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Suing for Daycare Abuse and Negligence

Posted on April 10, 2013 by Fast Lawsuit Team

Juggling work and family is not easy. Parents would have loved to stay at home and care for their little ones. However, the need to entrust the care of their loved ones to someone else has become a necessity. Sometimes, a two-income household becomes a must just to ensure that the family is financially stable – the mortgage is paid, the children’s college fund is regularly increased and the family’s savings is topped up.

The remaining choice will be to entrust your child to a daycare facility. When the daycare “enrolls” your child into their facility, they assume the responsibility for your child. This is a serious responsibility, one that the daycare facility should not take lightly. While in the facility (which you pay for to take care of your child), the daycare has the responsibility to provide a safe environment, to be under the constant supervision of the facility’s staff and to be protected against all forms of maltreatment.

There are a lot of scary stories about children getting hurt while in the care of others. In Tampa, Florida, a three-year old was left alone in a van for about 4 hours. This leaves the child vulnerable to heatstroke and suffocation. In one incident, a child died in a home daycare facility when the owner left the house with the stove on and a fire ensued. One cannot imagine the horrors that the parents went through to discover that the very institution they put their trust in was the one who caused their children hurt and harm.

The government has established regulations and required licensing to ensure that such facilities operate according to specified standards. All employees are required to submit to a series of screenings and background checks. With all these, there may be some that slip through the cracks. And the unacceptable happens. When you have proven your child to be a victim of daycare neglect or abuse, you need to act quickly and aggressively to make the responsible parties answer for the abuse. You can also sue for compensation. This is not just about getting the money – but ensuring that your child (and as a result, other children) are protected from abuse.

Responsibilities of a daycare facility

A daycare facility is expected to:
-  Maintain safe and clean premises, equipment and toys
-  Establish and implementing rules for safe play
-  Ensure that there is qualified and proper supervision
-  Maintain the confidentiality of the child’s information
-  Screen all employees and provide appropriate training
-  Ensure the child’s safety and security while on the premises
-  Be aware of the child’s medical needs and dietary restrictions

Before enrolling your child in a daycare

The first step to preventing your child from being a victim is to thoroughly check your child’s daycare center before you even enroll him. Here are some things you can do:
-  Make a visit to the facility and check the equipment
-  Interview the director, staff as well as other parents
-  Take a look at the surroundings to see that these are clean and free of any hazards
-  Inquire about the daycare facility’s license, as well as documentation for their policies and procedures
-  Ask about the screening process of employees

Watching for signs of abuse or neglect

It is also helpful to be alert for any signs of abuse or neglect. Here are some of the signs you should be watchful of:
-  Changes in behavior and mood. Is your child suddenly withdrawn, moody or depressed?
-  Unexplained injuries, bruises or cuts
-  Refusal or hesitance to go to the daycare facility
-  Showing fear of a particular member of the daycare staff
-  Sexual acting out in a way that is inappropriate or unusual
-  Malnutrition or dehydration
-  Changes in the toilet habits of your child
-  Rapid and unexplained weight loss
-  Depression or hostility
-  Changes in the child’s sleep patterns

Filing a Lawsuit against the Daycare Facility

Your daycare facility should be held accountable for hurting your child. This includes any neglect or abuse inflicted by their staff. You should also demand for compensation for medical expenses (including therapy), as well as any related expenses. The therapy costs involved may most likely be long-term and will not cost a pretty penny.

It is only right for you to file for compensation. You can consult an experienced attorney as you prepare and file your lawsuit. This time can be especially trying for the family. The lawsuit can be an emotionally draining experience for both the child and the parents.

Lawsuit cash advance can help you fight it out with the daycare facility and ensure that they answer for their neglect or abuse. With the cash from the lawsuit settlement advance, you don’t have to be swayed by a tempting offer by the daycare facility.

Lawsuit loans are a way for you and your family to get access to cash without having to go through the hassle that usually is usually involved in applying for a loan. Lawsuit funding is also a non-recourse funding – this means that you only need to pay it back when the lawsuit settles.

Personal Injury 101: Mitigation of Damages

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.

Face/Off: Getting Compensation for Facial Injuries

Posted on April 4, 2013 by Fast Lawsuit Team

Having facial injuries not just affects one’s physical appearance. It also has a profound effect on one’s sense of confidence and self-esteem. This can be particularly distressing when the facial injury is the result of one’s negligence or willful act.

