Posted on June 1, 2013 by Fast Lawsuit Team
When you file a personal injury lawsuit against someone who has caused you injury, you can’t expect the person (called the “defendant” in legal terms) to take it lying down. Since a personal injury claim can involve a lot of money, there are some ways that a defendant can answer your lawsuit. As someone who has filed a lawsuit (or the “plaintiff), it is important to anticipate the arguments that the other party will advance towards his defense.
Here are some of them:
- Comparative negligence.Comparative negligence, as a defense, states that both the plaintiff and the defendant were responsible for the accident and thus, they are also partially responsible for the damage. This means that the defendant only gets to pay a portion of the compensation amount, depending on the degree of his fault with regards to the accident. For instance, if the defendant has successfully shown that the plaintiff is 20% responsible for the accident, the defendant will only be liable for 80% of the total compensation amount. Comparative negligence as a defense may work differently on different states. There are states that follow the modified comparative negligence system, where the plaintiff should be responsible for 50% or less of the accident for him to be able to sue for compensation. There are also states that adhere to the pure comparative negligence system, where a plaintiff can sue for compensation as long as he is not completely at fault.
- Contributory negligence. Only a few states use this rule. This includes Alabama, Virginia, Maryland and North Carolina. Under the contributory negligence system, even if the injured party were only partly at fault, he cannot claim for compensation. This means that the defendant can try to show that the plaintiff was also partly at fault and is therefore barred from making personal injury claims.
- Assumption of risk. If the plaintiff knew that a certain activity or sport was risky but participated in it anyway, the defendant can try to use “Assumption of Risk” as a defense. This is usually seen in contact sports, where the injury was closely related to the risk assumed. If you tripped in the field while playing football, you don’t usually get to claim for compensation because tripping over another player may happen during such games. When you played that game, you should have known that as one of the inherent risks of the game and you knowingly assumed that risk. However, if the injury was due to your tripping over an obstruction that should have not been in the field and that the property manager should have known about and failed to act upon it, then you can file for compensation.
- Intervening Cause. In this defense, the defendant will try to show that it was another separate and independent event that actually caused the damage. This “other event” usually comes after the defendant’s act of negligence and the injury that the plaintiff suffered. The intervening cause cuts off the chain linking the defendant’s negligence directly to the accident that caused the injury. For this defense to be successful, the intervening cause should be unforeseeable. For example, if the janitor failed to wipe a spill and someone slipped on that wet section, the janitor’s actions were directly responsible for the accident. However, if the janitor forgot to set a pail of water aside and an earthquake occurred, causing the pail’s contents to spill, it could be said that the earthquake was an intervening cause and that the janitor (and the property manager) is not completely liable for the accident.
- Lack of foreseeability. Here, the event that resulted in the injuries is so unforeseeable and thus, frees the defendant from liability. For instance, if a property manager failed to have the saggy carpeting fixed and someone slipped on it. The person who slipped was otherwise okay, but his companion had a heart attack because of the event. Even though it was the property manager’s negligence that caused the slipping incident, he could not have foreseen that it would cause a heart attack.
- Failure to mitigate injury. If you were injured in an accident caused by someone else but you failed to have your injuries treated promptly, the erring party can only be liable up to the extent of the injuries he directly caused. That means that compensation for additional injuries (i.e. infections) will not be included in the compensation amount.
As you can see, filing a personal injury lawsuit is no simple matter. You will need patience, as well as the skills of an experienced personal injury lawyer to ensure that your rights are protected and that you are able to get the fair compensation that you deserve. Another way to ensure this is to get lawsuit funding.
A lawsuit settlement advance provides you with ready cash at the time when you are dealing with hospital bills on top of your family’s daily needs. This forestalls the need to settle for a lower settlement amount.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement funding. It has a streamlined applications process to make it easier for victims to have access to funds at the time they need it the most. With FastLawsuitMoney.com, you can get the lawsuit advance in as quickly as 24 hours once your application is approved.
Posted on May 1, 2013 by Fast Lawsuit Team
In the popular reality show “Here Comes Honey Boo Boo”, viewers were aghast (but weirdly fascinated) when Mama June talked about her “forklift foot”. Apparently, while she was working in a factory, a forklift ran over her foot, injured it and left it deformed. She has been hiding the deformity, even to the point of keeping that foot covered while getting her pedicure.
Forklift injuries are, surprisingly, very common. As Mama June said herself, “I’m sure I ain’t the only person to get run over by a forklift.” In fact, statistics show that more than 11% of all forklifts in the country will be involved in an accident. Forklifts also are involved in more than 80 fatalities annually, as well as around 35,000 serious injuries and some 62,000 non-serious injuries.
Forklifts are very important machines that make moving heavy boxes and pallets around easier. Forklifts, however, are accident prone because the machines themselves are heavy but also need to carry more weight. The forklift driver may also have problems with visibility since the load he carries may also block his view. And because of the weight involved, forklifts are very hard to control and slow down. Aside from the driver’s mistake, conditions present in the workplace or factory may also be contributory. These include a noisy environment, insufficient lighting, lack of safety equipment or traffic control and lack of space by which to maneuver the forklift properly.
