Posted on October 29, 2011 by Fast Lawsuit Team
An ice cream truck backs into a child. A jogger gets side swiped by a speeding vehicle. An elderly lady gets injured while walking along the parking lot. A car driven by a drunken driver swerves into the sidewalk and hits a pedestrian.
These accidents happen, especially in overpopulated cities and towns where roads and sidewalks are filled with vehicles and people. There are close to 70,000 pedestrian accidents in the country annually – and 7% of these result in deaths. These pedestrian accidents cause considerable loss, pain and suffering to the victim, as well as his loved ones. He can file a lawsuit against the driver at fault to claim for financial loss and in some states, compensation for the pain and suffering inflicted upon him, as well as for punitive damages.
Most pedestrian accidents occur:
- While a pedestrian is crossing an intersection, a block or a street
- While a pedestrian is walking on the roadside or sidewalk
- While a pedestrian is walking along the parking lot
- While a pedestrian is getting out of his own car
- When careless, drunk or over speeding drivers sideswipe a pedestrian
And, when car meets man, the car usually wins – hands down. The injuries involved in pedestrian accidents are oftentimes more severe because the poor pedestrian does not have anything to protect him against the collision. For car collisions, there is at least the car to absorb the impact, but with pedestrian accidents, the impact is absorbed by the body. This can result in serious physical damage such as:
- Serious brain injury
- Spinal cord injuries that may result in paralysis
- Fractured or broken bones
- Damage to the internal organs
What can help a personal injury lawsuit?
To help the victim file for their lawsuit, it is important for the people around them to be alert and have presence of mind. The victim will need to get a copy of the police report, as well as statements of witnesses. It is also best to have photographs of the site where the accident occurred. The victim may not be able to get these since he is incapacitated. People who were present in the accident will be a big help in gathering these. In addition, the victim will need to keep careful records of medical expenses and other expenses related to the hospitalization, doctor’s reports, lab and diagnostic reports (such as X-rays, CAT scans or MRI reports) and so on.
Even if you are “well enough” to stand up after figuring in a pedestrian accident, it is highly recommended that you seek immediate medical help and attention. Some injuries will manifest themselves days later, after the adrenaline and pain relievers lose their effect. It is important for you to seek medical attention immediately after the accident to show that you have done all you could to minimize the level of damage caused by the accident. Unless necessary, we recommend that you not leave the scene of the accident until after the police arrive.
A personal injury lawsuit
Taking precautions will help in the success of your pedestrian accident lawsuit. However, the problem with filing this kind of lawsuit is that it may take months, or even years, for the lawsuit to be settled and for the victim to get the money.
Aside from this, the victim may have to face the following:
- Lost wages during his treatment and recovery or, the subsequent loss of his job
- Physical damage that results in loss of use, disability or an impairment
- Financial loss related to the need to hire childcare or housekeeping services, transportation going to and fro the hospital and other related expenses
- The cost of physical therapy
- The cost of hiring at-home care for the victim
- Pain and suffering due to the injuries
While waiting for the lawsuit to settle, the victim is faced with these financial, physical and psychological pressures. It may be too much for the victim and lead him to accept a low-ball offer just to “get the whole thing over with”. This, obviously, is not in the victim’s best interest. But because he is faced with mounting debt and the need to pay for treatment, as well as provide for his family’s needs, he may be forced to settle for a much-lower amount.
Fighting for Fair and Just Compensation
This does not have to be the case. With a little help, the victim can hold on to and see the lawsuit through or be able to negotiate fair and just compensation from the erring party. One way to do this is to get a loan. However, you will have to present your credit rating as well as your employment standing. This may make it harder to get a loan – especially if you have lost your job due to the injury or if your credit rating has taken a hit because of existing unpaid loans.
Another option is to get lawsuit funding. This alternative does not require you to present any employment records or credit rating. Rather, the lawsuit funding is based on the merits of your case.
Lawsuit funding, or also called a lawsuit settlement loan is also a non-recourse loan. This means that repayment is based on whether you win and settle the case. If the case does not settle, you are not obliged to repay anything.
