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Negotiating with the Insurance Company of the Party at Fault

Posted on September 29, 2011 by Fast Lawsuit Team

Are you a victim of someone else’s mistake or negligence? The party at fault is liable for any personal injuries you have sustained. This means that if a driver caused a car collision with you, he or she has to pay for damages and personal injury that resulted from that accident. It is important to know that fair and just compensation for your injuries may be very considerable.

You can expect that in many cases (particularly in medical malpractice or car accident claims), you will have to deal with the insurance company of the party at fault. You may need to do some negotiating for you to get payment that is commensurate with the losses you suffered from the injury. This is especially if you don’t want to have to go to court to make your compensation. Doing so will put the compensation amount in the hands of the judge and the jury and may take a lot of waiting and expenses on your part.

Here are some tips to help you with your negotiations for the insurance settlement:

- Gather and keep documentation. Keep your evidence on hand for you to present to the insurance company. This will show the insurance company what can happen if you do decide to file a personal injury lawsuit in court. The insurance company will usually try to assess your chances of winning the case and just how much you stand to receive as a settlement. The more evidence you hold, the more chances of your winning. Evidence includes pictures of the scene of the accident, police reports and witness statements, as well as medical records from the doctor who treated you for the injury. The evidence should also be able to point out the degree of liability the erring party had on the accident.

- Know and list down the losses involved in the personal injury. This does not just entail the medical expenses you have already incurred for the treatment of the injury. This also includes: loss of income (and/or subsequent loss of your job), expenses for rehabilitation, incidental expenses (i.e. cost of childcare while the spouse takes care of you, transportation expenses to and from the hospital, etc.). It is best to keep a record of receipts and bills.

- Keep track of pain and distress you suffered. Pain and suffering is also compensated (for some states). Thus, you should list down the emotional trauma and physical pain you underwent. A journal outlining these may be helpful.

- Be aware of the statute of limitations. All states have set a period by which you can make your claim or file a personal injury lawsuit. The insurance company knows this. Please note that the statute of limitations may be from one to two years. The insurance company may try to drag their heels in giving you a fair settlement offer before time runs out.

- Get legal advice/representation. The insurance company may try to get you to sign a release. They may do this during times when you are especially vulnerable (i.e. when you are laid up in the hospital). It is best that you get legal representation to help ensure that your rights to fair compensation are properly protected. When the lawyer has all the necessary documents, he will send a demand letter to the insurance company, outlining your injuries and how much compensation you are willing to accept. (Of course, this amount will still be subject to negotiations with the insurance company.) Letting the insurance company know that you have legal representation shows that you are serious in fighting for your rights.

- Be ready to file a lawsuit. When negotiations for the settlement don’t come through, be ready to file a lawsuit. Negotiations for the settlement may still continue even after the lawsuit has been filed. What is important is that you don’t miss the statute of limitations on your personal injury claim.

When a settlement offer is tempting

Please remember that once you sign a settlement with the insurance company, you can no longer go back to them to ask for an additional amount. Thus, you need to foresee future expenses, especially with regards to your therapy and recovery. You should work to get enough compensation not just for expenses already incurred but also for expenses you need to meet in the future.

Sometimes, a settlement offer may be tempting simply due to the fact that you want to get everything over and done with. The insurance company may entice you to take the money so that you have funds to spend at this difficult time. However, if you see that the offer is lower that what you should be fairly compensated for and you are willing to file that lawsuit, there is help yet.

Lawsuit funding is a way for you to get ready cash at a time you need it most. Also sometimes referred to as a lawsuit loan, you can use the money from this to cover court-related costs, medical expenses and your family’s day-to-day needs.

One excellent provider of lawsuit or settlement funding is FastLawsuitMoney.com. We specialize in providing quick and easy access to cash, not based on your credit history or your employment standing but on the merits of the case. You also don’t have to deal with loads of paperwork and legwork. Once your case is approved, you can get the settlement loan in as quickly as 24 hours.

 

 

Personal Injury Lawsuits and Pain and Suffering

Posted on September 10, 2011 by Fast Lawsuit Team

In personal injury lawsuits, one component that is quite hard to determine is pain and suffering. It is difficult to put a monetary value on the pain and suffering – putting dollars and cents on one’s quality of life and the ability to enjoy what the world has to offer. Damages for pain and suffering will try to compensate you not just for the physical pain you suffered but also the mental and psychological trauma the injury has caused.

It is much simpler to compute for property damage – you just have to calculate how much it takes to have the property repaired or replaced and that’s it.With pain and suffering, you are dealing with unique individuals with unique personal histories and pain thresholds. Indeed, what may seem excruciating to one may be just a minor pain to another.