As a result, forklift accidents may involve a person getting run over or has the load falling onto him. A forklift may also be overturned and crush someone. There are also cases where the forklift falls off the loading dock or collides with another forklift.
Forklift injuries can be serious, life-threatening or cause permanent disfigurement or disability. Injuries can involve:
- Crush injuries and amputations. Like Mama June’s foot, other body parts (arms, hands, legs, feet and torso) may be crushed by the weight of the forklift or the load it carries. In some scenarios, the victim may have to undergo amputation of a limb.
- Back injuries. Operating the equipment itself can be hazardous to the operator’s health. If the equipment does not have sufficient suspension or if it is operated on an uneven surface, the driver can suffer from injuries to the spine, back and neck.
- Wrongful death. Collisions and dropped loads can be fatal. So could the driver’s inability to escape when the forklift falls off the loading dock and into the water.
Claiming for a Forklift Accident
If you are a victim of a forklift accident, you can see whether the employer has been negligent in providing safe working conditions for you. Companies are responsible for:
- Ensuring that forklift operators are licensed and trained to operate the equipment
- Ensuring that horseplay and reckless driving are strictly and expressly prohibited in the workplace
- Ensuring that the workplace is well-lighted and that there is only a reasonable volume of traffic in the workplace
- Providing warning and traffic signs and sounds (that signify that a forklift is in operation)
- Providing enough space for the forklift to maneuver and that slopes are not too steep
- Putting up guard rails and walkways to protect pedestrians
- Ensuring that the forklift is properly maintained
The company’s failure to provide the above safety mechanisms will render the company liable for your injuries.
But what if the accident was caused by a fellow worker? The employer may still be held liable by virtue of vicarious liability. Even though it was your co-worker’s direct act that caused your injuries, you can still file against the employer because it was their employee who caused the accident. The employer is responsible for the actions of the employees while they are doing their responsibilities.
As a victim of a forklift accident, you can claim for:
- Medical expenses, both present and future
- Therapy and related costs of recovery
- Lost income/lost job
- Loss of use/enjoyment
- Pain and trauma
Going through medical treatment and recovery from forklift injuries can be traumatic and painful. This can be further compounded by the stress of having to wait for the lawsuit to settle for you to get the money you need to pay for medical bills. You can turn to lawsuit funding to help meet your financial needs in the meantime.
A lawsuit settlement advance can be a welcome lifeline during the time when you need money for your hospital bills, your mortgage payments, groceries and other day-to-day needs, as well as the cost of therapy. There may also be some legal costs that you need to cover.
Also called lawsuit loans, this provides quick and easy access to funds without the hassle that usually involves applying for a loan. Unlike a loan, you don’t have to present your credit rating or your employment status. Lawsuit funding is also a non-recourse loan, which means it only has to be paid back once the lawsuit settles. When considering a lawsuit loan, it is highly advisable to go to a reputable company such as FastLawsuitMoney.com.
Posted on April 7, 2013 by Fast Lawsuit Team
Personal injury and wrongful death lawsuits aim to get compensation for the physical injuries that a victim incurred because of the actions of another. However, the erring party has a defense: mitigation of damages.
The Responsibility of the Injured
The injured person has the responsibility to take reasonable action so as to minimize the damage incurred, whether this is physical injury or monetary loss. As a victim, he can avoid further losses by acting like any reasonable person would have acted in the same situation. This can include getting immediate medical help so that the injury did not get worse and required a more expensive procedure. One example would be an injury that resulted to amputation because the victim failed to have the injury treated and as a result of the neglect, the injury was infected.
“Mitigation of damages” is a defense that the party being sued (the defendant) can take in an effort to decrease the compensation he is to provide the victim. It is also called the avoidable consequences defense. In the lawsuit, the defendant will try to show that the victim did not fulfill his obligation to “mitigate the damages”. If the defendant can prove that part of the damages were a consequence of the victim’s own wrongdoing, the monetary equivalent of the loss that could have been minimized or avoided will not be included in the portion of the compensation.
Mitigation of damages can be used to deduct for compensation for the following reasons:
- Did not seek immediate medical attention. Right after an accident, even if the victim feels “okay”, he should immediately go to the hospital to have his condition checked. This may include having an x-ray and having injuries treated. The gap between the time of the accident and the time he sought medical treatment should be reasonable. For instance, if it is fairly obvious that he needs treatment (his arm is bleeding profusely), it can be shown that any reasonable person will go to the hospital right away. A longer gap can be reasonable when there is no obvious injury. However, there have been cases where personal injury lawsuits covering soft tissue where denied because the person did not seek treatment.
- Refusing reasonable medical advice. Here are some examples:
- The victim receives a prescription for medication but fails to follow it.
- The doctor advised at least three days of bed rest but the victim went on doing heavy work such as lifting.