If you are considering getting lawsuit settlement funding, one reputable provider would be FastLawsuitMoney.com. FastLawsuitMoney.com has gained the reputation of providing a quick and easy evaluation process – and once the application is deemed eligible, you can get your much-needed funds in as little as a day.
Posted on October 8, 2011 by Fast Lawsuit Team
Back injury claims are one of the most common lawsuit claims involving car accidents. And the back is particularly susceptible to injury during a car accident. By “back”, we refer to the middle and lower spine, as well as the tissues and muscles that surround it. Injuries in this area may range from mild to severe. Back injuries usually result from trauma or from a degenerative process that is triggered by trauma – the trauma in this case would be the collision or car accident.
The back usually bears considerable impact in a collision, even if the passenger or driver is wearing his or her seatbelt. For instance, the body may be thrown to and fro as a result of a collision and this “shaking” may cause damage to the back area. There are also instances where the back is damaged due to a direct impact with a car.
Types of Back Injury Claims Resulting from Car Accidents
The following are the kinds of back injury claims in car accident lawsuits:
- Minor Back Injury. Muscle strain or injury, as well as damage to the spinal disc/s where the pain may last from two to five years. Surgery is usually not needed in this injury.
- Back injury that requires surgery. This moderate kind of back injury usually results from damage to the spinal cord and will require surgery. This may also include a condition where the spine aged prematurely as a result of damage sustained during a car accident.
- Serious or life-threatening back injury. This kind of injury may result in a permanent disability where organ function is impaired – there are problems with regards to the functions of the bladder, the bowel and even the sexual organs. This kind of injury may even lead to permanent paralysis.
Items included in the claim:
- Hospital and doctor’s expenses. This includes expenses for your hospital stay, doctors’ fees, diagnostic and lab fees, payments for x-rays and CT scans.
- Rehabilitation expenses. These involve expenses related to therapy, as well as of adapting your home environment to your injury.
- Other losses resulting from the injury. This includes days of work lost or job lost due to the accident, incidental expenses during a hospital stay (food expenses, transportation expenses, money to pay for housekeeper/child care while primary care giver is in the hospital).
- Compensation for pain and suffering. In some states, compensation for this may be included in the lawsuit filed. There is no set amount for compensation (and sometimes the judge or jury will determine the amount of compensation), although some states post a limit as to how much compensation should be awarded.
The insurance company of the party at fault will look at the evidence you hold and provide you with a settlement offer. Usually, if you don’t have legal representation or don’t know how to negotiate, the other party may try to settle the claim for a much lower amount.
However, it will be helpful to know that the amount of the claim will be based on the following factors:
- Who is at fault and what level of fault is attributed to each party
- The extent of the damage caused by the car crash
- The severity of the back injury and other injuries sustained
- The amount of physical damage suffered and whether these are temporary or permanent
- The number of days of work missed, as well as the kind of job that may be lost because of the injuries
- How the quality of life will be affected by the injury
- What actions you have made after the accident to minimize the injury sustained (Did you immediately go to the doctor? Did you have tests taken? Did you ignore the symptoms of the injury until it resulted in further injury?)
When you suspect a back injury
It is important to seek medical advice and attention immediately after a car accident or collision. You may not readily notice the effects of a back injury (especially if you used painkillers right after the car accident). The doctor will be able to assess any damage incurred during the collision by taking x-rays, or ordering a CAT scan or MRI.
Back injuries may be a challenge to prove during a car accident lawsuit claim. But there is quite a number of successful back injury claims. However, it is important to note that the legal process of negotiating with the party at fault, filing the lawsuit, presenting the case and awaiting the judgment and settlement may be a long and drawn out process. In the meantime, you may have to spend for your back injury treatments, as well as for other court-related costs. Perhaps, during this time, your back injury may have resulted in your not being able to get back to work. You may not just be losing income but your job as well. During this time, you may be faced with mounting bills and debt, without any income in sight.
This is where lawsuit funding can help. Lawsuit funding will enable you to continue with your back injury lawsuit claim and fight for the compensation that is due you. The proceeds from the settlement funding will help tide you over until you are finally able to get the settlement for the lawsuit. You are able to pay off any debt, spend for your treatment and fund any court-related costs without having to reach deeply into your pockets (or taking off a second mortgage on your home).
