Posted on June 8, 2013 by Fast Lawsuit Team
Personal injury lawsuits are not only for injuries accidentally caused by another party’s negligence or careless acts. They can also be for intentional acts such as assault and battery, aside from felony or misdemeanor charges that may be included. Victims of assault and battery can sue for compensation for the injuries they sustained. In some states, the damages may also include punitive damages, especially if it can be proven that the offender acted with malice and with deliberate intent to harm the victim.
Assault and Battery: What’s the difference?
These two can come separately or together. However, it is important to note that these are two separate offenses. Basically, assault is defined as any threat or intentional act to harm or cause injury to another person, where the victim has reasons to fear for his safety. There is also the possibility and the ability to carry out the threat if preventive measures are not made. One can sue for assault even when there is no touching or actual contact involved and even when there really was no actual ability to inflict harm, such as a person trying to scare you with a realistic-looking toy gun. Although the rules covering assault and battery differ from state to state, for most states, the threat of harm would be enough.
Battery, on the other hand, involves actual contact. The person being sued actually touched or struck you in an attempt to do you harm. It involves offensive or harmful contact by the offender where the harm can be:
- direct and immediate (the offender directly causes injury, such as his punching the victim in the face)
- indirect and immediate (the offender does not have to make direct contact but was the source of the offensive contact, i.e. throwing a rock at someone)
- indirect and remote (the offender set a trap, which injures the victim a few days later)
Assault and battery can come in a number of forms:
- Assault with a deadly weapon. The offender uses a deadly weapon to threaten or to harm. Examples of deadly weapons include a gun, knife or baseball bat. This is often considered a criminal act.
- Assault and battery. This starts with a verbal threat that is followed by the actual use of physical force to injure. This is often considered a criminal act.
- Aggravated battery. The injuries sustained by the victim was caused by the use of a deadly weapon. This is often considered a criminal act.
- Domestic Assault and battery. This is assault and battery involving family members. Depending on the injuries sustained, this can be a misdemeanor or a criminal offense.
- Sexual assault and battery. The threat and actual use of force to perform sexual acts that are against the victim’s will or without his consent. This is often considered a criminal act.
Assault and Battery injuries are usually sustained during:
- Thefts and robberies
- Riots and fights
- Fights in public places (sports arenas, neighborhoods, bars, schools)
- Domestic violence
- Altercations with the police where police brutality is allegedly involved
- Sexual assault and rape
Who can you sue?
You can sue:
- The person who actually committed the act
- The person who ordered the act to be committed
- Property owners who fail to properly screen employees, where the employees are guilty of assault and battery
- Property owners who failed to provide adequate security to prevent assault and battery from happening in their premises
What can you sue for?
If you are injured due to an assault and battery incident, you can seek compensation for:
- Medical expenses (current and future) to treat the injuries sustained
- Loss of income/loss of job
- Expenses related to your recovery (i.e. therapy, adaptive equipment)
- Related expenses (i.e. the cost of childcare)
- Pain and suffering
While you are waiting for your assault and battery lawsuit to settle, you can get access to funds through lawsuit funding. Also referred to as lawsuit settlement advance, this provides you with money you can use to get the treatment you need, pay for your household needs, as well as build a strong case against the offender.
Usually, it is the urgent need for money that causes victims to settle for a lower compensation amount. With a lawsuit advance, you don’t have to do this. What’s more, the lawsuit settlement funding is based not on your employment or credit standing, but rather on the merits of your lawsuit. FastLawsuitMoney.com has streamlined its processes so that once your application is approved, you can get the money in as quickly as 24 hours.
Posted on May 15, 2013 by Fast Lawsuit Team
You were injured in a vehicular accident caused by a delivery truck driver or a teenager who does not have a license and who “borrowed” his parents’ car for a joyride. The bad news is, the party who directly caused your injuries does not have the money to pay for the damages and injury you suffered. What do you do?
You can file for a personal injury claim citing vicarious liability. This allows you to run after another party for the compensation you deserve. Vicarious liability is a doctrine in personal injury liability that holds an entity (a person or a company) liable for the actions of another party. This can be a parent/guardian or an employer – entities that usually have “deeper pockets” and have the financial means to pay the compensation being demanded.
Vicarious liability for employers
Employers are the usual recipients of a personal injury lawsuit involving vicarious liability, since employers receive benefit from their employee’s actions. The following are the elements that cover this kind of lawsuit:
- Employer control. If the employer can be shown to have contracted the employee and pays the employee a wage, the employer can be considered vicariously liable. Furthermore, it should be shown that the employer exercises inherent authority over the employee. The complainant needs to show that the employee works under the supervision, direction and control of the employer.
- Employer’s acts of negligence. An employer can be held vicariously liable if it failed to exercise reasonable precautions to prevent injury:
- The employer hired someone who he knows is unqualified for the job or he has failed to screen the applicant properly
- The employee showed that he does not have the skills for the job but the employer delayed or did not re-assign or terminate the employee
- There were no mechanisms to prevent harm caused by an employee’s mistakes (i.e. not enough training, no policies and procedures or no supervision)
- The employer failed to provide adequate training for the employees
Individuals who are under a contract for services (i.e. independent contractors) are usually excluded and it may be more difficult to sue for vicarious liability.
