Posted on April 18, 2012 by Fast Lawsuit Team
For you to be able to file a personal injury case, you need to show the “smoking gun” – to put the fault and responsibility of the injuries and damages you sustained squarely on the court of the party you are suing. Proving the other party’s liability is the very foundation of a personal injury lawsuit. If you and your lawyer can’t prove how the other person is responsible for the pain, suffering and damages, then you can’t expect to claim for personal injuries.
What is liability?
For someone to be considered liable, it must be proven that:
- There was a duty of care that the party owes you, the complainant
- That duty was violated/breached by the other party
- There is a direct relationship to this breach of duty and injuries suffered by the complainant
- You suffered from damages and loss because of the injuries
Legal Duty to Use Care. The relationship between the complainant and the defendant must be that the defendant has the responsibility to ensure the safety of the complainant by virtue of their “relationship”. For instance, a doctor has an oath to do his patients no harm – the medical world has stringent standards of service and a doctor can lose his license for serious breaches of duty of care. A manufacturer has the obligation to ensure that products sold will not cause injure its buyers. A driver has the responsibility to ensure that passengers and pedestrians will not suffer harm from his driving. A property owner/mall manager has the duty to ensure shoppers are safe inside the mall. A homeowner who has a pool should make sure no one drowns in the pool.
Breach of Duty of Care. Simply put, the breach would be something that the other party should do and did not do or something that the other party should not have done but did. This is if it can be shown that another person who is reasonable could have foreseen the risk and done something to prevent it. Because of either an act or an omission of an act, this party put you at risk and subsequently injured you.
Causation. Of course, there can be no personal injury lawsuit based simply on the possibility or risk of injury. You can’t sue because conditions have been made risky by the other party. An actual injury must occur. And this injury must be caused by the other party’s acts or lack thereof. For instance, you can’t sue because there is a puddle in the floor, causing it to be slippery. You can’t sue the mall owner because of the slippery floor. However, if you slipped on the floor while walking along the mall and you can prove that the owner should have done something about it, you can sue for personal injury. Finally, an injury must actually occur. If a duty is breached and no injury occurs, there is no negligence claim. Furthermore, the breach must be the actual and proximate cause of the injury. If, for example, the person operating the chainsaw is using it in an unsafe manner, but you are injured by something unrelated to his or her unsafe actions, the claim of negligence would not be valid.
Damages. You need to show actual damages. This includes monetary damages due to medical treatment, the necessity to hire housekeeping or child care, lost income and so on.
Other considerations:
- Placement of warnings. This is especially true for product liability cases. If there is a reasonable risk or safety issue in a toy or product and the manufacturer did not provide the proper warning about the risk and a person is injured, that person can sue for personal injury claims.
- Your own acts. Duty of care may not exist, depending on your own acts as well. For instance, if you were careless or were actually trespassing, duty of care will be seen in a different light.
- Levels of liability:
Strict liability. The other party can be held strictly liable if it can be proven that he could have prevented the injury and damages but did not do so. This is regardless of whether you had some part in the accident. For instance, if a dog owner already knew that his dog has a history of attacking other people but did not restrain the dog properly, he is liable.
Comparative negligence. It may be that both you and the other party have their share in causing the accident. Comparative negligence may result in a smaller amount of compensation, since you were partly to blame for your injuries.
Proving Liability
Proving that the other party is liable may be a complicated matter, depending on the type of case you have. Even when you hire a lawyer to help with the lawsuit, it may take time and considerable expense. It’s best to ensure that you have sufficient resources to battle it out. You may need lawsuit settlement funding so that you have funds to pay for medical expenses, your family’s everyday needs, as well as costs related to the lawsuit.
If you are in need of lawsuit funding, you can come to FastLawsuitMoney.com. Often called lawsuit loans, this kind of funding provides cash without requiring you to present employment records or credit ratings. Plus, it is the kind of funding that you only need to pay back when the lawsuit settles. In case, the lawsuit fails to settle, you are under no obligation to repay the funds.
Posted on April 15, 2012 by Fast Lawsuit Team
With personal injury cases, the clock’s running. If you don’t file your lawsuit in time, you will find that you may have already lost your right to claim any damages. The statue of limitations is a law that limits the length of time you can file a lawsuit after you have been injured or experienced damage. Once the statute of limitation expires, you can say goodbye to any compensation.
Why is there a statute of limitations?
