Posted on June 1, 2013 by Fast Lawsuit Team
When you file a personal injury lawsuit against someone who has caused you injury, you can’t expect the person (called the “defendant” in legal terms) to take it lying down. Since a personal injury claim can involve a lot of money, there are some ways that a defendant can answer your lawsuit. As someone who has filed a lawsuit (or the “plaintiff), it is important to anticipate the arguments that the other party will advance towards his defense.
Here are some of them:
- Comparative negligence.Comparative negligence, as a defense, states that both the plaintiff and the defendant were responsible for the accident and thus, they are also partially responsible for the damage. This means that the defendant only gets to pay a portion of the compensation amount, depending on the degree of his fault with regards to the accident. For instance, if the defendant has successfully shown that the plaintiff is 20% responsible for the accident, the defendant will only be liable for 80% of the total compensation amount. Comparative negligence as a defense may work differently on different states. There are states that follow the modified comparative negligence system, where the plaintiff should be responsible for 50% or less of the accident for him to be able to sue for compensation. There are also states that adhere to the pure comparative negligence system, where a plaintiff can sue for compensation as long as he is not completely at fault.
- Contributory negligence. Only a few states use this rule. This includes Alabama, Virginia, Maryland and North Carolina. Under the contributory negligence system, even if the injured party were only partly at fault, he cannot claim for compensation. This means that the defendant can try to show that the plaintiff was also partly at fault and is therefore barred from making personal injury claims.
- Assumption of risk. If the plaintiff knew that a certain activity or sport was risky but participated in it anyway, the defendant can try to use “Assumption of Risk” as a defense. This is usually seen in contact sports, where the injury was closely related to the risk assumed. If you tripped in the field while playing football, you don’t usually get to claim for compensation because tripping over another player may happen during such games. When you played that game, you should have known that as one of the inherent risks of the game and you knowingly assumed that risk. However, if the injury was due to your tripping over an obstruction that should have not been in the field and that the property manager should have known about and failed to act upon it, then you can file for compensation.
- Intervening Cause. In this defense, the defendant will try to show that it was another separate and independent event that actually caused the damage. This “other event” usually comes after the defendant’s act of negligence and the injury that the plaintiff suffered. The intervening cause cuts off the chain linking the defendant’s negligence directly to the accident that caused the injury. For this defense to be successful, the intervening cause should be unforeseeable. For example, if the janitor failed to wipe a spill and someone slipped on that wet section, the janitor’s actions were directly responsible for the accident. However, if the janitor forgot to set a pail of water aside and an earthquake occurred, causing the pail’s contents to spill, it could be said that the earthquake was an intervening cause and that the janitor (and the property manager) is not completely liable for the accident.
- Lack of foreseeability. Here, the event that resulted in the injuries is so unforeseeable and thus, frees the defendant from liability. For instance, if a property manager failed to have the saggy carpeting fixed and someone slipped on it. The person who slipped was otherwise okay, but his companion had a heart attack because of the event. Even though it was the property manager’s negligence that caused the slipping incident, he could not have foreseen that it would cause a heart attack.
- Failure to mitigate injury. If you were injured in an accident caused by someone else but you failed to have your injuries treated promptly, the erring party can only be liable up to the extent of the injuries he directly caused. That means that compensation for additional injuries (i.e. infections) will not be included in the compensation amount.
As you can see, filing a personal injury lawsuit is no simple matter. You will need patience, as well as the skills of an experienced personal injury lawyer to ensure that your rights are protected and that you are able to get the fair compensation that you deserve. Another way to ensure this is to get lawsuit funding.
A lawsuit settlement advance provides you with ready cash at the time when you are dealing with hospital bills on top of your family’s daily needs. This forestalls the need to settle for a lower settlement amount.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement funding. It has a streamlined applications process to make it easier for victims to have access to funds at the time they need it the most. With FastLawsuitMoney.com, you can get the lawsuit advance in as quickly as 24 hours once your application is approved.
Posted on April 7, 2013 by Fast Lawsuit Team
Personal injury and wrongful death lawsuits aim to get compensation for the physical injuries that a victim incurred because of the actions of another. However, the erring party has a defense: mitigation of damages.