- Injury contracted while employee was doing his job. It needs to be shown that the actions that caused the victim’s injury were within the scope of the employee’s job responsibilities. This means that if the truck driver who bumped into the victim’s car was on his way delivering goods for his company, the company can be sued for compensation. However, if the truck driver was driving his own car after office hours, vicarious liability against the employer may not hold.
- Authorized or unauthorized actions. Another element would be how the employee acted. If the actions that caused the injury were authorized because it is within the scope of employment, the employer can be held liable. If the employee performed his authorized tasks in a haphazard or dangerous manner, the employer can still be held liable as well. If the employee performed an act that was expressly prohibited or is illegal, the employer cannot be held liable unless it can be shown that it failed to expressly prohibit the act.
If the injuries were caused while the truck driver was doing illegal things or things that are not within his scope of responsibilities, there may be no link to show vicarious liability. For instance, if the truck driver was doing personal errands during his working hours and that was the time the accident occurred, the employer cannot be held liable.
Vicarious liability for parents
Minor children still fall under the supervision of their parents. This means that if a minor acts in a way that directly caused injury or harm to another, it can be shown that these acts were due to the parents’ own negligence or failure to act appropriately to prevent those acts.
Parents may be held vicariously liable when it can be shown that:
- The child was acting within the scope of the parent’s authority or even under the parent’s consent or approval (i.e. the parent let the minor drive the family car to pick up the laundry from the drycleaner’s).
- The parent’s failure to provide proper supervision or implement appropriate restrictions, when the parent knows the child’s tendency to act in a way that will endanger others. (i.e. The parent kept the car keys at a place that was easily accessible, knowing that the minor has a tendency to “borrow” the car and drive it without a license).
- The parent negligently entrusted an instrument that could be unreasonably dangerous if a minor gets hold of it. (For instance, a parent fails to securely lock his gun in the gun safe and instead, keeps it lying around where a child can play with it and accidently shoot somebody).
Lawsuit Funding for Victims
As you can see, vicarious liability is not a simple matter. It is but natural that employers will exercise all means to defend themselves against the lawsuit. This may mean that you, as the victim, will have to wait longer than expected in order to receive the compensation you need. This means that in the meantime, you will have to dig deep into your pockets for medical expenses, household bills and even for legal costs related to your lawsuit. To free yourself from any financial worries, you can apply for a lawsuit settlement advance.
Also called lawsuit loans, these are non-recourse loans that you only need to pay back when the lawsuit settlement has come through. If the lawsuit fails to settle, the money does not have to be repaid. A lawsuit settlement advance can come during a time when you need it most. The good news is that at FastLawsuitMoney.com, you don’t need to jump through hoops and produce mounds of documents for you to file your application. The applications process is fairly simple and once you get approval for the lawsuit funding, you can receive the much-needed funds within the day.
Posted on May 8, 2013 by Fast Lawsuit Team
Relaxing and having fun, for some, invariably involves alcohol. There is something about that rich liquid running along your system to get you into the mood. The enjoyment of being with your buddies, swapping stories about your day, cheering on a friend’s success or celebrating a deal you have recently closed is taken up an extra notch when you add alcohol into the mix.
That is why a lot of establishments – pubs, bars, restaurants, and clubs have alcohol as part of their offerings. There are also liquor stores and wine shops that provide a wide range of choices for both the beer guzzler and the wine connoisseur.
These establishments are required to obtain a license from the local government for them to be able to serve liquor. They should also ensure that they do not sell their liquor products to someone who is intoxicated nor allow drunk customers to drive. This will prevent them from being held liable for a dram shop claim – where their serving of alcohol has contributed to a car accident that caused harm and physical injury to individuals.
What is a dram shop claim?
Bars and other establishments that serve liquor should refrain from serving more alcohol to someone who obviously has had enough to drink. Bar tenders and servers must be adequately trained to serve liquor in a responsible manner. Otherwise, the establishment will also be held responsible for DUI incidents resulting from their serving the erring driver.
A DUI incident may have catastrophic consequences. The damages involved may not be sufficiently covered by the drunk driver’s car insurance. Some victims, in an effort to fully recover the damages due them, also run after the establishments who provided the liquor that contributed to the driver’s inability to drive as he should.
A dram shop claim can be proved by showing:
- Proximate cause. The victim of the DUI accident needs to show that the driver was drunk at the time of the accident. The influence of alcohol resulted in the accident and since the establishment served the alcohol that caused the driver to get drunk, the establishment is also liable.
- Sale of liquor to minors. A claim can also be made against an establishment that sold liquor to a minor or to persons who failed to show valid ID.
- Illegal sale of liquor. An establishment can also be held liable for a dram shop claim if it sold liquor without a license or selling the liquor after the specified hours.