The statute of limitations was established in the interest of fairness, both to the victim and to the one potentially being sued. The statute is there because victims should not need to wait an unreasonably long period of time before filing a lawsuit. Waiting a long period may be detrimental to the case since evidence may long be gone or forgotten. If the lawsuit is filed years after the accident, witnesses may already be hard to find and may only have hazy memories about the accident. It is also fair for the erring party – for him to be able to move on without having to worry about a lawsuit anywhere in the future.
Varying Statues of Limitations
If you are a victim of an injury, it would be best to consult with a lawyer about the statute of limitations applying for your case:
- Where the lawsuit is filed. States have their own statute of limitations – they can range from one year to six years. Some states also provide special rules for minor complainants – usually, the statute of limitations does not start until the minor turns 18 years of age.
- Whether it is filed in a federal or state court.
- The kind of lawsuit filed or otherwise known as “cause of action”. For instance, in the state of California, slander or libel has a one-year statute of limitations while you have two years to file a personal injury case.
- If the lawsuit is filed against the government. There are strict rules when it comes to suing a government employee or entity. You usually have as little as 60 days to file a “notice of claim” after you have been injured.
When does the clock for the statute of limitations begin?
- The Discovery of Harm Rule applies when it comes to determining the start of the statute of limitations. The clock starts to run when the complainant is aware that he has suffered harm. This is especially true for defective medicines – where the effect of the problem may only be noticeable after a certain length of time. Another example would be a customer who hires someone to construct his house. A faulty foundation may not be immediately noticeable. But, when the foundation suddenly collapses after several years, the customer has the right to seek redress. However, the delay in one’s finding out about the damage he sustained should be reasonable by certain standards. If the person taking the medicine experiences some bad side effects but refused to get medical treatment for a number of years, his claim may no longer be applicable and the statue of limitations may have already expired.
- For minors, the statute of limitations begins when the minor complainant turns 18.
- For relatives who want to file a lawsuit in behalf of the victim and if the victim dies within the statute of limitation, the time limit is extended from the date of the victim’s death.
- For individuals who are declared legally insane or who are in prison, the statute of limitation does not start until the individual is considered to have legal capacity or have access to the courts.
Lawsuit Funding for Personal Injury Lawsuits
Knowing your own time limit for your lawsuit is important so as to ensure that you maintain the right to sue. But if you are the injured party, more often than not, you will not need a statute of limitations to remind you to file a lawsuit in order for you to get the compensation. By the time you get out of the hospital, you may already have to face a mountain of bills and debts. You may be easily tempted to give in and give up the case in exchange for a measly settlement amount.
But, if you have access to funds, you can continue with your lawsuit without fear of financially going under. Lawsuit funding will help you survive this trying time. This is non-recourse funding for those who need a little financial shot in the arm. By non-recourse, this means that you don’t have to pay back the lawsuit loan if the case does not settle.
For a reputable source of settlement funding, you can go to FastLawsuitMoney.com. FastLawsuitMoney.com has since built a solid reputation for fast applications processing. You don’t need to present mounds of paperwork. You also don’t need to show your employment status or your credit rating. And, once the application is approved, funds can be in your hands in as quickly as a day.
Posted on April 12, 2012 by Fast Lawsuit Team
If you are a victim of an accident that is someone else’s fault, you can seek redress by suing the erring party for compensation. But, if you have a previous injury, you must remember that it can also affect your personal injury claim.
Did you have episodes of back pain prior to the injury? Did you already suffer from headaches? One thing you can expect is that when you file a lawsuit, the other party’s defense will carefully look at your medical records and find reasons for them not to pay your claim or to at least lessen the amount they have to pay. They can do this by stating that the injuries you are claiming against was actually not caused by the accident but by previous events. When they can do this, the erring party only needs to compensate you for the harm he caused, and not for harm that you have previously experienced.
The “Eggshell Skull”. Under this principle, the adage: “You take the plaintiff as you get them.” applies. For you who have a pre-existing condition and have learned to manage that condition in such way that you are pain-free or are only suffering minor discomfort, you have the right to recover for your losses due to the accident. After all, the accident was not your fault.
Under the eggshell skull principle, falls two rules: The thin skull principle and the crumbling skull principle.
The “Thin Skull” principle. The erring party can try to avoid payment by pointing out that the injury was caused by a previous event. However, if you can prove that your pre-existing injury was actually made worse by the accident, you can file a claim for compensation based on the degree by which the accident worsened the pre-existing injury. The increased level of pain and worsened physical situation is based on the “eggshell skull” principle. Based on this, even if the accident should not have caused such damage under “normal” circumstances (i.e. you are in good physical condition), the erring party is still liable for the injury. Regardless of the fact that you basically walk around with an “eggshell skull”, the premise is that you would have been perfectly fine had it not been for the accident.