- The doctor recommended the patient to lose weight but the patient does not make any effort towards this end.
- The doctor advised the patient to come back if pain is recurring.
These are medical advice that any reasonably prudent person would follow, knowing that not doing so would have affected the injury.
- Electing not to undergo surgery. If the doctor recommended surgery, the patient has the right to refuse. As a result, the patient’s injury could have worsened or the damages could become permanent (i.e. loss of eyesight due to an infection). The defendant is not liable for any damages if these could have been avoided had the victim agreed to a surgery. The defendant can try to show that any reasonable person would have agreed to have the surgery, that the surgery is standard, has a high rate of success and poses little risk. However, the counter-defense can be that the surgery poses a high level of risk and may even result in the victim’s death. In this case, the compensation will include losses that resulted from the victim’s refusal to undergo surgery.
- Opting for alternative treatment. This includes other alternative treatments other than that offered by the doctor. This includes homeopathy, use of herbs, chiropractic and acupuncture. This can also mean home remedies or DIY (do-it-yourself) treatments. For instance, if the victim is wounded during a car accident, the usual response would be to have the doctor stitch it up so that there is no scarring. However, the victim opted to just treat it by himself because he was afraid of needles. If the wound resulted in permanent scarring and disfiguration, this is not payable because the victim did not act reasonably to mitigate the damages.
- Failure to look for alternative work. If the victim wants compensation due to loss of income, he should also show that he has made every effort to find alternative work in the event that his injuries prevent him from doing his usual line of work.
- Refusal to be retrained for another line of work. If the victim can no longer perform the duties of his past occupation, he can seek retraining so that he can be employed in another line of work. Refusing to do so can result to a decrease in his compensation related to loss of income.
If you are a victim of an accident caused by another person’s fault, it is very important that you act to mitigate the damages. A personal injury lawsuit can actually be long, drawn-out and frustrating process. One way to mitigate the losses (and to also ensure your complete recovery) is to seek proper medical treatment. But often, with one’s financial situation, it is tempting to do away with going to the doctor.
Lawsuit funding can help provide you with the money to get the treatment you need. Also called a lawsuit settlement loan, this is non-recourse funding that is provided for victims of personal injury who are waiting for the settlement of their compensation. Unlike a regular loan, lawsuit funding is provided based on how strong your case is. Also, paying the lawsuit funding back will only be expected when the lawsuit has settled.
If you are interesting in applying for a lawsuit loan, go to a reputable provider such as FastLawsuitMoney.com. With FastLawsuitMoney.com, you are assured of a hassle-free applications process. Once you are approved, you can get your cash as quickly as 24 hours.
Posted on November 12, 2012 by Fast Lawsuit Team
An unfortunate event can leave you severely injured. The injury can come from any number of reasons. You can suffer from food poisoning while eating at your favorite restaurant. You may be visiting a friend and get bitten by his German shepherd. You can be rear- ended while driving home from work. You can slip or trip while getting your groceries.
All of these can result in broken bones, serious head or spinal injuries, lost limbs or disfigurement. And these injuries may require long and painstaking hours in treatment and therapy so that you can recover fully from them.
The mistakes and carelessness of others may have resulted in your injuries but you can still recover. What is important is that you can get back on your feet and continue living life to the fullest.
The Road to Recovery
It is important to keep these in mind to help you with your recovery:
- Don’t delay treatment. Even if you feel “fine” after an accident (i.e. a rear-end collision or a slip and fall), it is best to seek medical treatment. Seeking immediate medical treatment will help prevent further complications on your injury. This is also one way to prevent the erring party from turning the tables and saying you did not seek immediate treatment and thus worsened your injuries.
- Continue with your treatment. Remember that during emergency treatment, the full extent of your injuries may not be readily seen. Thus, follow ups with your doctor is necessary.
- Stay positive. Of course, the situation is hard, especially when the accident is something that could have been prevented if the other party had been more careful. But keeping a can-do and positive mindset will also have a positive impact as your recuperate.
- Get financial help. After you have filed your personal injury lawsuit, consider applying for lawsuit funding from reputable companies such as FastLawsuitMoney.com. Remember, your recovery may require you to spend a considerable amount in treatment and therapy. With the money from a lawsuit cash advance, you can get the necessary medical interventions and therapy to help you recuperate fully.
- Get help from others. You may need help at the home front while you are recovering. For instance, you can seek housekeeping or childcare services to help you take care of the house and the kids while you are not able to do so yourself because of your injuries. The money you get from the lawsuit loan could also help pay for these.
- Be honest about the pain you’re feeling. This is not a time to soldier on and paste a smile on your face, even when you are feeling pain, or even episodes of depression, trauma or fear. Along with a medical professional that will treat your physical injuries, you may need the help of another professional to address any psychological effects of the accident and your injuries.
- Don’t force the recovery. Don’t put too much pressure on yourself to be up and about. Get the help and advice of your therapist to gauge whether you are ready and able to go back to work. Forcing the recovery and getting back to the job when you are not mended fully will only worsen your injuries.