Dram shop claims can also be applied to assault and battery lawsuits or to other acts of the drunken customer that resulted in the personal injuries of other parties. For instance, if the drunken customer got into a fistfight and injured some other customers, the restaurant who served the liquor can be liable through a dram shop claim. The dram shop claim can only be applicable to other parties – there will be no liability if the drunken customer hurt only himself.
Dram shop claims can be challenging. There are statutes of limitations involved. The victim must file the lawsuit against the establishment before a specific period. The lawsuit should also be able to show proof of sale of the alcoholic drink by the establishment, statements of witnesses (that can testify that the establishment over served liquor to the driver), as well as police reports that contains indications that the driver was served high levels of alcohol. For some states, there are also limits as to the amount of compensation that the establishment should be liable for.
Getting Financial Help While You Recover
Your recovery will not only be your physical recovery. You also need to recover the damages your personal injuries caused. This will mean filing a personal injury claim against the drunk driver, as well as a dram shop personal injury claim against the establishment that served the alcohol. While you are waiting for your lawsuit to be heard and settled, it may be a good idea to consider getting lawsuit funding.
Getting treated and recovering can drain you financially. And while you are recovering from your injuries, you may be unable to earn an income. You may even lose your job. It may be tempting to accept low settlement offers from the driver’s (as well as from the liquor establishment’s) insurance companies. With your financial situation, you may feel that you have no choice but to sign off on your rights to claim for the amount that is due you by law.
A lawsuit settlement advance will help you negotiate for fair and just compensation from a position of strength. With the money you have from the lawsuit loan, you can say no to compensation that you know is far below your actual medical expenses and damages. You can get lawsuit funding from FastLawsuitMoney.com – it has since built a solid reputation for streamlined applications processes. With FastLawsuitMoney.com, you can get the much-needed cash within 24 hours from the time the lawsuit funding application has been approved.
Posted on April 4, 2013 by Fast Lawsuit Team
Having facial injuries not just affects one’s physical appearance. It also has a profound effect on one’s sense of confidence and self-esteem. This can be particularly distressing when the facial injury is the result of one’s negligence or willful act.
Facial injuries are caused by any of the following: explosions and fires caused by a leaky gas pipe, a slip and trip incident, a construction accident, a car accident, flying objects and flying debris or an animal attack. More often than not, the facial injuries are just part of other injuries that a victim sustained. There are also cases where medical or dental malpractice is the culprit. A mistake during a cosmetic procedure can render damage to the facial nerves. Or, a dentist can be careless with a dental procedure and this can result in a serious infection. If a worker is not provided with the necessary equipment to protect against facial injuries such as masks, mouth guards, helmets or goggles, he can also get serious facial injuries.
The term “facial injury” covers a lot of ground and can make the victim eligible for compensation, depending on the severity of the facial injury:
- Burns. Facial burns not just occur due to fire or extreme heat. It can also be caused by chemical substances. Facial burns may also be caused by the use of toiletries or cosmetics that have harsh chemicals. When left untreated, facial wounds may become infected. Burns and scalds are quite painful and can cause deep and unsightly scarring.
- Injuries to the eye that may result to loss of sight. When the sensitive parts of the eye (including the lens, cornea, eyelid or eye socket) are injured, this can cause one to lose his eyesight, whether partially or totally. This kind of injury may be caused by objects flying at high speeds (such as debris scattered on a high way), excessive force (such as falling and hitting a hard surface), as well as bright light (welders can be especially vulnerable).
- Facial wounds. This can range from a simple cut, wide abrasions, to deep puncture wounds or lacerations. These wounds can be caused by sharp objects such as a knife, broken glass or exposed steel bars.
- Fractures. This can be very painful fractures to the jaw, cheekbone or nose – even the eye socket!
- Mouth and teeth injures. In an accident, teeth can become misaligned, cracked, chipped or knocked out. Mouth injuries can involve the gums, lips, inner cheeks, or tongue.
Getting compensation for facial injuries
If you suffered serious facial injuries because of someone else’s actions, you can demand compensation for:
- Medical costs. This can include cosmetic procedures, as well as therapy.
- Costs related to the treatment. This can include transportation costs as one goes to follow-up treatments and check-ups, as well as the cost of housekeeping and childcare.
- Lost income. This includes income you lost during the treatment and recovery period, as well as lost income that was caused due to your inability to find a job because of your situation. This can be compounded if your looks are an intrinsic part of your job (i.e. as an actor).
- Pain and suffering. Money can never really compensate for the trauma and suffering that a facial injury victim goes through. Each surgery also involves painful recovery periods. There is also the emotional and psychological trauma of having a disfigured face.
- Scarring and disfigurement. The injuries can be such that even with extensive cosmetic surgery, a person can still be left disfigured or with permanent scars. There are also instances where the injuries have caused permanent numbness and loss of use.
- Loss of enjoyment of life. Facial injury victims do suffer from the effects of scarring and disfigurement. This can hamper one’s ability to make and maintain relationships. The psychological trauma can also leave him with a tendency to be shy and nervous about doing the things he used to enjoy, such as going to the mall and other public places, playing a sport or driving.
