challenging to prove that the medical practitioners involved have indeed committed acts of medical malpractice. The doctors and other medical practitioners will fight these accusations to prevent very high increase on their insurance premiums as well as to protect their professional reputations. With lawsuit funding, you have the means to “hang in there”.
Although this is also called a lawsuit loan, the funding you get does not require you to submit your employment status or your credit rating. It does not also require monthly payments. In fact, unlike a loan, you don’t have to pay back the money if the lawsuit fails to settle. With a lawsuit cash advance, you can get relief from financial pressure and be in a position of strength to negotiate and fight for your family’s right to fair and just compensation.
Posted on February 1, 2012 by Fast Lawsuit Team
This is your dream vacation. You have looked at plenty of brochures and selected the cruise ship you liked best. You have saved up for it and exercised thoroughly for a bikini-worthy body. And when you first boarded the cruise ship, you were excited that the trip will be full of fun and enjoyment. Alas, your cruise ship dreams have morphed into a nightmare due to a cruise ship accident.
Cruise Ship Accidents
A cruise ship is virtually a city in itself. Aside from your cabin accommodations, most cruise ships will have a sumptuous dining area, more than one pool, Jacuzzis, entertainment rooms, shopping areas and so on. Cruise ships are equipped with a lot of safety devices and are staffed with people that are well-trained and well-versed in safety measures. However, equipment can fail, the staff can make mistakes or perform acts of negligence.
As a result, accidents and untoward incidents happen. These include:
- Being shipwrecked
- Running aground, collisions with other boats
- Falling overboard
- Physical assault resulting from the ship’s lack of security
- Slip and fall accidents
- Faulty or poorly maintained equipment
- Drowning accidents
- Burn injuries
- Food poisoning
- Sexual assault or harassment
The results of these incidents may be catastrophic. One can sustain serious physical injuries or worse, be a victim of wrongful death. Just recently, a luxury liner figured in a major accident when the captain steered the ship too closely to the coast of the island of Giglio in Italy. As the ship hit a reef and was starting to sink, panic ensued and some passengers jumped into the water. As a result of this human error, a number of passengers lost their lives while others were injured. The owner of the luxury owner will surely find itself faced with a profusion of personal injury lawsuits, even as there were complaints that the crew members and staff were slow in their responses to the crisis.
Protecting your rights when injured in a cruise ship
The rights of a cruise ship’s passengers and crew are stringently protected by maritime law. Cruise ships are required to follow the Coast Guard Rules and Regulations. However, since these maritime requirements as well as contractual laws and common laws may vary from state to state and from country to country, filing a lawsuit against an erring cruise ship line may be complicated. When you are thinking of filing a cruise ship accident lawsuit, you may need the services of an attorney that is experienced in handling such lawsuits.
Here are some of the things you should do in case you are a victim of a cruise ship accident:
- Inform the ship’s crew and doctor immediately.
- Document the scene of the accident. Take pictures, especially of elements that may have caused the injury. Take pictures of the injury as well. List down names and contact details of witnesses – both from the crew or the passengers.
- Request for the incident report. Make sure that you keep all the documentation you get from the liner.
- Once the ship’s doctor has seen you, ask for the copy of the medical records and any related documentation before the end of the trip.
- If you feel the effects of the injury after the trip has already ended, remember that there may be a short statute of limitations by which you can file a claim and by which you can inform the cruise ship company of your injuries and their extent. The statute of limitations, as well as other details of the contract are usually printed in the ticket so be sure to also hold onto the ticket.
- Once you return home, get a second medical opinion.
- Avoid talking to the claims representatives of the cruise line.
Funding for Cruise Ship Accident Lawsuits
One thing’s for sure, cruise ship lines are big companies with big-ticket lawyers. Coupled with the lawyers from their insurance company, you have quite a battle ahead of you. This may be especially frustrating and stressful if you are unable to work due to the injuries you have sustained.
The pressures from the lawsuit as well as financial pressures may build up so that getting a quick settlement (even one that is less that the claim’s full value) becomes an acceptable option.
But you don’t have to settle for less than the compensation you deserve. You can have the cash to hold on and keep up the fight by getting a little help through lawsuit funding. Lawsuit funding is a quick and easy way to get cash for you to pay off any debts, medical bills, court-related costs, as well as your family’s day-to-day expenses.
FastLawsuitMoney.com provides you with lawsuit funding. Also called a lawsuit settlement advance or a settlement loan, this is non-recourse funding, meaning, you don’t have to pay it back if the lawsuit fails to settle. FastLawsuitMoney.com provides lawsuit cash advances with competitive rates and a streamlined application process. You can receive the cash in as little as 24 hours after your application has been approved.