Lawsuit funding, which is often referred to as lawsuit loans, helps you stick it out instead of being tempted to accept a lowball settlement offer from the other party just to get your claim over and done with.
For fast and easy lawsuit loans, you can go to a reputable provider, such as FastLawsuitMoney.com. We specialize in providing settlement loans after we are able to evaluate your case. Don’t worry – settlement loans are provided not based on your employment record or your credit history, but on the merits of your case.
Posted on October 5, 2011 by Fast Lawsuit Team
Rear-end collisions. Head on collisions. Car accidents involving pedestrians or bikers. Traffic accidents involving delivery trucks, motorcycles and public utility vehicles. Car accidents come in many kinds. If you are a victim of one and the accident is caused by another party, you are well within your rights to demand compensation for the personal injury and damage to property you have incurred.
When filing a personal injury claim, here are some dos and don’ts for you to remember to make sure that you get the most out of claim and that your personal rights are protected.
- Go to the hospital. You may be held liable for not acting to prevent the injury from taking a turn for the worse. Seeking medical attention will show that you have indeed suffered a bodily injury and have done your part to minimize the damage sustained.
- Get in touch with your insurance company right after the injury or the accident as soon as you are able and you don’t have any serious conditions or injuries that prevent you from doing so. Your insurance company requires notification. It may be the first in line to pay for your injuries, and, after you have made your settlement with the other party’s insurance company, you will have to reimburse your insurance company for the money they spent on the treatments.
- Keep documentation of the accident. This includes police reports, witness statements and medical records. Save the bills and receipts of your medical and injury-related expenses as well.
- Do keep a written record of your contacts with insurance companies, their representatives and other pertinent personnel that may be involved in the claims process. If you make a call to the insurance company, be sure to jot down the essence of the call.
- Immediately after the car accident, make statements that you’re ok and that you don’t have any injuries. The other party may use this against you. Please note that some injuries (especially back injuries) may not be immediately felt but will be manifest in the next days.
- Don’t admit any kind of liability – just give the facts of the incident. The police and insurance investigators are the ones tasked to determine who is at fault in the accident.
- Give in to the temptation to add to reports and statements. Being less than honest with your legal statements may jeopardize your claim – you may even be held liability for claims insurance fraud for posting false reports.
- Give anything in writing or sign statements provided by the insurance company or its representatives. Be sure to understand what the other party is asking you to sign or get legal representation.
- Allow the statute of limitations to run out on your claim. Each state has a given time limit as to when you can file your claim. Once this statute of limitations has run out, any liability the other party has on you with regards to your personal injury will be forfeited. This means that their insurance company does not have to pay you anything unless you file a claim or lawsuit prior to the expiry of the statute of limitations.
- Assume that the settlement offer provided by the insurance company is the last word or the final amount. Expect the first offer is a lowball offer. The settlement is still subject to negotiations. Also make computations of your own based on your actual losses. This includes past, present and future medical expenses, bills for therapy, adaptive equipment you may need to install in your home and vehicle, as well as loss of income or loss of job. Estimate these losses and other incidental expenses that may arise out of the injury (i.e. the need to hire household help or child care, transportation expenses going to and fro the hospital during the medical treatment).
If you are pressured to accept the first offer the other party presents because you need to pay for your medical and everyday expenses, you should first consider how much your claim is actually worth had you went through a personal injury lawsuit. This will prevent you from jumping at the first offers of the other party.
If you are ready to file a personal injury lawsuit, you should consider getting lawsuit funding. The process of this lawsuit or settlement funding will provide you with ready funds to cover court-related costs, medical treatment and therapy and family’s needs.
Don’t be afraid to ask for a lawsuit loan since this will help you resist the temptation of accepting a settlement offer for an amount that is considerably lower than what your claim is actually worth. The processing of the lawsuit settlement loan will require your attorney’s cooperation. All relevant documents will be reviewed to see your eligibility for a lawsuit loan.
Posted on October 2, 2011 by Fast Lawsuit Team
You were driving along when BAM! Someone cut through the intersection and collided with your car. Or you were slowing down as the light turns from yellow to red when the car behind you failed to step on the brakes and rear-ended your car.