You can sue the party who caused the injuries for compensation. Make sure that before you file your lawsuit, you are able to keep evidence in the form of photographs of the scene of the accident, police reports, doctor’s reports and so on.
The process of filing a personal injury lawsuit can be difficult, discouraging and lengthy. The expenses involved in the lawsuit, coupled with the expenses during the treatment, can drain you financially. This is when a lawsuit cash advance can help.
Lawsuit funding is a way for you to get quick and hassle-free access to cash at a time when you need it. While you are waiting for your lawsuit to settle and you are undergoing extensive treatment for your facial injuries, the lawsuit loan can be a vital lifeline in making sure that you stay focused on your recovery, as well as in getting the right amount of compensation. The other party can try to negotiate by giving you a lowball settlement offer. If you don’t have the funds you need, you may be tempted to give in.
With a lawsuit settlement advance, you can say no to such offers and stick to your guns in insisting for the fair and just compensation that you deserve. The good thing about a lawsuit settlement advance is that is non-recourse funding. Unlike a loan, it is not something that is based on your current financial status (your employment and rating). It is based on the strength and merits of the case. You also don’t need to pay it back in the event that the lawsuit fails to settle.
Posted on November 18, 2012 by Fast Lawsuit Team
Woosh! Woosh! The pure, powdery snow is a joy to behold for snowboarding and skiing enthusiasts. There is something unreal and utterly enjoyable about gliding speedily across blaringly white snow, the cold wind in your face and your hair and the feeling of freedom and exhilaration this brings.
Sadly, though, it’s not all fun in the snow. Skiing and snowboarding accidents can be more common than you think. After all, these sports are inherently dangerous. According to statistics, more than 150,000 are seriously injured in the ski and snowboarding slopes annually. In addition, there are 40 ski or snowboarding-related deaths and about the same number disabled or paralyzed. Annual medical bills for injuries caused by skiing or snowboarding accidents have exceeded the $250 million mark.
Skiing and Snowboarding Risks
Skiing and snowboarding is about speed and stunts. As one gains proficiency in skiing or snowboarding, he would want a higher level of challenge to test his skill. Skiers and snowboarders know the risks of their sport of choice. These risks include:
- Risk of avalanche
- Collisions with other people in the trail or snowboarding area
- Collisions with objects
- Falls (especially from ski lifts)
- Accidents caused by defective equipment
- Accidents caused by lack of adequate signs and warnings
- Accidents caused by inadequate instruction from the instructor
If you are lucky, you can get up from these accidents none the worse for the wear, able to brush off the snow and have another go at the slopes in an effort to redeem your wounded pride. Sometimes, you will have to deal with a twisted ankle, a bum knee or minor scrapes and bruises. In some instances, though, the accident may cause catastrophic injuries that will radically change your life. This can include severe facial or spinal cord injuries, brain damage, disablement or even death.
Most states, in recognition of the high-risk status of skiing and snowboarding, have already instituted limits that injured skiers and snowboarders can recover from their injuries. However, there are still instances where a personal injury lawsuit can be filed in an effort to claim compensation for slope hazards that are non-obvious and unmarked.
These non-obvious hazards include:
- The failure of the ski resort owner or operator to maintain the equipment
- The failure of the ski resort owner or operator to mark obstacles that you might bump into (especially if you’re going downhill)
- Faulty design of the ski or snowboarding terrain (especially if you’re going downhill)
- An instructor bringing you to a ski or snowboarding slope that is more difficult than your current ability
- Unmaintained slopes where there are rocks, dirt patches, tree branches or other debris present
- Collisions with other skiers or snowboarders who were acting in a reckless manner (in this instance, you can file the lawsuit against the skier or snowboarder who caused your injuries)
- Faulty equipment (where you can sue the one who rented the equipment out or if you bought the equipment, the manufacturer of the defective product)
- Falls from lifts, if these are caused by defective design, operator negligence or faulty maintenance
In most of the hazards stated above, the ski resort operator or owner is the one who is liable for the damages.
Compensation for a skiing or snowboarding accident personal injury lawsuit
You can file a personal injury lawsuit for your skiing or snowboarding injuries to claim compensation for:
- Medical expenses (including future expenses) in the treatment of the injuries
- Cost of therapy and rehabilitation
- Other out-of-pocket expenses
- Lost income, diminished earning capacity or job loss
- Loss of consortium
- Pain and suffering
- Disability or disfigurement
- Exemplary or punitive damages
The Complexities of a skiing or snowboarding accident personal injury lawsuit
Personal injury lawsuits covering skiing or snowboarding accidents can be complex.
“Assumption of risk defense”. The party you are suing may raise the defense that you already knew the risks involved with skiing or snowboarding yet you participated in the sport anyway.
Statute of limitations. There is also a statute of limitations where you can only file your personal injury lawsuit within a certain period of time, usually two years. After the statute of limitations has expired, you can no longer seek compensation for your injuries.