Going back to work after the accident
An accident and the resulting injuries can make you question whether you are able to lead a productive life. However, being able to go back to work is one important step in your full recovery – not just physically but also psychologically. To do this, you should:
- While recovering, keep in touch with your employer for them to know how you’re doing and when they can expect you back, if ever. This will help them make any necessary adjustments to help make your return to work easier.
- Have a professional evaluate your physical condition and how it may affect your ability to perform specific tasks. He may recommend further therapy or treatment.
- If your injuries leave you unable to perform your previous work-related tasks, you can look to whether your employer can provide you with a different set of tasks.
- Go on a comprehensive program that seeks your complete vocational rehabilitation. Seek retraining or further education when an alternative occupation is warranted.
- Don’t take on too much when you go back to work. Rather, do your “comeback” in phases. If your employer will allow, work for a few days a week before you go “full swing”.
Those who were negligent and caused your injuries should also be held responsible and should provide you with fair and just compensation to help you with the process of moving on. You can do this by filing a personal injury lawsuit against the persons responsible.
Your personal injury lawsuit will include a demand for compensation for:
- Medical expenses and doctor’s fees, both present and future expenses
- Outpatient care and therapy
- Services of medical professionals, such as nurses, occupational therapist and social work
- Services of non-professionals, such as those in charge of housekeeping or childcare
- Lost income and loss of a job
- Compensation for pain and suffering
- Compensation for loss of consortium (or the enjoyment of companionship (including spousal comfort, assistance and sexual relations) because of your injuries
- Compensation for the diminished capacity to enjoy the things one used to enjoy
With the help of a lawsuit settlement loan, you can continue with your lawsuit without the financial worries that can hamper your recovery. You can fight for the compensation that can help you pick the pieces of your life and enjoy it anew.
Posted on November 9, 2012 by Fast Lawsuit Team
Even with traffic lights, walk ways, sidewalks and the right of way, pedestrians are still the most vulnerable when it comes to road accidents. There’s just no contest when speeding steel meets with flesh and bones. In fact, over 10% of road fatalities involve pedestrians.
Sometimes, it is the pedestrians that put themselves at risk. Sometimes, it’s the negligence of the driver. Here are some situations where pedestrians become victims:
- Jaywalking. Pedestrians are supposed to cross the street only in marked areas and when it’s their “turn”. Pedestrians improperly crossing the street can be very vulnerable to onrushing traffic. Especially in highways where cars are running at high speeds, there is little time to step on the brakes if a pedestrian suddenly rushes across the street.
- Walking in areas designated for pedestrians or along a parking area. Sadly, even if a pedestrian is standing or walking where he’s supposed to, he can still be hit by a careless driver. Many a victim had been standing on the road shoulder or the sidewalk when the accident happened. Even parking areas can be places for accidents.
- Walking in the street after dark. It can be hard for a driver to see a pedestrian from a distance when it’s dark and the pedestrian is not wearing reflectorized clothing. The driver may not be able to slow down in time.
- Presence along the road or highway. This can include:
- A driver working on his car that has broken down in the middle of the highway.
- A pedestrian tending to victims of a previous road accident
- Faulty road design or road equipment. If the road was designed in such a way that it was prone to accidents or if the traffic light was malfunctioning, the party responsible can either be the local or state government or if it is inside private property, the owner of the road where the accident occurred. The manufacturer of the driver’s car can also be sued if it was faulty brakes caused by a defective product that caused the accident.
Personal Injury Lawsuits by pedestrians
If you are a pedestrian who suffered harm and injury by being hit by a car, you can file a personal injury lawsuit to claim for compensation for the losses and suffering caused by the accident.
Proving negligence. The pedestrian-victim must be able to show that the driver was negligent of his duty of car and thus caused the accident and the injuries. Drivers have the duty of care to drive carefully and give way to pedestrians. The victim must be able to show how the driver was negligent. It can be shown that:
- The driver was driving under the influence of drugs or alcohol
- The driver was overcome by fatigue and still continued to drive
- The driver was distracted by a cell phone, while reading a map or in general, failing to keep an eye on the road
- The driver was overspeeding
- The driver refused to yield the right of way to the pedestrian
Comparative negligence. If some fault can be placed with the pedestrian, the compensation he stands to receive will only be up to the erring driver’s part in the accident. For example, the driver was speeding but the pedestrian was jaywalking at the time of the accident, proportionate blame can be assigned to each party.
Special duty of care. Drivers are expected to be extra careful if he sees children trying to cross the street. The very sight of children present in the road or sidewalk should be indication enough for the driver to be more careful driving. This is particularly true for areas where children are known to be present, such as areas surrounding a school, a park or residential districts. The same care is also expected for people with special needs. A driver should be more careful if he sees an elderly person, a man with a seeing eye dog or a cane trying to cross the street.