For example, if you are already suffering from osteoporosis and you had a minor slip up due to a wet floor inside the mall. The mall operators will be liable for the full extent of the damage and injury you experienced, even if any other person who had the same slip up would just have walked away intact.
The “Crumbling Skull” principle. The erring party only needs to pay you for the degree by which your injury was worsened. For instance, you already have scoliosis and are expected to have episodes of back pain in the future, regardless of whether the accident occurred or not. The erring party is not liable to pay for the back pain. However, if the accident has worsened your bad back so that you need to see a doctor for treatment, the other party is liable for those medical expenses.
Don’t lie about your pre-existing condition. Resist the temptation to hide your pre-existing injuries – there are no secrets in a lawsuit and for the court to find out that you lied or hid facts about your medical condition. Remember that when you file a lawsuit, the other party will be provided with access to your medical records. They will see what your doctor, chiropractor or other health practitioner has recorded about your condition, as well as the statements you gave them. They will also see how often you came for treatment.
Immediately seek treatment for your injury, no matter how minor. If that collision has jostled your previously injured back, be sure to go to the hospital to have it checked. Otherwise, the other party can say that it is due to your negligence and failure to seek treatment that your condition worsened. Don’t fall into the trap of thinking that since you already have the condition before the accident occurred that the accident had nothing to do with the pain you are experiencing.
Pre-existing conditions can make your lawsuit even more complicated. It can also mean that more time before a lawsuit is decided on and settled. Meanwhile, you may be undergoing financial stress because of your medical bills and your day-to-day expenses, even as you are unable to work. You can seek help by applying for lawsuit funding.
FastLawsuitMoney.com provides quick and reputable lawsuit settlement funding. FastLawsuitMoney.com is committed to helping people like you to make sure that you get the compensation you deserve, even with your pre-existing condition. With cash from the lawsuit loan, you can start paying off your medical bills, provide for your family’s needs and ensure that your lawsuit is as strong as it can be.
Posted on April 6, 2012 by Fast Lawsuit Team
Faulty electrical wiring may simply give you an unpleasant jolt. Or it can be career-ending. Worse, an electric shock can be fatal.
Take the case of a commercial airline pilot who suffered from electrocution while taking a shower in his hotel bathroom. He had recently passed a physical examination that vouched for his good health and eligibility to fly a plane. It was shown that the light fixture in the shower was defective and caused the electric shock, which affected his eligibility for his job. The pilot has the right to sue for compensation – for the pain and injury, as well as for the loss of his job.
Electric shock and burns
Electric shock and burns are caused by electricity passing through the body. The severity of the physical damage depends on the area of contact, the strength of the electric current and the length the person was exposed to the electric current. When the current that passes the body is perpendicular, passing from hand to hand, there is fewer electrical current that passes through the body. When the current passing through the body is parallel, passing from head to toe, there is more damage as more vital areas in the body are affected. If the person is wet (due to a shower or sweat), this could also have a negative impact on the severity of the injury.
Physical effects of an electric shock could include:
- Contact burns
- Deep burns in internal tissues
- Muscle injuries since the electric shocks force violent contractions of the muscles.
- Bone injuries (dislocations or fractures) – the violent contractions can also break or dislocated bones.
- Internal organ damage (kidney failure)
- Brain damage
- Cataract formation
- Death due to cardiac arrest
There are also secondary effects to the electric shock. If the person fell or was thrown backwards during the shock, he can also sustain additional injuries.
Causes of Electric Shock
Electric shock can be caused by:
Work accidents. Workers, particularly in the construction industry, have a higher than normal risk of electric shock, especially if safety procedures are ignored or violated. Construction sites may have open lines. Those working on roads may touch underground cables.
Defective products. Users of defective products may experience electric shock caused by faulty design or by faulty manufacturing.
Maintenance problems. Customers may be victimized in public facilities such as amusement parks, hotels, hospitals and so on if some of the equipment is poorly maintained.
Contractor mistake. Errors in the construction of the house and set up of electrical lines may result in electric shock injuries.
Other causes of electric shock include water penetration, sockets with too many electric appliances plugged in and faulty wiring.
Filing a Personal Injury Claim for the Electric Shock
For you to have a case against the erring party, you must show that the other party has a duty of care to you – you are a customer, an invited guest, an employee. The other party must have the responsibility of ensuring that the product or premises is safe from electric shocks. It must be shown that if they had not been negligent, the shock and subsequent injuries could have been prevented.
If you are a victim of electric shock, you must make sure to seek medical treatment for your injuries so that it can be shown that you have done your part to minimize the amount of damage you sustained.