Just exactly how much is your back pain or facial scars worth? Well, it depends on the judge or jury. It will also depend on just how much evidence you hold and how “good” your witnesses are, as well as how effectily your lawyer presents your case. There are no formulas, no “settlement charts” to be consulted. However, there are some factors that will be considered by juries when determining just how much should be awarded for pain and suffering.

Occupation. How much income do you earn prior to your injury? A victim that earns a considerable annual income may result in varying levels of settlement award. One set of jury may think that a high-earning individual is well off enough and may not need a lot of money by way of pain and suffering damages. Yet another set of jury may think that the individual will have lost a considerable amount of income due to the injury and award him higher damages. Also, a simple injury may actually be devastating to some. A knee injury will mean that a famous basketball player can no longer play his favorite sport. It will also effectively end his career.

Age. The age of the victim will also be taken into account. Young victims may heal more quickly. But then again, if the injury resulted in permanent disability, then they will have a longer time to have to deal with their pain and suffering. A person closer to retirement age may be seen as frailer and more apt to suffer from the injury.

Amount of medical expenses incurred. There are some who simply multiply the total amount of medical expenses by a certain number to get the value of pain and suffering.

Kind of injury. The kind of injury will also be considered. For instance, the trauma of a facial injury and its subsequent scarring will more likely cause more suffering than an injury where there is no scarring or the scars can be kept hidden.

The witnesses you also call may also affect the amount of pain and suffering compensation awarded to you. The witnesses you bring will show how the injury has affect your day-to-day living and your enjoyment of it.These witnesses need to show credibility as they narrate how you have suffered – how the injury has affected your family and marriage situation, how your day-to-day activities and hobbies have been limited by your injury, how much pain you are in, and so on.

Working for a Fair Personal Injury Lawsuit Settlement

The goal in filing a personal injury lawsuit is for you to get compensated for your losses, not just financially but also emotionally and psychologically. The other party (and their insurance company) will naturally try to give you a lowball offer, prior to the filing of a lawsuit. It is up to you and your lawyer to try to negotiate for the right personal injury settlemtn that is due you. You may need to apply for a lawsuit settlement advance.

Sometimes, having enough funds throughout the process can help. You can consider getting litigation funding so that you can continue to pay for your daily needs as well as for court costs while the lawsuit is on dock. Lawsuit funding will give you the much-needed funds for you to keep on track and not be tempted to say “yes” to lowball offers from the other party.

Remember, showing the extent of your pain and injury may require a considerable cost to you. You will need to spend for the deposition of the witnesses as well as to call in expert witnesses to give their opinion of your injuries and suffering. A lawsuit cash advance will help fund these expenses as you work to bolster your case.

A lawsuit settlement funding is offered as non-recourse funding. This means no risk funding for you. You only need to pay once the lawsuit settles. For quick and easy lawsuit funding, you can go to FastLawsuitMoney.com. They will evaluate the merits of your case and once you are approved, you can get the cash in as quickly as a day.

 

Hidden Injuries Due to Car Accidents and Your Personal Injury Lawsuit

Posted on September 7, 2011 by Fast Lawsuit Team

So you were involved in a car accident where someone bumped into your rear fender while he was on the phone. You were jostled a bit but did not feel worse for the wear. He hands you his car insurance information where you claim for damages for your dented bumper. Your doctor prescribed some pain relievers and the pain was gone. And that ends your misadventures with that careless driver – or does it?

Later on, you may discover that your back is hurting something fierce. What you may be suffering from are hidden injuries caused by the car accident.

Soft Tissue Injuries

These are caused by soft tissue injuries in your back, neck and spinal area. Generally, there is some bruising and damage to the tendons, muscles and ligaments of your body. The pain may subside over time or it may continue to cause you suffering and be detrimental to your quality of life or your ability to do your work.

The most common of these injuries is whiplash. This usually results from rear-end collisions and is marked by pains in the neck, shoulder and head, dizziness, stiffness in the neck and burning sensations. Other kinds of soft tissue injuries include tendonitis, bursitis, deep muscle contusions or bruises, overstretched ligaments and joint dislocations.

Soft Tissue Injuries and Car Accident Lawsuits

The problem with soft tissue injuries is that they often go unnoticed and untreated, or, the doctor prescribes some pain killers and once the pain goes away you stop thinking about it.