These things do happen, even to the most careful of drivers. The sad thing is that you sustained damage or bodily injury due to someone else’s carelessness or mistake. The good thing is that you are well within your rights to ask for compensation for the damage and expenses incurred due to the car accident.
You usually have to deal not just with the individual who rear-ended you or crashed into your car. You may have to work with their respective insurance companies to get compensation. Sometimes, you may have to file a car accident lawsuit, especially if you are unwilling to accept the settlement offer made by the other party and/or their insurance company.
Here are some things you should know when you are thinking of filing a car accident lawsuit:
- Medical attention. Even if you feel “all right” after the car accident, you should have yourself checked by a doctor. Failure to do so may weaken your lawsuit claim.
- Statute of limitations. Each state will have its own time limit as to how much time you have to file a claim after the accident has occurred. Usually, the statute of limitation is around two years. After two years, you don’t have the legal recourse to go after the erring party to claim for losses incurred due to the car accident.
- No-fault states. There are states that are called no-fault states. These states require that your injuries reach a certain maximum amount (either in terms of injury severity, pain and suffering or expenses incurred during the treatment). If these thresholds are not met, you may not be allowed to file the car accident lawsuit.
- Collect and keep records. This includes:
- Police reports and statements of witnesses
- Pictures of the crash site and the cars involved
- Medical records from the doctor who treated you for any injuries sustained. This may include the doctor’s opinions as to the extent of the injury and how much more treatment is needed.
- Records (and official receipts) of all related expenses
Be sure to keep receipts and bills and other pertinent documents.
- Know your rights or get legal advice. Never sign anything (especially with the other party’s insurance company) unless you know what you’re signing or unless you have legal representation. The other party’s insurance company may try to contact you and get you to settle (usually for an amount much less than what the claim is worth). To protect your personal rights, contact a lawyer, especially one who has a solid background in car accident lawsuits.
- Settlement demand and negotiations. When your lawyer has all the necessary evidence and documents, he will write a demand letter to the erring party and their insurance company. You and the other party will try to negotiate an acceptable settlement. If the negotiations do not result in a settlement, you and your lawyer can file for a car accident lawsuit.
- Non-economic losses. During the pre-settlement or pre-lawsuit stage, other non-economic losses such as pain and suffering, loss of spousal companionship and emotional distress is not taken into consideration. These usually come into play when a lawsuit has already been filed.
- Court-related costs. When the lawsuit is filed, there may be court-related costs that need to be shouldered. This includes photocopying expenses (to get enough copies of the lawsuit and other relevant evidence), postage fees, costs of deposing witnesses, mediation fees and other court-related costs.
- Notification to your health insurance company. Your health insurance company may have already spent for your treatment. However, once your car accident claim or lawsuit is settled, you are required to repay the medical expenses “advanced” by your health insurance company. You may be found guilty of insurance fraud if you fail to notify your health insurance company about any settlements you receive.
- Lawsuit funding. After filing a lawsuit, you can consider getting lawsuit funding to help provide you with funds as you fight it out in court as well as pay for your household expenses and medical treatment. Be sure to work with a reputable lawsuit loan company such as FastLawsuitMoney.com.
- Reasonable expectations. After filing a car accident lawsuit, manage your expectations and keep it at reasonable levels. Be ready to return to work once you are well enough. Avoid using the car accident (and the minor injuries you may have sustained) as a reason to get off working.
The Lawsuit Process
Filing a car accident lawsuit and seeing it successfully being settled may be a long and drawn-out process. After filing, you may have to wait for trial schedules, presentation of evidences and the settlement of the case. This may take months and even years to complete. During that time, you may have to spend for court-related costs, your treatment and also your day-to-day expenses.
Lawsuit funding (or lawsuit loans as they are sometimes called) will help provide you with the ready cash to move on with your life even as you await the settlement of your car accident lawsuit. FastLawsuitMoney.com provides a quick and easy settlement funding applications process. Once your case is deemed eligible, you can have access to cash in as quickly as 24 hours.
Since starting this, FastLawsuitMoney.com has extensive experience in providing settlement loans. We’ll be glad to help you get the funds you need as you wait for the settlement of your lawsuit. These settlement funding or loans will be based on the merits of the case, as well as the size of your lawsuit claim.