Limits for amount of compensation. Please also note that in some states have limits to noneconomic damages related to skiing or snowboarding accidents. Colorado has imposed a maximum limit of $500,000 for noneconomic damages.
Lawsuit funding. After you file a personal injury lawsuit, you can also seek for financial help via a lawsuit loan. This provides you with quick access to funds that you can use for your treatment, recovery and other concerns.
Lawsuit cash advances are provided by companies such as FastLawsuitMoney.com to help hapless victims of personal injury move on more quickly, even as they wait for their lawsuit to be settled. This kind of funding is non-recourse funding, where you are only expected to pay the money back once your lawsuit is settled.
Posted on November 15, 2012 by Fast Lawsuit Team
The structure and strength of your vehicle is brought to bear when you encounter a road mishap. The roof of your car is not just a protection for rain, heat and hail. It has to be strong enough to provide the “shell” to shield you from further injury if ever your car turns turtle. If your vehicle rolls over, your car should still protect you and you can come out of that incident a bit shaken, but still in one piece. Of course, this is when you are wearing your seatbelt.
However, there are instances when the structure of your car’s roof is not strong enough. Instead of protecting the passengers, some roofs give way and cave in. As a result, doors and windows break open to that passengers are crushed inside the car.
Sadly, some car manufacturers have chosen to scrimp on the structure and strength of the roof. Thus, roof crush and roof defects can occur and result in catastrophic injuries to the passengers. Often, these defects can be traced back to:
- The use of substandard materials, especially in the supporting structure of the roofs, including railings and pillars
- Defective design, where not enough support is incorporated in the design of a particular model
- Faulty manufacturing processes, such as improper welding of the pillars, metal panels, cross-members, windshield headers and so on
Serious injuries can result from a roof crush accident. These can include:
- Severe spinal cord injuries
- Traumatic brain injury
- Head and neck injury
- Fractures and broken bones
- Loss of limbs
Defective Product Liability
Safety standards. The Federal Motor Carrier Safety Administration (FMCSA) requires a car to pass some tests to prove that that particular model is “roof crashworthy”. Based on Standard 216, the roof of the vehicle should be able to hold up the one and a halt times its weight without collapsing for more than 5 inches into the passenger’s space. However, this does not signify whether a car’s roof is strong enough to withstand the force involved when a car actually turns turtle at a given speed.
Strict liability. A car manufacturer is responsible for producing safe cars. This means that the design and manufacturing of the car are done in such a way that it protects against known risks. The possibility of a roof caving in and crushing its passenger is one of these foreseeable risks. A car manufacturer can be held liable for a weak roof if it can be proven that this made the product unreasonably dangerous and the product resulted in harm. The victim does not have to prove where and how the car manufacturer was negligence.
Other responsible parties. Aside from the car manufacturer, you can also seek compensation from other responsible parties, such as the driver who caused your car to turn turtle or a government agency that was in charge of maintaining the roads and ensuring that there are no design hazards or dangerous obstructions. If the roof crush is a result of a defect in the parts, you can also turn to the parts manufacturer for compensation.
A personal injury lawsuit may last longer than you think, given that you are battling with a car manufacturing giant. A lawyer who is experienced with the ins and outs of roof crush cases will help a lot in bolstering your case and in gathering the necessary evidence. He can look into the statistics of roof crush injuries linked to your vehicle’s model and make.
Aside from these, you may also need the help of the following:
- Engineers and vehicle experts. They will testify as to how the defect or weakness in the roof contributed directly to your injuries.
- Your doctor or other medical practitioners. They will outline the extent of your injuries and the kind and length of treatment and therapy you need.
- Vocational rehabilitation experts. They will look into the effect of the injuries on your capability to perform your tasks for your own occupation, for other occupations that suit your experience and training and for other alternative occupations. They will state whether you will need additional vocational training.
Also, you may need some expensive testing. For instance, roof strength testing can be done to prove that the car manufacturer failed to meet federal standards.
As you can see, suing to gain compensation for your injuries can be quite complicated. The case can also be long and drawn out. During this time, it is important to establish a solid financial base. This is to help pay for medical expenses and provide for your family’s day-to-day needs as well as cover court-related costs. Lawsuit funding is a good source of the money you need.
Also referred to as a lawsuit loan, this kind of funding will look into the merits of your case, rather than on your financial capability. This means that you don’t have to pay back the money from the lawsuit cash advance if the lawsuit is not settled and the compensation is not paid.
Posted on November 6, 2012 by Fast Lawsuit Team
With the many cars in the country’s roads, it is inevitable that accidents will happen. In fact, deaths caused by car accidents are in the top 10 causes of fatalities, especially for those below 34 years of age. Yearly, about five million accidents happen in the highways, streets and parking lots.
With these statistics, it seems that Murphy’s Law reigns. There are a number of causes why car accidents occur. Defective products (faulty brakes, exploding gas tanks, etc.), faulty road design, inclement weather conditions are some of the reasons for car crashes. Sadly, though, most of these accidents are caused by human error or negligence.