When you file an electric shock lawsuit, you should include the following:
- Medical expenses related to the electric shock (both present and future)
- Loss of income
- Pain and suffering
- Cost of adaptive equipment and therapy
While you are waiting for your lawsuit to settle, you should consider applying for a lawsuit cash advance. This will help fund your medical treatment to ensure that there is no further physical damage. The cash you get from lawsuit funding can be also used to pay for your day-to-day expenses, as well as to cover for court-related costs.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement loans for people who are awaiting the settlement of their lawsuit and are in dire need of funding. With FastLawsuitMoney.com’s streamlined applications process, you don’t need to provide records of your employment or credit rating. You can also get your funds quickly, once your application is approved.
Posted on April 3, 2012 by Fast Lawsuit Team
So you have been injured because of a careless driver, a defective product or a slip and fall at the mall. If you are lucky, you may get away with just minor bruises. However, if the accident was particularly catastrophic, you may end up in the hospital with:
- Soft tissue injuries, including whiplash
- Broken bones
- Brain tissue injuries
- Spinal cord or back injuries
- Paralysis
- Dismembered limbs
- Injuries to the internal organs
These serious injuries will require extensive treatment at the hospital. Your treatment expenses will usually involve the following:
- The professional fees of your doctors, surgeon, anesthesiologist and nurses. There are also cases when your doctor will refer you to a specialist for a more detailed diagnosis.
- Laboratory or diagnostic testing such as CAT scans, x-rays, blood tests or MRIs.
- Medications
- The fees for physical or occupational therapy. Physical therapy seeks to help patients recover their normal functions after the accident. Meanwhile, occupational therapy is geared towards functional limitations where an accident victim is unable to perform the activities they usually do not just in their occupation but also in their day-to-day living.
- The fees of a psychotherapist to help deal with the psychological effects of the injury. The victim may suffer from anxiety or depression after the event. The accident may render him physically disabled or may cause him to lose his job. He will need the help of a mental health therapist to help him move on from the trauma.
- The fees of a chiropractor, for problems with alignment of the bones.
- The installation of prosthetics or adaptive equipment. This may include computer-aided equipment, wheelchairs, medical aids, artificial teeth or artificial limbs. There may also be home improvements in order for the victim to adapt to the injury or any resulting disability.
Other expenses may include cosmetic surgery (to repair damages caused by the accident), lifetime care, traveling and lodging expenses for the family or caregiver(while they are taking care of the victim in the hospital) and organ transplants.
The importance of computing your medical expenses
The amount of medical expenses provides an important baseline for the rest of the personal injury claim. In some instances, compensation for pain and suffering is based on a multiple of the medical expenses.
Future Medical Expenses
When computing for your medical expense claim, you should also include future medical expenses. Your injuries may necessitate continued therapy. Remember that once you settle your claim, you waive the right to further claims so you must carefully estimate the cost of future treatments.
Also, keep note of the following since your personal injury claim may involve a substantial amount of money:
- Keep your doctor’s records, as well as all bills and receipts. The doctor’s report should include a description of your condition and injuries, as well as the recommended treatment.
- Avoid signing anything from the insurance company (regardless of it is your insurance company or the other party’s insurance company) without advice from your lawyer. The insurance company may ask you to undergo an independent medical examination.
- You need to seek medical treatment for your injuries. The court will check whether you as a victim also did your part in preventing additional expenses. If you failed to seek medical treatment until your injuries have become worse, this may harm your personal injury lawsuit. The more one waits to have treatment, the bigger the possibility of needing more expensive treatment or the bigger the chances of developing a chronic illness.
- Your treatments should be reasonable, prescribed by your doctor and related to the injury. You cannot include a liposuction or a nose job along with the treatments for your injury. You can expect the other part to go through your medical expenses claim.
- Pre-existing conditions may also affect your claim. Be sure that your doctor has also documented the effect of the accident on your pre-existing condition.
Lawsuit Funding for your Personal Injury Claim
As you can see, computing for medical expenses can be a detailed affair. You can also expect the other party to not take your claim lying down. They will try to dispute each item so as to minimize the medical expenses they need to pay you. Remember, your medical expenses (as well as the rest of your personal injury claim) may prove to be a substantial amount. You need to stand your ground to ensure that you get the fair and just compensation that you deserve.
One way to help you work towards the right compensation amount is to get lawsuit funding. Lawsuit funding will give you access to quick and ready cash at the time when you need it. With a lawsuit settlement advance, you will be able to refuse offers that are below the amount you expect.