When it comes to car accidents, it is much easier to detect “hard” injuries – wounds or broken bones. You are able to act accordingly and file a lawsuit to get you compensation for these more obvious injuries.  It is also harder to prove soft tissue injuries, as these don’t show in x-rays, CT scans, MRIs and other diagnostic tests usually done after a car accident.  These tests usually do not indicate abnormality but that does not necessarily mean that the injury does not exist.

It is important that you remain on the lookout for possible soft tissue injuries following a car accident. Please note that the symptoms may not show immediately – it may take a few days for you to see the symptoms, even for an injury that may prove significant. You will also need to see a medical specialist to ensure that no such injury has occurred.

When filing for a personal injury lawsuit for soft injuries due to a car accident, you can claim for medical costs, as well as financial losses and psychological trauma caused by the soft tissue injury. The claim may include loss of income due to your inability to perform tasks you previously were able to do, as well as how the injury has made a negative impact on your day-to-day living.

When filing for a personal injury lawsuit, you should keep records of the following:

-          Police reports and pictures of the car accident and your injuries

-          Doctors’ reports and hospital bills, this includes the diagnosis of the injury, as well as the length the treatment is expected to take

-          Documentation of how the injury has affected your daily life

-          Details of the treatment

Also, you should have gotten medical help immediately after the car accident. That way, the other party cannot assert that the injury was not caused by the car accident but by other incidents unrelated to the accident. It is important to be able to show that the other party is liable for your injuries and loss.

And as you are awaiting the results of the lawsuit and for it to settle, you can consider getting what is called a lawsuit funding or a lawsuit settlement advance.

Lawsuit Funding for Soft Tissue Injury Cases

Lawsuit funding may help in ensuring that you have the necessary funds while you await the settlement of the lawsuit. While you have filed your lawsuit, you may need deeper pockets to fund the lawsuit – the court costs, the cost to hire expert witnesses and other related costs. At the same time, you will have to cover the cost of your treatment and other non-medical expenses (costs of childcare or housekeeping while you are unable to work). This is why applying for litigation funding may be a good idea.

Depending on the state where you filed the claim, there may be considerable lawsuit settlements given, especially to those who suffer from acute pain and will need prolonged medical treatment.

However, due to the challenges posted by filing a car accident lawsuit claiming for soft tissue injury, you must have realistic expectations of getting a lawsuit settlement funding. Remember, lawsuit settlement funding will be based mostly on the merits of the case. It is also helpful to note that laws covering soft tissue injuries may vary from state to state. It is best to consult a lawyer for your best option.

 

Fatal Car Crashes and Lawsuit Funding

Posted on September 4, 2011 by Fast Lawsuit Team

Car crashes sometimes end in tragedy. Pain and injury may result but worse, it may mean death to an unfortunate driver or pedestrian.  It may be due to the fault of another party – a driver who had one too many drinks, a driver who leaned down to answer a phone call, one who fell asleep on the whel and so on. The family of the deceased victim can file a wrongful death suit to claim for damages from the party at fault. This is particularly true for families who have lost a loved one due to another party’s carelessness or negligence.

A death due to a fatal car crash is especially painful to the family due to the violence of the death as well as the unexpectedness of it. Due to that car crash, someone has lost all the potential he has in life in terms of income and enjoyment of his family’s and friends’ company. The family has lost a vital member – and the family will never be the same.

If the victim is also the family’s breadwinner, the loss may also mean a substantial deduction on the family’s monthly income and the family may have to face a foreclosure on their home and/or vehicle.

The financial trauma will be further compounded by the fact that the expenses related to a loved one’s death may be considerable. This includes burial and funeral expenses, hospital bills (if the victim was also taken to the hospital prior to his death) and other related expenses.

Although the loss of a loved one due to a fatal car crash can never be replaced with anything monetary, a lawsuit may be the bereaved family’s way of finding justice.

Getting help for the lawsuit

The last thing a bereaved family should worry about is money. However, financial issues may be among the top concerns of the family, especially if they want to pursue a lawsuit against the erring party.

The problem is that even if the court rules that the family should receive a certain amount in compensation, the process of getting the lawsuit settled may take months, even years.

Some types of lawsuit funding:

Pre-settlement lawsuit funding. Pre-settlement lawsuit funding provides you with funds while you are waiting for the results of the lawsuit and for it to be settled. This provides the bereaved family with the means to negotiate with the other party without being tempted to settle for something less than the value of the lawsuit.

Post-settlement funding. This kind of litigation funding provides much-needed funds when a ruling has already been released but the family is still waiting for the settlement. The family may have already depleted substantial funds during the litigation.

Structured settlement. Families who have received a structured settlement from the other party can also opt for a lump sum or a settlement advance.