- Driving while under the influence of alcohol, drugs or prescription medication
- Careless driving – driving while texting, putting on make-up
- Driver fatigue
- Driving aggressively
And one mistake or act of negligence of another can have serious consequences. If you are lucky, you can escape with only bumps and bruises. However, a car collision may mean serious injuries that can affect you for a lifetime – brain injury, paralysis, loss of limbs. Quite a number of these accidents also result in wrongful death.
If you are a victim of a car accident brought about by someone else’s carelessness, you may seek compensation from the erring party who is responsible for the accident. The important thing is that you need to show driver negligence – or simply, how the driver was directly at fault with the accident and subsequently, your injuries.
Owning a driver’s license is not just a right and privilege, it is also a serious responsibility because your life and that of others are on the line. There are specific responsibilities a driver must fulfill:
- To follow traffic rules and road signs. This includes following speed limits and traffic lights, rules covering right of way, changing lanes and turning. Other important rules include refraining from driving while under the influence of alcohol or drugs and not using the cell phone while driving.
- To exercise reasonable care while driving. This means driving in a way that is prudent and reasonable, taking into consideration the flow of traffic and the presence of pedestrians, the condition of the road, as well as visibility and weather conditions. This also means keeping one’s eyes on the road while driving.
- To ensure that he controls the car at all times. This includes the ability to stop quickly, if needed by maintaining a safe distance from the car in the front.
- To ensure that the car is properly maintained. Signal lights, headlights, brakes and steering capability should be in working condition.
A driver can be considered negligent when he fails to fulfill the above responsibilities and that failure (whether through careless or deliberate acts) caused the accident and subsequently, harm and injury.
Violation of traffic rules. If the driver was found to have violated a traffic law at the time of the accident, there is an immediate presumption that he was negligent. It is not up to the victim or complainant to prove the driver’s negligence. Rather, the burden of proof is on the driver or the defendant to show that he was not negligent.
Partly victim’s fault. If it can be shown that the accident was not entirely the defendant’s fault and that some of the blame can also be attributed to the victim, the driver may only be required to pay a certain portion of the damages, with the rest shouldered by the complainant. The driver can try to show that you have also been negligent because you were not able o take evasive action or keep a lookout of the road. At this point, the defendant will be liable only for his proportionate responsibility for the car collision.
Unavoidable accidents. One other defense an erring driver can bring to the table is that the accident was something that was unavoidable. Meaning, it was not his negligence that caused the accident, but some other reason such as a slippery road, poor visibility due to fog, a sudden and unexpected illness (such as a stroke) or a defect in the way the car was manufactured.
Your Personal Injury Lawsuit
A victim can claim for compensation for the losses brought about by the accident. This does not just include medical costs, expenses for therapy and loss of income. The settlement (depending on some states) may also include compensation for pain and suffering, as well as loss of enjoyment or loss of consortium.
A personal injury lawsuit aims to seek for that compensation – notably from the erring driver and his insurance company. However, you can expect the other party to try to put up a defense. While you are battling it out in the courtroom, there will still be a lot of expenses related to your recovery from your injuries. In addition, you may be suffering from more financial loss because of lost work days. During this time, some financial assistance would be welcome. This is where lawsuit funding can help.
Also referred to as lawsuit loans, this provides non-recourse funding at a time you need it most. It is a type of funding which you only have to pay back when the lawsuit settles. Also, a lawsuit cash advance is a type of funding where the application is evaluated based on the merits of the case, rather than on your employment standing or your credit rating.
You can trust in FastLawsuitMoney.com to provide you with a fair and honest evaluation of your case. It has streamlined its applications process so that once approved, you can readily receive the funds from the settlement loan within the day.
Posted on October 16, 2012 by Fast Lawsuit Team
Construction sites are rife with injuries and accidents. Those who are working in the construction area are outfitted with safety equipment – helmets, safety boots and work gloves. Construction companies have people and procedures in place to minimize construction site accidents. However, accidents can and still happen.
There are so many ways that Murphy’s Law (“Anything that can go wrong will.”) can be in operation. There are construction materials lying around, wires that can cause someone to trip, debris falling from high places, equipment and machinery that can take a wrong swing and swipe someone, the presence of live wiring, someone falling from a considerable height, among others.
Statistics from the Bureau of Labor Statistics state that around 150,000 construction accidents occur every year. Some, who are “lucky”, may walk off with a broken arm, a crushed thumb, a slight shock from touching a live wire. They may suffer from minor injuries such as bruises, low back pain or sprains. However, a number of these accidents can be serious. These injuries include electrocution, brain injury, paralysis, loss of limbs, loss of sight or hearing and even death. The most common injury that results into death is caused by falls. Other fatalities are due to falling objects, electrocution and vehicular collisions.