If you need a lawsuit loan, you can go to FastLawsuitMoney.com. As a reputable provider of settlement loans, FastLawsuitMoney.com can provide you with quick and ready cash once your application has been processed and approved.
Posted on March 19, 2012 by Fast Lawsuit Team
An accident can range from a simple fender bender, an embarrassing fall to something much worse. With the first, you just emerge a little shaken and perhaps with a dent on your car or a scratch on your arm. With the latter, the injuries may be catastrophic that they can change your life (and that of your loved ones) forever. That’s tragic enough, but what makes it worse is that you may not receive the compensation that befits your injuries unless you file a lawsuit against the other party (and their insurance company as well).
When it comes to personal injury claims, it helps to understand your rights to compensation. The other party may try to get you to settle for a certain amount, which most likely is smaller than the actual value of your particular personal injury claim. Before you sign anything, it’s best that you consult a lawyer to help you determine the full amount of the compensation that you should get.
Here are some personal injury claim areas that you should look into to make sure that you get a fair and just amount:
Liability. When liability can be proven to sit squarely on the other party’s side, you can work towards getting the maximum amount of compensation. In some states, if the accident was partly caused by your negligence as well, this can decrease the amount of compensation. It is important for you to be able to present proof with regards to the other party’s liability – that they indeed, by virtue of their negligence, mistake or willful act, caused the accident to occur. That is why it is important for you to document the site of the injury, as well as the doctor’s reports that show the extent of your injuries.
Type and Extent of Injury. Injuries can be minor, catastrophic or fatal. Compensation can be determined based on the type of injury you sustained. The type of injury will help determine future medical expenses, as well as the amount you may need for adaptive equipment and future expenses for therapy and home care. Injuries may fall under the following:
- Temporary partial disability. The total disability is only temporary and the patient is reasonably expected to recover from the disability. After which, the patient should be able to do activities he used to do.
- Temporary total disability. The patient is totally disabled during his hospitalization and recovery, but afterwards is expected to resume full function.
- Permanent partial disability. The disability is permanent, but the patient is still able to do some of the activities he used to do and is still able to work to earn some money up to a certain extent.
- Permanent total disability. The disability is permanent and the patient is not expected to recover from the impairment.
Please note that there are different definitions of disability (as it may apply in certain states). A person may be considered disabled if he is unable to perform the tasks he needs to do his current job.
Medical damages. Be sure to keep records of all your medically-related expenses. These include:
- Ambulance expenses
- Emergency and in-patient hospital bills
- Professional fees (doctors, chiropractor, surgeon, etc.)
- Prescription medications and over-the-counter drugs
- Diagnostic fees, laboratory fees
- Surgical apparatus or prosthetic appliances
- Nurse fees
You should also take into account future medical expenses if it can be shown that you need to get continued medical care.
Non-Medical “Special Damages”. This includes expenses during your hospital stay such as expenses for gasoline (going to and fro the hospital), lost wages, lost sick leave or vacation leave, hotel and food expenses (for the caregiver), as well as child care and household help during the hospitalization and recovery.
Lost income/loss of a Job. Not only should you fight for the income you lost while you were laid up and recovering. The compensation should also cover future lost income or the eventual loss of your job. You should also seek compensation if the injuries you sustained resulted in your needing to take a job on a part-time basis or a job that pays a lower rate.
Pain, suffering and mental anguish. In some states, there is compensation provided for pain, suffering and stress you underwent. This would cover the severity and length of the pain caused by the injuries, as well as the instances that cause or will continue to cause emotional or mental distress to you.
Loss of consortium. This covers compensation for the loss of “enjoyment” or benefits of a relationship. Your injuries may affect your relationships with your spouse and your family. For instance, you can no longer engage in sexual relations with your spouse, this is subject for compensation.
Depending on your injuries, you may stand to receive a considerable amount as your compensation. Of course, the other party would try to minimize the compensation they would have to pay you. A lawsuit will be useful in settling this issue.
However, a lawsuit is the last thing you need while you’re recovering from your injuries. You may need added funds to help ensure that your case is strong. During this time, you may already be burdened by medical expenses, as well as the need to provide for your family’s daily needs. Lawsuit funding will help you deal with these financial burdens.
The cash you get from a lawsuit settlement funding will give you ready funds. This way, you don’t have to be tempted to accept a low settlement offer from the other party. You can continue with the lawsuit or with negotiating a proper settlement amount.
If you are in need of a lawsuit loan, you can go to FastLawsuitMoney.com for fast and reliable processing of your application. With FastLawsuitMoney.com, once your application is reviewed and approved, you can get the funding in as quickly as 24 hours.