Statute of limitations. There is a time limit for you to file a personal injury lawsuit against the guilty driver. The time limit is usually one to two years. Once this time limit expires, you can no longer file your lawsuit and claim for compensation.
Lawsuit funding for your pedestrian personal injury lawsuit
During this time, your finances shouldn’t be one of your pressing concerns. After all, you already have a lot of problems on your plate. You need to concentrate on your recovery and on strengthening the merits of your case. This is where a settlement loan can come in to free you from your financial worries.
Lawsuit loans provide you with quick access to cash without the need for presenting your employment status or your credit rating. Rather, the settlement funding is based on the chances of your winning and settling the lawsuit. The money you receive from the funding can be used however you see fit.
Posted on November 3, 2012 by Fast Lawsuit Team
You would think it only happens in movies. In many a Hollywood action flick, you see people dramatically run and jump in slow motion as their car explodes to the high heavens. But defective gas tanks do explode or cause serious accidents – not just the fuel tanks of vehicles, but other kinds of fuel tanks that power up stoves, fireplaces, water heaters and grills. These are inherently dangerous because the contents of these tanks are volatile substances.
When a gas tank explodes, fire and flying debris may follow. A gas tank can also be the cause of a fuel-fed fire. Gas tank accidents can result in serious burn injuries, disfigurement, loss of limbs, exposure to dangerous gases, muscle and tissue damage, smoke inhalation problems and even death.
Survivors of a gas tank explosion may struggle with long hospital stays, physical therapy and rehabilitation and the need for cosmetic and reconstructive surgery. It can also result in tremendous scars both emotionally and psychologically.
Looking Into the Cause of the Accident
Sadly, a number of gas tank accidents could have been avoided had other people been careful. What caused the gas tank accident? Here are some reasons.
Defective product. The use of substandard raw materials or the carelessness of the workman may result in a defective gas tank. For vehicles, the gas tank housing the fuel is designed not to explode during a car crash. However, if the gas tank was defective when it was installed into the car, the unexpected may happen. In a car crash, this compromised gas tank may fail, cause a leak and a subsequent explosion. If the driver was at fault for the collision, the gas tank or car manufacturer may also be held liable for injuries caused by the gas tank failure. For gas tanks used in homes and businesses, it is important that the gas have an odorant mixed into it so that it is easier to know that a leak has occurred.
Faulty installation or handling. Gas tanks should be installed in the right location and in such a way that it is not as vulnerable to any accidents. Tanks should be installed far enough from houses, construction sites and buildings. The transfer of the gas into the tank should use the proper regulations and should be include a pressure test to ensure that there are no leaks. Tubes or pipes leading to and from the gas tank should also be leak-free
Poor maintenance. The owner of the vehicle or the owner of the business is responsible for the maintenance of their equipment. Leaks should be addressed and employers should make sure that the valves of any gas tank are locked securely.
Poor design. The vehicle’s gas tank should be placed securely inside its body. Gas tanks placed at the sides or outside of the vehicle’s body are more vulnerable to rupture from a collision, even minor ones.
Failure to follow regulations and improper use of gas tanks. Part of the need to ensure a safe working environment is to provide employees that use and maintain the gas tanks with proper training and to have policies and procedures in place.
Your Gas Tank Personal Injury Lawsuit
If you are a victim of a gas tank accident, you are well within your rights to file a lawsuit in an effort to claim for compensation for the injuries you incurred from the accident. When filing a personal injury lawsuit, it is important to investigate the accident to check whether the gas tank was indeed the direct cause of the injury.
You may need to hire automotive accident experts and forensic specialists to study the evidence and to directly show that there was a directly link between the gas tank accident and your injuries. Other proofs you should gather include the statement of witnesses, pictures of the accident, doctor’s reports and documents outlining other accidents related to gas tanks for that particular model or make of the car, gas tank or equipment.
During this time, lawsuit funding can be helpful. The injuries sustained due to the gas tank accident may be extensive. The lawsuit will also need the services of expert witnesses, as well as the costs needed for taking the depositions of those who saw the accident. On top of this, you may not be able to earn an income because of your injuries and bills may start piling up.
With lawsuit loans, you can stop worrying about money and instead, give your full attention to your recovery and to the building of a strong lawsuit. The money from a lawsuit cash advance will mean you can firmly say no to the other party’s offer of a paltry amount as your compensation. Instead, you can negotiate from a position of strength in order to get the compensation that is fair and just, considering your injuries, pain and suffering.
FastLawsuitMoney.com can help you gain access to settlement funding so that finances would be the least of your worries at this very difficult time. With its streamlined applications process, applications can be approved quickly and you can get the cash in as quickly as one day after applications have been approved.
Posted on October 31, 2012 by Fast Lawsuit Team
Your elderly loved one needs constant care. Age has caused him or her to need the care that may not be available in your own home. That is why the family has decided to place him or her in a nursing home. The nursing home or a long-term care facility is especially equipped to assist your elderly loved one through the daily tasks of life – moving from one room to the other, bathing, walking, and finding entertainment. More important, a nursing home usually provides in-home nursing supervision, as well as an on-call doctor.