Construction Accidents due to Negligence
Often, these accidents are a result of a failure to follow safety procedures, maintain equipment or train personnel. Here are some safety procedures that need to be in place to protect from these hazards:
- Falls. Workers that are assigned to considerable heights may be required to wear safety harnesses. Areas that are at a height above 6 feet need to have something break a fall, such as a safety net, ramp or a trench wall. There should also be warning signs and lights. Floor-opening covering are to be properly labeled and secured.
- Falling objects. All people who enter the construction site are required to wear helmets.
- Vehicular collisions. Vehicles (especially heavy equipment) are required to be equipped not just with brake systems, but also emergency brakes and warning systems. Workers assigned on a night shift should have reflector vests, the equipment should also have lights and reflectors as well. There should be barriers such as sand bags, crash cushions, concrete or water barriers to minimize the impact of a vehicle going out of control in a construction site.
- Entrapment in an excavation. These excavations are to be protected by trench shields, shoring or benching.
- Electrocution. Live wire should be properly grounded, with enough insulation in place. Wires should be marked.
Who is liable?
When you are a construction worker who is a victim of a construction site injury, you are eligible for workers’ compensation. However, the money you will receive is limited. Thus, to ensure fair compensation for your injuries, also look at other third party entities that are responsible for the construction site accident. These can be developers, property owners, equipment manufacturers, sub-contractors and suppliers of the construction equipment. You will need to show that there was a violation f the Federal OSHA Standards.
Visitors of the site can similarly go after main contractors, subcontractors, property owners and so on for personal injury claims.
Filing a construction site personal injury lawsuit
When filing for a construction site injury, you can claim for medical expenses, as well as lost income, emotional distress, pain and suffering and long-term disability or disfigurement. You can also claim for future medical and rehabilitation costs, as well as punitive damage (where applicable).
This kind of lawsuit may take time to be settled. During this waiting period, you may already be facing some financial difficulties. Medical bills may be piling up, on top of your household bills. You may also need to cover costs to help strengthen your case. This is where lawsuit funding can help.
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Posted on September 20, 2012 by Fast Lawsuit Team
Asthma is a debilitating disease that can continue for the rest of your life. Asthma, literally, takes your breath away – and not in a good way. During an asthma attack, one has trouble breathing because his airways are swollen due to inflammation. Excessive mucus also contributes to the tightening of the airways. An asthma attack can be evidenced by coughing, breathlessness, wheezing and pain and tightness in the chest.
Asthma is oftentimes hereditary, but it can also be caused by one’s environment and way of living. If its onset is later in life, it can be occupational asthma. One way to check if the asthma is indeed caused by a hazard in the workplace is if you feel better when you are on vacation and away from work and when the asthma plays up when you get back to work.
Occupational Hazard: Asthma
Occupational asthma is caused by constant exposure to a substance that triggers it. This exposure may be part of one’s working environment. According to studies, occupational asthma may develop within 6 to 12 months, but there are also some reports of asthma developed after exposure to a hazardous substance for as long as 20 years. If you are exposed continually to these substances for prolonged periods of time, it may lead to permanent damage to the lungs.
Exposure to smoke and dust, fumes caused by chemicals, welding devices and cleaners, laboratory animals, enzymes, flour and grains, latex, solvent vapors and other irritants may trigger the onset of asthma. This is why there are a number of cases of occupational asthma for veterinarians, research laboratory technicians, paint sprayers, nurses, cleaners, and carpenters.
Occupational asthma will have a tremendous impact on an individual. You are always vulnerable to asthma attacks that can result in the need for hospital treatment and constant medication. You may also have to find ways to manage it every day. Other adjustments will have to be made, such as a change in occupation or even the need to stop working (and a resulting loss in income).
Occupational Asthma and Employer Liability
Employers have the responsibility of ensuring that employees are safe from exposure to substances that can develop diseases, such as occupational asthma. The government has put regulations in place for the protection of workers from exposure to hazardous substances and chemicals. This is called “The Control of Substances Hazardous to Health Regulations”.
This means that if you believe your asthma is a result of exposure to hazardous substances in the workplace, you can ask for compensation from your employer due to their failure to do their duty to protect you against contracting a disease in the workplace.
Filing for an Occupational Asthma Compensation Claim
When you are considering filing a claim for compensation, it will be helpful to consider getting help from an experienced lawyer. It is also important that you remember that there may be time limits for you to file a claim. In most cases, you have three years to file that claim.
When you are filing for a claim in compensation, you will have to prove that it is indeed a substance in the workplace that caused the asthma, and not your exposure to other substances in your home, such as pets, dust and pollen. You will also need to show that the employer knows or should have known about the hazard and failed to do something about it, and as a result of their failure to act, you contracted asthma.
When you file your claim, you can ask for compensation for the following:
- Medical expenses. This includes your regular medications, as well as expenses for times you were hospitalized due to an asthma attack.
- Loss of income (past and future). When you had to change jobs (that earned a lower income) or had to quit working altogether, you can claim for compensation for the income you have lost.
- Pain, suffering and trauma. Having an asthma attack (where you feel that every breath is your last) is a particularly distressing experience.