Posted on March 3, 2012 by Fast Lawsuit Team
A saying goes, “Be true to your teeth, or your teeth will be false to you.” Our oral and dental health is important. We practice good dental hygiene not just for cosmetic purposes (to have that bright, white smile) but for health purposes as well. Bad dental health can lead to a host of other illnesses (such as heart disease). That is why it is recommended that we regularly go to our dentist for check-ups and treatments.
Dental Malpractice
As with other medical practitioners, dentists can make serious mistakes and acts of negligence that will result in service that falls below the prescribed standards of care. Dental malpractice covers treatment, failure to treat misdiagnosis or other mistakes or misconduct that no other reasonably prudent dentist or dental practitioner would have committed.
You must also remember that for the dental malpractice to be considered actionable, there should be injuries resulting from the malpractice.
Some cases filed with regards to dental malpractice covers:
- A failure to detect oral cancer
- A patient whose dentures were ill-fitting, which resulted into pain
- A patient who underwent severe pain and suffering for a dentist’s failure to provide him with immediate treatment due to an abscessed tooth. As a result, the patient had a severe infection to his brain that caused permanent spastic quadriparesis (muscular weakness of all limbs)
- A patient who suffered from multiple fractures in the jaw during wisdom teeth extraction
These cases were successfully filed and settled.
Here are other possible dental injuries and dental malpractice where the dentist may have liability:
- Wrongful death due to a treatment or oral surgery gone wrong
- Injuries (temporary or permanent) to the nerves of the chin, tongue, lips and jaw
- Delayed or improper treatment of oral diseases
- Injuries arising from the faulty use of anesthesia
- Misdiagnosis of oral condition
- Failure to diagnosis oral cancer, gum disease and other serious oral problems
- Infections and injuries due to misaligned or faulty prostheses, root canal or crown
- Improper treatment provided by an unlicensed dentist
- Infection sustained due to unclean, faulty or improper use of dental implements and products
- Loss of taste or numbness
- Structural damage to the gums, chin, lips or tongue
- Root canal injuries where treatment used Sargenti Paste (N2)
- Injuries resulting from teeth extractions that were unnecessary
- Failure to get informed consent from the patient
A Dental Malpractice Lawsuit
A dental malpractice lawsuit is particularly challenging. It is but natural that the dentist you sued will try to refute your claim, or at least, devalue it. Much of the case rests on expert opinion and testimony. Thus, you may have to prepare yourself to get the best experts that will sufficient prove your claim and protect the rights you have to demand for compensation for the injury, as well as the pain and suffering your went through.
You should also remember that there is a statue of limitations for dental malpractice claims – although the length of time will vary from state to state. If you are not able to file your lawsuit within the statute of limitations, you can no longer claim for the compensation due you. Also, if you are suing a dentist or dental practitioner that is under the employ of the government or a public hospital, you are required to provide formal notification regarding your claim in as quickly as 180 days.
The importance of ready cash
The lawsuit will most likely require the hiring of expert witnesses to show that the dentist is the person directly and irrefutably responsible for the injuries and the subsequent damages incurred. You also don’t have the luxury of time. This pressure to file the case and hire your expert witnesses is further compounded by the fact that you may need additional funds to treat the injuries you sustained due to the dental malpractice. And since your claim will eventually be paid by the insurance company that covers malpractice complaints for the erring dentist, you can expect the lawsuit to be a long and drawn-out process.
This is where lawsuit funding can help. Lawsuit funding can provide you with the funds to say “no” to the offers that may first be sent out to you by the other party. Without the cash to help tide you over, it may be very tempting to just give in and give up on the lawsuit.
The great thing about settlement funding is that it is non-recourse funding. This means that you don’t have to pay the funds back in the event that the case fails to settle. The lawsuit loan also is based not on employment records or credit standing, but on the merits of the case.
For quick and easy lawsuit loans, you can trust on FastLawsuitMoney.com. FastLawsuitMoney.com has built a solid reputation for processing applications quickly. You can receive your cash in as quickly as 24 hours once your application is approved.
Posted on February 29, 2012 by Fast Lawsuit Team
In journalism, they say that “Man bites dog” is the news that gets the headline, not “Dog bites man”. However, even if a dog bite does not merit the front page of your local newsletter, it can still be damaging to the victim. The injuries are not only caused by dog bites, but also tripping on the dog or leash and knock downs. Some injuries include abrasions and bruising, broken bones and torn ligaments. More serious attacks can result in catastrophic injury – loss of motor function, deformities and even death.