You have placed your loved one in a nursing home because it is, you believe, the best place for them. Sadly, though, some nursing homes are guilty of negligence in providing the attention, care and supervision that an elderly person needs. And because elderly persons are physically weak, they are especially vulnerable to abuse.
These abuses can come in the form of:
- Neglect. The nursing home and its staff should regularly see to the needs of their residents. This includes ensuring that their residents are given the proper amount of food and water, giving their medication as prescribed, ensuring that they are clean and providing emergency care when needed. In addition, the nursing home should ensure that there is adequate supervision and safety devices to prevent falls and accidents.
- Poorly equipped facilities. The lack of equipment such as wheelchair ramps, adequate lighting, emergency call buttons, bedrails and so on can result in falls, slips and other accidents.
- Lack of supervision. The management of the nursing home is responsible for making sure that their staff is behaving in a professional manner. Supervision also includes ensuring that facilities are properly maintained.
- Physical abuse. This can be willful acts of physical abuse, giving corporal punishments, overly using restraints
- Financial abuse. There are cases where nursing home personnel have wormed their way into a resident’s will.
- Sexual abuse. This can include improperly touching a resident’s private parts or having sexual relations with residents.
- Emotional abuse. This can come in the form of verbal abuse, scaring patients into following or involuntary seclusion. The staff’s failure to respond to calls for help so that a resident is made to wait for hours on end, wondering when help will come, may also be a form of emotional abuse.
Abuse can result in:
- Painful bedsores
- Broken bones
- Malnutrition and dehydration
- Irregular medication/medication errors
- Overuse of sedatives
- Psychological and mental scars (i.e. depression, anxiety, etc.)
- Physical deterioration, including the deterioration of a resident’s ability to perform daily tasks (such as dressing, bathing, going to the toilet, moving from one room to the other, communicating, etc.).
- Urinary tract infections
- Brain injuries
- Wrongful deaths
If you notice the following signs with your loved one, it is best to look more deeply into the situation. Here are several signs of nursing home abuse:
- Physical signs. Weight loss that may be too rapid and unexplained, signs that he is being overly restrained, falls, injuries and bruises, bed sores and weak and atrophied muscles.
- Emotional signs. Changes in personality, becoming depressed, uncommunicative or fearful.
- Sexual signs. Bruising in delicate parts (things, breasts, abdomen, etc.), bleeding or infection in the genital area, sexually transmitted disease.
Laws covering nursing homes
There are federal and state laws that protect elders. This includes the duties and responsibilities of nursing homes and other elderly care and assisted living facilities. Nursing homes are required to pass rigid quality standards, as well as obtain a license from the state. People who provide care to the elderly, such as nurses, doctors, therapists, orderlies, nursing aides and other nursing home staff are legally required to provide reasonable care and treatment to the elderly.
The Nursing Home Reform Act. Passed into law in 1987, this outlines the rights of residents in nursing homes. They have the right to humane treatment and to their dignity. They also are given the right to exercise self-determination and receive the highest “practicable physical, mental and psychosocial well-being”.
Filing a Nursing Home Abuse Lawsuit
A resident, if he is considered mentally fit and able to testify, can file the lawsuit. However, it is usually the relatives of the resident who files the lawsuit on his behalf. The nursing home should be held accountable for their negligent and willful acts. You can file for compensation for medical bills, as well as pain and suffering.
Being involved in a personal injury lawsuit can be particularly trying. It can also drain the family’s finances. During this time, you can consider applying for a lawsuit loan. The funds you can receive from a lawsuit cash advance can be used to provide your loved one with medical treatment and therapy, as well as transfer him to another nursing home.
When considering getting settlement funding, be sure to go with a trusted and reputable provider, such as FastLawsuitMoney.com. It has simplified its application process so that you don’t have to be burdened with paperwork and legwork. Also, as soon as your settlement funding is approved, you can get the cash in as quickly as 24 hours.
Posted on October 25, 2012 by Fast Lawsuit Team
Has your health been compromised because of a medication error? Was the prescription you thought could make you better actually caused a series of other health problems? You are not alone. According to statistics from the FDA, there are around 1.3 million cases of medication errors annually. Out of these, 7,000 of the cases result in death.
Prescription errors fall under medical malpractice. It is something that should have been preventable, but due to the negligence of persons (doctors, nurses, pharmacists, chemists, etc.), you suffered from personal injury. Medication errors usually occur in hospitals, clinics, pharmacies, nursing homes and similar facilities.
Some examples of wrong medication and prescription errors include:
- The doctor prescribed the wrong kind or amount of medicine – he prescribed a medicine that had contraindications, he miscalculated the dose, he failed to consider any allergies before prescriptions and so on.
- The doctor failed to prescribe a medicine that is normally given based on the symptoms of the patient – this may be linked with the failure to correctly diagnose the patient’s condition.