Facial injuries are caused by any of the following: explosions and fires caused by a leaky gas pipe, a slip and trip incident, a construction accident, a car accident, flying objects and flying debris or an animal attack. More often than not, the facial injuries are just part of other injuries that a victim sustained. There are also cases where medical or dental malpractice is the culprit. A mistake during a cosmetic procedure can render damage to the facial nerves. Or, a dentist can be careless with a dental procedure and this can result in a serious infection. If a worker is not provided with the necessary equipment to protect against facial injuries such as masks, mouth guards, helmets or goggles, he can also get serious facial injuries.

The term “facial injury” covers a lot of ground and can make the victim eligible for compensation, depending on the severity of the facial injury:

-  Burns. Facial burns not just occur due to fire or extreme heat. It can also be caused by chemical substances. Facial burns may also be caused by the use of toiletries or cosmetics that have harsh chemicals. When left untreated, facial wounds may become infected. Burns and scalds are quite painful and can cause deep and unsightly scarring.
Injuries to the eye that may result to loss of sight. When the sensitive parts of the eye (including the lens, cornea, eyelid or eye socket) are injured, this can cause one to lose his eyesight, whether partially or totally. This kind of injury may be caused by objects flying at high speeds (such as debris scattered on a high way), excessive force (such as falling and hitting a hard surface), as well as bright light (welders can be especially vulnerable).
Facial wounds. This can range from a simple cut, wide abrasions, to deep puncture wounds or lacerations. These wounds can be caused by sharp objects such as a knife, broken glass or exposed steel bars.
-  Fractures. This can be very painful fractures to the jaw, cheekbone or nose – even the eye socket!
-  Mouth and teeth injures. In an accident, teeth can become misaligned, cracked, chipped or knocked out. Mouth injuries can involve the gums, lips, inner cheeks, or tongue.

Getting compensation for facial injuries

If you suffered serious facial injuries because of someone else’s actions, you can demand compensation for:
-  Medical costs. This can include cosmetic procedures, as well as therapy.
-  Costs related to the treatment. This can include transportation costs as one goes to follow-up treatments and check-ups, as well as the cost of housekeeping and childcare.
-  Lost income. This includes income you lost during the treatment and recovery period, as well as lost income that was caused due to your inability to find a job because of your situation. This can be compounded if your looks are an intrinsic part of your job (i.e. as an actor).
-  Pain and suffering. Money can never really compensate for the trauma and suffering that a facial injury victim goes through. Each surgery also involves painful recovery periods. There is also the emotional and psychological trauma of having a disfigured face.
-  Scarring and disfigurement. The injuries can be such that even with extensive cosmetic surgery, a person can still be left disfigured or with permanent scars. There are also instances where the injuries have caused permanent numbness and loss of use.
-  Loss of enjoyment of life. Facial injury victims do suffer from the effects of scarring and disfigurement. This can hamper one’s ability to make and maintain relationships. The psychological trauma can also leave him with a tendency to be shy and nervous about doing the things he used to enjoy, such as going to the mall and other public places, playing a sport or driving.

You can sue the party who caused the injuries for compensation. Make sure that before you file your lawsuit, you are able to keep evidence in the form of photographs of the scene of the accident, police reports, doctor’s reports and so on.

The process of filing a personal injury lawsuit can be difficult, discouraging and lengthy.  The expenses involved in the lawsuit, coupled with the expenses during the treatment, can drain you financially. This is when a lawsuit cash advance can help.

Lawsuit funding is a way for you to get quick and hassle-free access to cash at a time when you need it. While you are waiting for your lawsuit to settle and you are undergoing extensive treatment for your facial injuries, the lawsuit loan can be a vital lifeline in making sure that you stay focused on your recovery, as well as in getting the right amount of compensation. The other party can try to negotiate by giving you a lowball settlement offer. If you don’t have the funds you need, you may be tempted to give in.

With a lawsuit settlement advance, you can say no to such offers and stick to your guns in insisting for the fair and just compensation that you deserve. The good thing about a lawsuit settlement advance is that is non-recourse funding. Unlike a loan, it is not something that is based on your current financial status (your employment and rating). It is based on the strength and merits of the case. You also don’t need to pay it back in the event that the lawsuit fails to settle.