And dog bites are no joking matter. Losses related to dog attacks have amounted to over $1 billion every year with the CDC estimating some 4.5 million dog bite victims (about 3,000 of these are letter carriers). In 2010 alone, 34 dog attacks resulted in death while close to 800,000 dog bite victims had serious enough injuries that needed some kind of medical treatment. Approximately 400,000 victims were brought to the hospital emergency room for treatment. A considerable percent of dog bite victims are children. In fact, dog bites and dog attacks fall on the top 5 reasons for emergency room visits by children.
Dog Bite Law
Although states have different versions of the dog bite law, the general thought is that the dog owner takes responsibility for the dog’s actions. That means that if someone is bitten or attacked by the dog, the victim can claim full compensation from the dog owner’s premises insurance policy. It is important to note, though, that liability is defined differently from state to state, and even from city to city. Also, aside from the dog owner, some states also hold other people liable – this includes:
- a landlord who allowed a tenant to keep a dog that is considered vicious or dangerous
- a person who is counted as the dog’s custodian
- an employer who allows employees to bring their dogs to the workplace
- businesses that allow their customers to bring dogs into the store
- police officers who are responsible for their canine unit
- animal control officers who allow a dogs (that have been known to be dangerous) to roam freely in the neighborhood
The definitions may be based on some of these principles:
One bite rule. Under this principle, the dog gets one “free bite”. That means that the owner will be held liable if he already knew or should have known the dog’s propensity to bite and attack. That is, there were previous instances where the dog bit a person or acted as if it wanted to bite.
Negligence. Liability is also assigned for acts of negligence. This includes the failure to make reasonable action to prevent the dog from biting or attacking others or making an unreasonable action that caused the attack. Examples would be tying the dog at an area near a public gathering, not tying the dog to a leash or holding too many dogs at the same time.
Statutory liability. Most states impose statutory liability or statutory strict liability. In general, a victim can claim for compensation by just proving that the dog bit or attacked him and that the owner (or custodian) is the person liable.
Once liability is proven, the owner’s premises insurance (homeowners’ insurance or renters’ insurance) will kick in to pay for the damage. The claim will usually cover:
- medical expenses
- living expenses and other related expenses (transport cost, cost of hiring a caregiver, etc.)
- therapy (may be physical or psychological)
- permanent scarring or disability (whether temporary or permanent)
- pain and suffering (in some states)
- cosmetic services and expenses
- compensation for loss of quality of life
- compensation for lost wages, as well as loss of future earning capacity
- punitive damages (Only in some states, and very rarely. It must also be proven that the owner was seriously negligent. Punitive damages are to be paid by the owner, not by his insurance.)
Victims are usually people who have a reasonable right to be in the premises (i.e. the owner of the property invited him in for social or business purposes. This includes workmen that are hired to work on the premises). There are some people who can’t file a lawsuit claiming for dog bites. These include:
- veterinarians and their staff, who are tasked to take care of the dog
- people whose profession is to work with dogs (groomers, people who walk or sit dogs for a living, dog trainers)
- trespassers
- people who are committing a crime against the dog’s owner
- people who provoked the attack (i.e. hurting or teasing the dog)
- the dog was “working” (i.e. helping the police or military)
When you are a victim
If you have been bitten or attacked by a dog, you should:
- Take pictures of the injuries, as well as the dog.
- Get the documentation (List the owner’s name and contact information. Get the list of the witnesses as well.)
- File a report to the animal control authority.
- Get treatment as soon as you can. Not only is this to safeguard your health, it is also important to show that the victim get treatment to prevent further injury or infection.
- Hire a lawyer to help you file your dog bite lawsuit.
Lawsuit funding for dog attack lawsuits
Once you have file your personal injury lawsuit, you may need to wait it out before you can get the settlement. In the meantime, you can look towards lawsuit funding to provide you with the funds to survive for the following days. You can use the funds you get from the lawsuit loan to pay for treatment, as well as get rid of any debts and spend to ensure that you present a strong case in court.
Since the lawsuit is covered by the owner’s insurance company, it is usually easier to get the settlement funding, particularly if you are working with a reputable company such as FastLawsuitMoney.com. Once you are approved as eligible for funding, you can receive your funds in as quickly as 24 hours.
Posted on February 20, 2012 by Fast Lawsuit Team
You have built your dream house. Or you have rented an apartment that is within your budget. Or, you are doing more than your fair share of hours at the office. You have spent considerable time at these places without knowing that there is a silent killer wreaking havoc on your health – toxic mold. This mold can be found in places that have a tendency to be damp, including wood panels, wallpaper, ceiling tiles, carpeting, insulation, fiberboard and even dust.