- The doctor did not write legibly and clearly so that units or dosage can be misread
- The nurse dispensed the wrong kind or amount of medicine
- The pharmacist dispensed the wrong medication.
- The doctor prescribed a medicine that caused known side effects of a medicine and he failed to act by having the patient discontinue taking the medicine.
- Incorrect labeling or similar packaging
- A simple error of mistakenly reading the units (i.e. reading milligrams instead of micrograms)
Filing a medication error lawsuit
It is important to show that it is the wrong medication or failure to follow a prescription that directly resulted in your injury. Your medical professional owes you a duty of care, and you need to prove that his negligence or willful act is a breach of that duty and because of that breach, you suffered from harm. If the medical professional only exercised ordinary and reasonable care, the harm you suffer could have been avoided.
If you have discovered a prescription error, be sure to:
- Secure documentation. Keep the prescription, as well as labels, the packaging of your prescription medicine and relevant receipts. You should get a copy of your medical records at the time of the incident, as well as your medical records while you were being treated for the prescription error.
- Secure the testimony of expert witnesses. This is an effort to show that the medical professional failed to exercise reasonable care.
- Avoid making statements. The hospital or pharmacy may attempt to get your recorded statement. Avoid providing any statements, especially without the advice of your lawyer.
- Provide quick notice. If the medical practitioner involved is an employee of a governmental entity, you must give that governmental entity written notice of claim within a specific number of days beginning from the date that the medication error happened.
- File the lawsuit as soon as possible. It is necessary to act fast since there is a statute of limitation governing prescription errors. After this period has passed, you can no longer file for compensation.
You can claim for compensation for the following:
- Medical costs
- Lost income (both present and future)
- Pain and suffering
- Physical impairment or disfigurement
- Loss of consortium
- Wrongful death, including funeral and burial costs
It is important for you to ask your lawyer’s help to provide you with a good idea of just how much your lawsuit is worth. The other party may try to offer you a settlement that is way below the fair and just compensation you should receive. You may even be tempted to accept such an offer because you are already in dire financial straits.
But the good news is, you don’t have to be. You can avail of lawsuit funding to help you have cash at the time you need it. Lawsuit loan, as it is also called, provide you with non-recourse funding. This means that you only need to pay back the funding if your lawsuit settles.
FastLawsuitMoney.com provides such lawsuit cash advances. It enables you to apply for the funding without too much hassle. They just need to get the details of your case from your lawyer. You can quickly get the funding, sometimes within the day the application is approved.
Posted on October 19, 2012 by Fast Lawsuit Team
Not all road accidents are caused by erring, drunk or inattentive drivers. A lot of road accidents are sometimes caused by poor road construction or design. The Department of Transportation, the local government and the state all work together to help ensure that the road is safe and hazard-free for not just for motorists, but it some cases, bicyclists and pedestrians.
Elements of good road design and construction
Countless hours have been poured in research and studies to find out what makes for good road design and construction. Of course, there are still other factors that come into play when it comes to road accidents, but proper road design aims to prevent or minimize the damage caused by human error or defective cars.
Here are some things that are needed for “safe” roads:
- The layout should provide adequate time for a driver to react (i.e. no unexpected turns, etc.)
- The layout should not be confusing
- The roads must have the necessary signs and warnings (i.e. notice of merging traffic, exit turn signs well ahead of the turn, etc.). These signs should be visible, especially at nighttime.
- The roads should be regularly maintained (i.e. traffic signs should be working properly)
- The surface of the road is skid-resistant
- Ditches should be a safe distance away from the road so that a motorist can pull off the road
- Entrance and exit ramps prevent the car from speeding up unnecessary and these ramps are not too steep
- The roads are free of obstruction
- There is an emergency call box each for a reasonable length of the road. This call box should be at a safe distance from the road
- Guard rails and median barriers should be in place whenever warranted
- Enough warning signs for ongoing construction jobs on the road or other obstructions
- The roads are designed with hazardous conditions in mind (i.e. snow, rain, etc.)
- Curves should provide adequate visibility, especially of vehicles going at the opposite direction
- Presence of lane guides, edge lines, botts dots or other road guides on crucial areas of the road
- There should be adequate drainage to prevent the roads from flooding and getting too slippery
- Lighting should be adequate so that the road and the signs are visible
If the absence of these elements resulted in the accident, there is cause to file a Dangerous Roadway personal injury lawsuit.
Who is liable?
Depending on the road, it may be the federal, local or state government that has jurisdiction with public roads. For private roads (such as those inside private properties, i.e. subdivisions, golf courses, etc), the entity who owns the road such as the homeowner’s association, the developer or the property management company may be held liable.
There may be occasions when the drivers themselves bear some responsibility for the accident. But, if the poor design and maintenance of the road had, to some extent, contributed to the accident, the entity in charge of the roads may also be sued for compensation.