The Responsibility of the Injured
The injured person has the responsibility to take reasonable action so as to minimize the damage incurred, whether this is physical injury or monetary loss. As a victim, he can avoid further losses by acting like any reasonable person would have acted in the same situation. This can include getting immediate medical help so that the injury did not get worse and required a more expensive procedure. One example would be an injury that resulted to amputation because the victim failed to have the injury treated and as a result of the neglect, the injury was infected.
“Mitigation of damages” is a defense that the party being sued (the defendant) can take in an effort to decrease the compensation he is to provide the victim. It is also called the avoidable consequences defense. In the lawsuit, the defendant will try to show that the victim did not fulfill his obligation to “mitigate the damages”. If the defendant can prove that part of the damages were a consequence of the victim’s own wrongdoing, the monetary equivalent of the loss that could have been minimized or avoided will not be included in the portion of the compensation.
Mitigation of damages can be used to deduct for compensation for the following reasons:
- Did not seek immediate medical attention. Right after an accident, even if the victim feels “okay”, he should immediately go to the hospital to have his condition checked. This may include having an x-ray and having injuries treated. The gap between the time of the accident and the time he sought medical treatment should be reasonable. For instance, if it is fairly obvious that he needs treatment (his arm is bleeding profusely), it can be shown that any reasonable person will go to the hospital right away. A longer gap can be reasonable when there is no obvious injury. However, there have been cases where personal injury lawsuits covering soft tissue where denied because the person did not seek treatment.
- Refusing reasonable medical advice. Here are some examples:
- The victim receives a prescription for medication but fails to follow it.
- The doctor advised at least three days of bed rest but the victim went on doing heavy work such as lifting.
- The doctor recommended the patient to lose weight but the patient does not make any effort towards this end.
- The doctor advised the patient to come back if pain is recurring.
These are medical advice that any reasonably prudent person would follow, knowing that not doing so would have affected the injury.
- Electing not to undergo surgery. If the doctor recommended surgery, the patient has the right to refuse. As a result, the patient’s injury could have worsened or the damages could become permanent (i.e. loss of eyesight due to an infection). The defendant is not liable for any damages if these could have been avoided had the victim agreed to a surgery. The defendant can try to show that any reasonable person would have agreed to have the surgery, that the surgery is standard, has a high rate of success and poses little risk. However, the counter-defense can be that the surgery poses a high level of risk and may even result in the victim’s death. In this case, the compensation will include losses that resulted from the victim’s refusal to undergo surgery.
- Opting for alternative treatment. This includes other alternative treatments other than that offered by the doctor. This includes homeopathy, use of herbs, chiropractic and acupuncture. This can also mean home remedies or DIY (do-it-yourself) treatments. For instance, if the victim is wounded during a car accident, the usual response would be to have the doctor stitch it up so that there is no scarring. However, the victim opted to just treat it by himself because he was afraid of needles. If the wound resulted in permanent scarring and disfiguration, this is not payable because the victim did not act reasonably to mitigate the damages.
- Failure to look for alternative work. If the victim wants compensation due to loss of income, he should also show that he has made every effort to find alternative work in the event that his injuries prevent him from doing his usual line of work.
- Refusal to be retrained for another line of work. If the victim can no longer perform the duties of his past occupation, he can seek retraining so that he can be employed in another line of work. Refusing to do so can result to a decrease in his compensation related to loss of income.
If you are a victim of an accident caused by another person’s fault, it is very important that you act to mitigate the damages. A personal injury lawsuit can actually be long, drawn-out and frustrating process. One way to mitigate the losses (and to also ensure your complete recovery) is to seek proper medical treatment. But often, with one’s financial situation, it is tempting to do away with going to the doctor.
Lawsuit funding can help provide you with the money to get the treatment you need. Also called a lawsuit settlement loan, this is non-recourse funding that is provided for victims of personal injury who are waiting for the settlement of their compensation. Unlike a regular loan, lawsuit funding is provided based on how strong your case is. Also, paying the lawsuit funding back will only be expected when the lawsuit has settled.
If you are interesting in applying for a lawsuit loan, go to a reputable provider such as FastLawsuitMoney.com. With FastLawsuitMoney.com, you are assured of a hassle-free applications process. Once you are approved, you can get your cash as quickly as 24 hours.
Posted on 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.
