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Recovering Damages from Skiing and Snowboarding Accidents

Posted on November 18, 2012 by Fast Lawsuit Team

Woosh! Woosh! The pure, powdery snow is a joy to behold for snowboarding and skiing enthusiasts. There is something unreal and utterly enjoyable about gliding speedily across blaringly white snow, the cold wind in your face and your hair and the feeling of freedom and exhilaration this brings.

Sadly, though, it’s not all fun in the snow. Skiing and snowboarding accidents can be more common than you think. After all, these sports are inherently dangerous. According to statistics, more than 150,000 are seriously injured in the ski and snowboarding slopes annually. In addition, there are 40 ski or snowboarding-related deaths and about the same number disabled or paralyzed. Annual medical bills for injuries caused by skiing or snowboarding accidents have exceeded the $250 million mark.

Skiing and Snowboarding Risks

Skiing and snowboarding is about speed and stunts. As one gains proficiency in skiing or snowboarding, he would want a higher level of challenge to test his skill. Skiers and snowboarders know the risks of their sport of choice. These risks include:
-  Risk of avalanche
-  Collisions with other people in the trail or snowboarding area
-  Collisions with objects
-  Falls (especially from ski lifts)
-  Accidents caused by defective equipment
-  Accidents caused by lack of adequate signs and warnings
-  Accidents caused by inadequate instruction from the instructor

If you are lucky, you can get up from these accidents none the worse for the wear, able to brush off the snow and have another go at the slopes in an effort to redeem your wounded pride. Sometimes, you will have to deal with a twisted ankle, a bum knee or minor scrapes and bruises. In some instances, though, the accident may cause catastrophic injuries that will radically change your life. This can include severe facial or spinal cord injuries, brain damage, disablement or even death.

Most states, in recognition of the high-risk status of skiing and snowboarding, have already instituted limits that injured skiers and snowboarders can recover from their injuries. However, there are still instances where a personal injury lawsuit can be filed in an effort to claim compensation for slope hazards that are non-obvious and unmarked.

These non-obvious hazards include:
- The failure of the ski resort owner or operator to maintain the equipment
- The failure of the ski resort owner or operator to mark obstacles that you might bump into (especially if you’re going downhill)
- Faulty design of the ski or snowboarding terrain (especially if you’re going downhill)
- An instructor bringing you to a ski or snowboarding slope that is more difficult than your current ability
- Unmaintained slopes where there are rocks, dirt patches, tree branches or other debris present
- Collisions with other skiers or snowboarders who were acting in a reckless manner (in this instance, you can file the lawsuit against the skier or snowboarder who caused your injuries)
- Faulty equipment (where you can sue the one who rented the equipment out or if you bought the equipment, the manufacturer of the defective product)
- Falls from lifts, if these are caused by defective design, operator negligence or faulty maintenance

In most of the hazards stated above, the ski resort operator or owner is the one who is liable for the damages.

Compensation for a skiing or snowboarding accident personal injury lawsuit

You can file a personal injury lawsuit for your skiing or snowboarding injuries to claim compensation for:
-  Medical expenses (including future expenses) in the treatment of the injuries
-  Cost of therapy and rehabilitation
-  Other out-of-pocket expenses
-  Lost income, diminished earning capacity or job loss
-  Loss of consortium
-  Pain and suffering
-  Disability or disfigurement
-  Exemplary or punitive damages

The Complexities of a skiing or snowboarding accident personal injury lawsuit

Personal injury lawsuits covering skiing or snowboarding accidents can be complex.

“Assumption of risk defense”. The party you are suing may raise the defense that you already knew the risks involved with skiing or snowboarding yet you participated in the sport anyway.

Statute of limitations. There is also a statute of limitations where you can only file your personal injury lawsuit within a certain period of time, usually two years. After the statute of limitations has expired, you can no longer seek compensation for your injuries.

Limits for amount of compensation. Please also note that in some states have limits to noneconomic damages related to skiing or snowboarding accidents. Colorado has imposed a maximum limit of $500,000 for noneconomic damages.

Lawsuit funding. After you file a personal injury lawsuit, you can also seek for financial help via a lawsuit loan. This provides you with quick access to funds that you can use for your treatment, recovery and other concerns.

Lawsuit cash advances are provided by companies such as FastLawsuitMoney.com to help hapless victims of personal injury move on more quickly, even as they wait for their lawsuit to be settled. This kind of funding is non-recourse funding, where you are only expected to pay the money back once your lawsuit is settled.