Although some forms of mold are not dangerous, black mold or stachybotrys chartarum is linked with toxic mold syndrome. Exposure to toxic mold can have serious health consequences. These include:
- Compromised immune systems
- Itchiness, rashes or open sores
- Itching, burning or watery eyes
- Headaches
- Constant achiness in the joints or fatigue
- Breathing problems, asthma attacks, bronchitis
- Ear or chronic sinus infections and pain
- Diarrhea
- Hair loss
- Nose bleeds
- Coughs that bring up black debris or blood
- Appetite loss
- Memory problems
- Nervous or neurological disorders
- Sex problems
When mold exposure is serious and at its late stage, it can cause long term memory loss, brain damage, lung injury, blindness, cancer, and even death.
If you have been exposed to toxic mold and suffered serious medical injuries and the presence of the mold was due to another party’s mistake or negligence, you have the right to file a claim for compensation. The same goes for businesses that lose work hours and revenue because they had to stop operations to fix the problem.
You can file for compensation for the following:
- Cost of inspecting and repairing the affected area
- Loss of use of property (i.e. the need to rent out another residence while your home/apartment is being repaired)
- Damage to other property
- Cost of relocation (i.e. hiring the moving truck)
- Depreciation cost of the home or property
- Medical expenses (present and future)
- Cost of therapy and adaptive equipment
- Loss of income or job due to the sickness
- Compensation for pain and suffering
The liability can fall on various parties. This can include contractors, framers, roofers, suppliers of construction material, landlords and previous homeowners.
Victims have already successfully litigated and fought for their compensation. For instance, in February 2009, a family from Virginia was awarded $4.75 million when they sued their contractor for negligence that resulted not just in damage to their home, but also to their health. Two ladies from Delaware had a jury grant them $1.04 million in compensation in a lawsuit against their landlord, where the landlord failed to repair leaks and this resulted in severe breathing problems.
When filing a toxic mold lawsuit, you should remember to do the following:
- Take pictures of the contaminated area
- Take pictures of any household items that are also contaminated
- Keep records of the expenses related to the repair of the house
- Keep records of medical expenses
- Ask your doctor for a medical report of your injuries
While waiting for your lawsuit to settle, you may need some funds to ensure that you and your lawyer are able to build a strong case. These funds can also be used to cover medical expenses and other bills that you incur due to your medical condition. Lawsuit funding can provide such funds at a time you direly need it.
Toxic mold lawsuits can be tricky and may take months or years to come to a desired conclusion. But with lawsuit settlement, you don’t have to worry about not having funds to see the lawsuit through. FastLawsuitMoney.com provides you with the lawsuit cash advance that is not based on whether you have a good credit rating. Rather, the funding is evaluated based on the strength of the case. You don’t also have to worry about paying back the lawsuit loan, as it is non-recourse funding. You only need to pay the funding when your lawsuit settles.
Posted on February 13, 2012 by Fast Lawsuit Team
You are required to prepare for debt collection lawsuit that your creditor files against you on defaulting on payment. But it is advisable to pay off the debt by enrolling in debt solutions program before your creditor files a lawsuit against you. It will help you avoid the legal hassles and at the same time eliminate your financial woes.
But if your creditor has already filed a lawsuit against you then before facing your collector in the court ensure that you acquire basic knowledge on this procedure. Due to lack of knowledge on the part of the consumers they lose the lawsuit. Therefore, here are the following things that you need to keep in mind in order to deal with a debt collection lawsuit.
If the consumer does not have proper knowledge on the litigation process then you can lose the debt collection lawsuit. The litigation process for debt collection lawsuit can be intricate. The complexities can be one of the essential reasons behind making careless mistakes that leads to losing the case. So you are required to acquire prior knowledge on the credit card debt litigation process.
The attorneys of the creditors will present logical arguments before you and if you are not well prepared then the attorney can steer you away from these arguments. Therefore, you are required to be prepared with the litigation process in order to avoid losing the lawsuit.
During a lawsuit you can argue that your bank or creditor didn’t loan you money that was in their control. This is considered to be an effective argument because creditors do not have money in their control before issuing your credit card.
Make sure that you force your creditors to present the original signed and dated contract with the terms of your agreement. Usually creditors use fake contracts with more binding terms in order to compel consumers to make payments.
Therefore, you can take legal help in order to know about litigation process. A skilled lawyer will guide you through the debt collection lawsuit and help you with the counter argument. Once you are well aware of the process then your creditor will not be able to win the lawsuit against you.