Filing a Dangerous Roadway Lawsuit
If you are a victim of an accident caused by poor road design, you should contact a lawyer as soon as possible. When you are filing a personal injury lawsuit against a government entity, remember that there is a strict deadline (or statute of limitations) for you to file your claim. Once this deadline has passed, you can no longer claim for any damages. Filing a lawsuit against agencies of the government can be tricky – that’s what the phrase “fighting city hall” denotes.
To build a dangerous roadway lawsuit, you should be able to show that:
- The car accident is a reasonably foreseeable outcome of the way the road was designed or maintained
- The erring party knows or should have known about the hazard
- The dangerous condition of the road directly resulted in the accident
To build the case, you will need to gain documentation such as police reports, pictures of the accident, and witness statements. It will also be helpful to get the opinions of road design experts or even conduct a survey of the road.
This means that such a lawsuit can be costly and time-consuming. This is on top of the expenses you and your family are already facing due to the injuries you sustained. At this point, you may need to think about getting some help, especially with your finances. If a loan is out of the question, lawsuit funding can be the option.
Also referred to a lawsuit loans, lawsuit funding provides quick and easy cash at the time that you need it. Unlike “normal” loans, a lawsuit cash advance is based on the details of your case, and not on your employment standing or credit rating. Also, unlike a loan that you have to pay no matter what happens to your case, this is only payable when you win the lawsuit and it is settled.
The settlement loans enable you to continue on with the rest of your life, without much worrying about your finances. With providers such as FastLawsuitMoney.com, you can lodge your application and once it’s approved, you can receive the proceeds of the lawsuit funding in as quickly as 24 hours.
Posted on September 26, 2012 by Fast Lawsuit Team
Bikers, even with helmet and other protective devices, are especially vulnerable to serious injuries. Indeed, when biker meets vehicle, pavement or cement wall, the biker will, more often than not, be at the losing end.
Some examples of biking-related accidents include:
- Being knocked out when one of the doors of a parked car was suddenly opened
- A car or truck colliding with a bicycle when it was negotiating a turn into a side street
- Being thrown from his bike because he passed through a pothole
- Being run over by a reversing truck
- A truck’s side mirror crashing into a cyclist’s head
- Manufacturing defects in the bike being used
- A driver pulling out of the junction onto a biker’s path
Bikers often suffer from the following injuries:
- Leg and arm injuries. These include broken, dislocated and fractured limbs due to crashes and being thrown from the bike. There are even some cases when a limb needs to be amputated.
- Chest injuries. These include punctured lungs, broken ribs and injured internal organs.
- Spinal cord injuries. This can lead to spinal cord damage that causes paralysis.
- Head and neck injuries. These range from minor bumps, scrapes and cuts, concussions to more serious (even fatal) injuries such as brain damage and skull fractures. Bikers may also suffer from serious eye injuries that result in loss of sight.
Here are some considerations when filing a personal injury lawsuit:
- Your own compliance to biking laws. There are safety laws covering bikers. These include:
- Staying on the cycling lanes
- wearing protective gear (such as reflective clothing and helmets
- equipping your bike with safety devices such as lights and reflectors
- Whether there is another party who is responsible for your injuries. This can be a driver of a vehicle or a property owner.
- Whether the there is a defect in the bicycle. A cyclist can suffer serious harm for defective bike frames, bolts or fork, as well as from design defects.
- When you are involved in an accident involving a bicycle and a motor vehicle, be sure that your version of the incident is included in the Police Report. Sadly, there is a tendency to favor car drivers over bikers such that the police report will not point to the vehicle driver as the one responsible for the accident. Make sure that statements from witnesses are also included.
When it can be proven that the other party was at fault in the incident, you can claim for the following:
- Medical expenses and costs related to your treatment. This will cover hospital bills, transportation costs, cost of therapy, and payments for the caregiver or housekeeper to take care of the home front while you are laid up in the hospital.
- Lost wages. You can claim for compensation for lost time for work, and, if your injuries are such that you can no longer go back to your occupation and may need to find another occupation with lesser pay (or stop working at all).
- Pain and suffering. This does not include physical pain and suffering, but also mental anguish. As a biker who enjoys an active lifestyle, it is particularly devastating to know that your injuries prevent you from enjoying such a lifestyle again. This may lead to sleep loss, weight change and depression.
- Loss of enjoyment/consortium. This pertains to the enjoyment that loved ones no longer will have because of your injuries. For instance, a son can no longer enjoy his father’s presence (where they used to bike together) or a wife no longer can have sexual relations with her husband after the accident.
Lawsuit Funding for Biking Victims
If you are a victim of a biking accident, it will do you good to get all the help you can get. One such help would be lawsuit funding. This will help provide you with funds at a difficult time. The money you can get from the lawsuit cash advance can help pay for your hospital bills and therapy, as well as cover costs related to your lawsuit. You can also use the money to pay for mounting debts or your family’s daily needs.
Settlement loans can be obtained from reputable sources such as FastLawsuitMoney.com. FastLawsuitMoney.com has been helping biking victims and other victims of personal injury to have access to funds while they are waiting for their biking personal injury lawsuit to settle.