Families who suffer a deadly crash that took the life of a loved one should not have to worry about money. This is where FastLawsuitMoney.com can help. FastLawsuitMoney.com can provide what is sometimes referred to as lawsuit settlement advance in order for the family to fight for justice for their lost loved one without having to settle for a lower compensation amount just because of money worries.

This settlement funding is provided on a non-recourse basis. This means that the family does not have to pay anything if the lawsuit fails to settle.  The family gets the cash they need without having to worry about how they will pay it in case there is no settlement.

 

 

Determining the Value of a Personal Injury Lawsuit

Posted on September 1, 2011 by Fast Lawsuit Team

A personal injury lawsuit is about seeking for just and fair compensation for harm and injury someone has sustained and suffered. The purposes of the compensation may include paying enough in order to “restore” a person to his pre-injury standing as well as to “punish” the erring party for his negligence or malicious act.

So the question is, how does one determine the value of a personal injury case? How do you know that a settlement is fair and just for the injured party?  A trial will mean that you are leaving the judge or jury to determine the value of the lawsuit – different juries may mean different settlement amounts.

However, there are some things that the court takes into consideration when determining the compensation value of a personal injury lawsuit. And these factors also will help you determine whether you are eligible for litigation funding so that you have funds and be able to negotiate the settlement, if both you and the other party are willing to settle:

-          Liability. It is important to show who is liable for the personal injury that you have suffered. When you file this lawsuit, there should be a clear line of evidence to show the other party’s culpability. If it can be shown that you also have a partial share of the liability, in some states, this will mean that your “part” of the blame may proportionately decrease the amount of the settlement.

-          Type of injuries. The more serious the injury and the more long term or extensive the treatments needed, the higher the settlement. Generally, soft tissue injuries (whiplash, strained tendons, etc.) which are sometimes considered to be “minor” injuries may get lower settlements as opposed to more obvious injuries such as broken bones or tissue loss. A more obvious injury (ones that are easily visible) may also point to a higher settlement because there is also the element of psychological trauma, feelings of insecurity and embarrassment inflicted on the victim.

-          Age of the victim. Age is taken into consideration on account of the number of years the person has yet to be productive. For instance, a younger victim will usually mean a higher settlement because his life is just about to begin and he has so much potential in store for him. On the other hand, an older person (especially those above 60 years of age) will generate more sympathy from the jury because of his age and frailty.

-          The victim’s and the culprit’s personal record. The court may also look at your history to see whether you have a criminal record or have had problems with the law yourself. This may be unfair as this is unrelated to the injury but this is what some courts will also consider. The court may also look into the culprit’s record. If he has committed similar mistakes in the past or has issues with the law, the settlement may be larger as compared to someone who has a spotless criminal and civic history.

-          Level of expenses involved. You as the complainant should also prove the amount of financial loss or expenses incurred due to the injury. These can include:

  • Hospital exenses
  • Therapeutic care
  • Non-medical damage (i.e. the need to hire househelp or child care, transportation expenses to and from the hospital, etc.)
  • Lost wages, including lost vacation or sick days

-          Prevailing laws of the state. It depends on the state where you filed the lawsuit. If you file in a no fault state, lawsuits involving car accidents and other incidents may not be filed unless the injuries sustained are serious (i.e. fatal, causing permanent disfigurement or disability). If your case falls below this level of seriousness, your insurance company may have to step up to provide some level of compensation. This means that damages will not include pain and suffering sustained as well as punitive damages.

-          Limits. You should also remember that there are some states that have limits as to the amount of damages awarded for pain and suffering and punitive damages.

How Lawsuit Funding can Help

As you can see, depending on the type of lawsuit you have, a potential lawsuit settlement may be substantial. It depends on whether you have the means to wait for the settlement to come. The other party may offer to settle the lawsuit for far less and you may be tempted to accept the offer due to pressing financial needs.

This is where lawsuit funding can help. Also referred to as a lawsuit settlement advance, this provides ready cash as you await the settlement of the lawsuit. With the funds you have, you can negotiate from a position of strength with the other party (and their insurer) and have the resolve and resources to push through with the lawsuit.

Lawsuit settlement funding is non-recourse funding. That is, it is a no-risk litigation funding where you will only be required to pay if the settlement pushes through. If the lawsuit is lost or fails to settle, you don’t have to pay back the lawsuit cash advance provided.

One reliable provider of lawsuit funding is FastLawsuitMoney.com. FastLawsuitMoney.com can provide much-needed funds very quickly. Depending on the strengths of your case, you can easily get approval and once approved, the money can be in your hands in as quickly as 24 hours.