Roof Crush Accidents and Your Personal Injury Lawsuit

Posted on November 15, 2012 by Fast Lawsuit Team

The structure and strength of your vehicle is brought to bear when you encounter a road mishap. The roof of your car is not just a protection for rain, heat and hail. It has to be strong enough to provide the “shell” to shield you from further injury if ever your car turns turtle.  If your vehicle rolls over, your car should still protect you and you can come out of that incident a bit shaken, but still in one piece. Of course, this is when you are wearing your seatbelt.

However, there are instances when the structure of your car’s roof is not strong enough. Instead of protecting the passengers, some roofs give way and cave in. As a result, doors and windows break open to that passengers are crushed inside the car.

Sadly, some car manufacturers have chosen to scrimp on the structure and strength of the roof. Thus, roof crush and roof defects can occur and result in catastrophic injuries to the passengers. Often, these defects can be traced back to:
-  The use of substandard materials, especially in the supporting structure of the roofs, including railings and pillars
-  Defective design, where not enough support is incorporated in the design of a particular model
-  Faulty manufacturing processes, such as improper welding of the pillars, metal panels, cross-members, windshield headers and so on

Serious injuries can result from a roof crush accident. These can include:
-  Severe spinal cord injuries
-  Traumatic brain injury
-  Head and neck injury
-  Fractures and broken bones
-  Disfigurement
-  Paralysis
-  Loss of limbs
-  Death

Defective Product Liability

Safety standards. The Federal Motor Carrier Safety Administration (FMCSA) requires a car to pass some tests to prove that that particular model is “roof crashworthy”. Based on Standard 216, the roof of the vehicle should be able to hold up the one and a halt times its weight without collapsing for more than 5 inches into the passenger’s space. However, this does not signify whether a car’s roof is strong enough to withstand the force involved when a car actually turns turtle at a given speed.

Strict liability. A car manufacturer is responsible for producing safe cars. This means that the design and manufacturing of the car are done in such a way that it protects against known risks. The possibility of a roof caving in and crushing its passenger is one of these foreseeable risks. A car manufacturer can be held liable for a weak roof if it can be proven that this made the product unreasonably dangerous and the product resulted in harm. The victim does not have to prove where and how the car manufacturer was negligence.

Other responsible parties. Aside from the car manufacturer, you can also seek compensation from other responsible parties, such as the driver who caused your car to turn turtle or a government agency that was in charge of maintaining the roads and ensuring that there are no design hazards or dangerous obstructions. If the roof crush is a result of a defect in the parts, you can also turn to the parts manufacturer for compensation.

A personal injury lawsuit may last longer than you think, given that you are battling with a car manufacturing giant. A lawyer who is experienced with the ins and outs of roof crush cases will help a lot in bolstering your case and in gathering the necessary evidence. He can look into the statistics of roof crush injuries linked to your vehicle’s model and make.

Aside from these, you may also need the help of the following:
-  Engineers and vehicle experts. They will testify as to how the defect or weakness in the roof contributed directly to your injuries.
-  Your doctor or other medical practitioners. They will outline the extent of your injuries and the kind and length of treatment and therapy you need.
-  Vocational rehabilitation experts. They will look into the effect of the injuries on your capability to perform your tasks for your own occupation, for other occupations that suit your experience and training and for other alternative occupations. They will state whether you will need additional vocational training.

Also, you may need some expensive testing. For instance, roof strength testing can be done to prove that the car manufacturer failed to meet federal standards.

As you can see, suing to gain compensation for your injuries can be quite complicated. The case can also be long and drawn out. During this time, it is important to establish a solid financial base. This is to help pay for medical expenses and provide for your family’s day-to-day needs as well as cover court-related costs. Lawsuit funding is a good source of the money you need.

Also referred to as a lawsuit loan, this kind of funding will look into the merits of your case, rather than on your financial capability. This means that you don’t have to pay back the money from the lawsuit cash advance if the lawsuit is not settled and the compensation is not paid.

Personal Injury Basics: Recovering From Your Injuries

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”.

Financial Recovery

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.

Pedestrian Accidents and Personal Injury Lawsuits

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.

Pedestrian Risks

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.