While you are waiting for your compensation to come through, it is best to consider getting lawsuit funding. This can help provide you with funds you need for your treatment and medication. The lawsuit cash advance can also help with medical bills and household expenses.
The settlement funding is a non-recourse funding that depends on the details of your lawsuit, rather than your credit standing or your employment status. The funding will be paid back when your claim is settled.
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Posted on August 23, 2012 by Fast Lawsuit Team
You were walking when you tripped over an uneven section along the sidewalk. Or, you were driving along the highway, when you were rear ended by a police car in hot pursuit of a fleeing suspect and this resulted in sever soft tissue injuries. Or, your child was playing in the park and was cut by a broken section of the slide. Another case would be an accident caused by a malfunctioning traffic light.
If you suffered from a personal injury from the above instances, who do you sue?
When you suffer from an injury that occurred while you are inside private property – you know who you can name in the personal injury lawsuit. This includes the property owner, the business owner or the property manager. But with government property, things can be different.
Basic Principles of Premises Liability
Premises liability states that those who have the right to be in a certain property or area (i.e. a hotel, a private home, a restaurant, etc.) should be able to expect that he is reasonably safe in that premises. There are four basic elements in premises liability:
- Duty. The entity running the business, the owner of the house or swimming pool, or any other property owner has the duty of care to people they invite or allow inside their property. There is a responsibility to exercise reasonable care in keeping the premises free from risks.
- Breach of duty of care. The entity or owner is negligent of this duty if he fails to exercise due reasonable care in maintaining the property, providing adequate warnings, keeping security measures, etc.
- Causation. This breach on the part of the property owner has resulted in injury to another party (i.e. guests invited to the home, shoppers in a mall, etc.). It should be shown that the negligence had foreseeable consequences.
- Damages. The injury caused damage to the victim. This damage can be financial (i.e. medical expenses, lost income) as well as emotional, physical and psychological (i.e. trauma, pain and suffering).
The Government’s Sovereign Immunity
The government owns a huge percentage of property that can come in the form of:
- Government buildings
- Bridges and causeways
The government has the responsibility to ensure the proper maintenance of these and to keep public properties safe for its users. There are instances where sovereign immunity shields the government from potential premises liability lawsuits. There are also some specific legal procedures and limitations involved when a premises liability lawsuit is filed.
The Federal Tort Claims Act of 1946 has specified at what instances the federal government is liable for wrongful death and personal injury. This covers lawsuits that can be filed to government employees who act within their duties.
Special defects. The duty of care owed by the government may be different than the “normal” duty of care that a property owner has to exercise towards his invitees. The government usually limits liability to special defects – these are defects that present a danger for its users that is unexpected and unusual. For the government to be liable, it should be shown that the government should know or should have known about the problem and yet failed to act upon it.
Planning Decisions. In some states, you cannot sue the government if its planning decisions result in injury. For instance, the government has planned to undergo major road repairs and has rerouted traffic flow accordingly. If you figure in an accident that is caused by the change in traffic flow, the government is protected from the lawsuit for its planning decision.
Acts of government employees. If a government employee, acting within the scope of the authority given him by the government, exercised neglect or breached a duty of care and this negligence or breach resulted in injury, the government can be held liable. However, if a federal employee acts according to his discretion and failed to exercise due care in the performance of a government regulation or statute, the government is, more often than not, immune to any resulting lawsuits.
Acts of government contractors. Generally, independent contractors commissioned by the government cannot be sued under the FTCA. However, if an independent contractor that is hired by the federal government acts negligently and this results in injury, the government may be liable if it can be shown that the government had the authority to supervise the contractor’s day-to-day activities and keep track of what the contractor was doing.
Public transportation system. Bus, subway trains and other government property can be areas where the government can be liable when the injuries are caused by a failure on the part of the responsible government entity to inspect and repair defects.
Filing a claim. Before you can file a lawsuit against the government, you must first file a written notice of claim and address it to the federal agency in question. You must file this within the time limit. This can vary per city and state and can range from 1 month to 1 year. Under the FTCA, you must file your claim within two years.
Government response time. Upon receipt of your claim, the federal government has 6 months in which to make an investigation with regards to the incident and to respond. The government entity in question can admit your claim (and pay you outright). It can also deny your claim or fail to act upon the claim. In this event, you can proceed with your lawsuit. You have six months to file this.
The long and short of the matter is, it’s complicated! The regulations covering government liability may vary from state to state.
When you feel you have reason to “fight city hall”, be sure to have adequate legal advice and representation. Remember, regardless of the limitations prescribed by the FTCA, the federal government still compensates valid claims allowed under the FTCA.
When you are involved in a personal injury lawsuit against the government, you may have a long wait coming – especially after you have filed your notice of claim. It can be helpful to look into applying for lawsuit funding to help with your family’s financial needs while you are awaiting the resolution of your complaint.
Reputable companies such as FastLawsuitMoney.com have helped victims for years in providing settlement loans to victims who have yet to receive the settlements from their lawsuit. The money from the lawsuit cash advance can be used to pay for medical bills, household bills and court-related costs.