Negligence, Liability and Car Accidents: Fighting to Claim For Your Personal Injury

Posted on November 6, 2012 by Fast Lawsuit Team

With the many cars in the country’s roads, it is inevitable that accidents will happen. In fact, deaths caused by car accidents are in the top 10 causes of fatalities, especially for those below 34 years of age. Yearly, about five million accidents happen in the highways, streets and parking lots.

With these statistics, it seems that Murphy’s Law reigns. There are a number of causes why car accidents occur. Defective products (faulty brakes, exploding gas tanks, etc.), faulty road design, inclement weather conditions are some of the reasons for car crashes. Sadly, though, most of these accidents are caused by human error or negligence.

These include:
-  Overspeeding
-  Driving while under the influence of alcohol, drugs or prescription medication
-  Careless driving – driving while texting, putting on make-up
-  Driver fatigue
-  Driving aggressively

And one mistake or act of negligence of another can have serious consequences. If you are lucky, you can escape with only bumps and bruises. However, a car collision may mean serious injuries that can affect you for a lifetime – brain injury, paralysis, loss of limbs. Quite a number of these accidents also result in wrongful death.

Driver Negligence

If you are a victim of a car accident brought about by someone else’s carelessness, you may seek compensation from the erring party who is responsible for the accident. The important thing is that you need to show driver negligence – or simply, how the driver was directly at fault with the accident and subsequently, your injuries.

Owning a driver’s license is not just a right and privilege, it is also a serious responsibility because your life and that of others are on the line. There are specific responsibilities a driver must fulfill:
-  To follow traffic rules and road signs. This includes following speed limits and traffic lights, rules covering right of way, changing lanes and turning. Other important rules include refraining from driving while under the influence of alcohol or drugs and not using the cell phone while driving.
-  To exercise reasonable care while driving. This means driving in a way that is prudent and reasonable, taking into consideration the flow of traffic and the presence of pedestrians, the condition of the road, as well as visibility and weather conditions. This also means keeping one’s eyes on the road while driving.
To ensure that he controls the car at all times. This includes the ability to stop quickly, if needed by maintaining a safe distance from the car in the front.
-  To ensure that the car is properly maintained. Signal lights, headlights, brakes and steering capability should be in working condition.

A driver can be considered negligent when he fails to fulfill the above responsibilities and that failure (whether through careless or deliberate acts) caused the accident and subsequently, harm and injury.

Violation of traffic rules. If the driver was found to have violated a traffic law at the time of the accident, there is an immediate presumption that he was negligent. It is not up to the victim or complainant to prove the driver’s negligence. Rather, the burden of proof is on the driver or the defendant to show that he was not negligent.

Partly victim’s fault. If it can be shown that the accident was not entirely the defendant’s fault and that some of the blame can also be attributed to the victim, the driver may only be required to pay a certain portion of the damages, with the rest shouldered by the complainant. The driver can try to show that you have also been negligent because you were not able o take evasive action or keep a lookout of the road. At this point, the defendant will be liable only for his proportionate responsibility for the car collision.

Unavoidable accidents. One other defense an erring driver can bring to the table is that the accident was something that was unavoidable. Meaning, it was not his negligence that caused the accident, but some other reason such as a slippery road, poor visibility due to fog, a sudden and unexpected illness (such as a stroke) or a defect in the way the car was manufactured.

Your Personal Injury Lawsuit

A victim can claim for compensation for the losses brought about by the accident. This does not just include medical costs, expenses for therapy and loss of income. The settlement (depending on some states) may also include compensation for pain and suffering, as well as loss of enjoyment or loss of consortium.

A personal injury lawsuit aims to seek for that compensation – notably from the erring driver and his insurance company. However, you can expect the other party to try to put up a defense. While you are battling it out in the courtroom, there will still be a lot of expenses related to your recovery from your injuries. In addition, you may be suffering from more financial loss because of lost work days. During this time, some financial assistance would be welcome.  This is where lawsuit funding can help.

Also referred to as lawsuit loans, this provides non-recourse funding at a time you need it most. It is a type of funding which you only have to pay back when the lawsuit settles. Also, a lawsuit cash advance is a type of funding where the application is evaluated based on the merits of the case, rather than on your employment standing or your credit rating.

You can trust in FastLawsuitMoney.com to provide you with a fair and honest evaluation of your case. It has streamlined its applications process so that once approved, you can readily receive the funds from the settlement loan within the day.

Defective Gas Tanks, Explosions and Personal Injury Lawsuits

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.