Posted on November 3, 2012 by Fast Lawsuit Team
You would think it only happens in movies. In many a Hollywood action flick, you see people dramatically run and jump in slow motion as their car explodes to the high heavens. But defective gas tanks do explode or cause serious accidents – not just the fuel tanks of vehicles, but other kinds of fuel tanks that power up stoves, fireplaces, water heaters and grills. These are inherently dangerous because the contents of these tanks are volatile substances.
When a gas tank explodes, fire and flying debris may follow. A gas tank can also be the cause of a fuel-fed fire. Gas tank accidents can result in serious burn injuries, disfigurement, loss of limbs, exposure to dangerous gases, muscle and tissue damage, smoke inhalation problems and even death.
Survivors of a gas tank explosion may struggle with long hospital stays, physical therapy and rehabilitation and the need for cosmetic and reconstructive surgery. It can also result in tremendous scars both emotionally and psychologically.
Looking Into the Cause of the Accident
Sadly, a number of gas tank accidents could have been avoided had other people been careful. What caused the gas tank accident? Here are some reasons.
Defective product. The use of substandard raw materials or the carelessness of the workman may result in a defective gas tank. For vehicles, the gas tank housing the fuel is designed not to explode during a car crash. However, if the gas tank was defective when it was installed into the car, the unexpected may happen. In a car crash, this compromised gas tank may fail, cause a leak and a subsequent explosion. If the driver was at fault for the collision, the gas tank or car manufacturer may also be held liable for injuries caused by the gas tank failure. For gas tanks used in homes and businesses, it is important that the gas have an odorant mixed into it so that it is easier to know that a leak has occurred.
Faulty installation or handling. Gas tanks should be installed in the right location and in such a way that it is not as vulnerable to any accidents. Tanks should be installed far enough from houses, construction sites and buildings. The transfer of the gas into the tank should use the proper regulations and should be include a pressure test to ensure that there are no leaks. Tubes or pipes leading to and from the gas tank should also be leak-free
Poor maintenance. The owner of the vehicle or the owner of the business is responsible for the maintenance of their equipment. Leaks should be addressed and employers should make sure that the valves of any gas tank are locked securely.
Poor design. The vehicle’s gas tank should be placed securely inside its body. Gas tanks placed at the sides or outside of the vehicle’s body are more vulnerable to rupture from a collision, even minor ones.
Failure to follow regulations and improper use of gas tanks. Part of the need to ensure a safe working environment is to provide employees that use and maintain the gas tanks with proper training and to have policies and procedures in place.
Your Gas Tank Personal Injury Lawsuit
If you are a victim of a gas tank accident, you are well within your rights to file a lawsuit in an effort to claim for compensation for the injuries you incurred from the accident. When filing a personal injury lawsuit, it is important to investigate the accident to check whether the gas tank was indeed the direct cause of the injury.
You may need to hire automotive accident experts and forensic specialists to study the evidence and to directly show that there was a directly link between the gas tank accident and your injuries. Other proofs you should gather include the statement of witnesses, pictures of the accident, doctor’s reports and documents outlining other accidents related to gas tanks for that particular model or make of the car, gas tank or equipment.
During this time, lawsuit funding can be helpful. The injuries sustained due to the gas tank accident may be extensive. The lawsuit will also need the services of expert witnesses, as well as the costs needed for taking the depositions of those who saw the accident. On top of this, you may not be able to earn an income because of your injuries and bills may start piling up.
With lawsuit loans, you can stop worrying about money and instead, give your full attention to your recovery and to the building of a strong lawsuit. The money from a lawsuit cash advance will mean you can firmly say no to the other party’s offer of a paltry amount as your compensation. Instead, you can negotiate from a position of strength in order to get the compensation that is fair and just, considering your injuries, pain and suffering.
FastLawsuitMoney.com can help you gain access to settlement funding so that finances would be the least of your worries at this very difficult time. With its streamlined applications process, applications can be approved quickly and you can get the cash in as quickly as one day after applications have been approved.
Posted on October 25, 2012 by Fast Lawsuit Team
Has your health been compromised because of a medication error? Was the prescription you thought could make you better actually caused a series of other health problems? You are not alone. According to statistics from the FDA, there are around 1.3 million cases of medication errors annually. Out of these, 7,000 of the cases result in death.
Prescription errors fall under medical malpractice. It is something that should have been preventable, but due to the negligence of persons (doctors, nurses, pharmacists, chemists, etc.), you suffered from personal injury. Medication errors usually occur in hospitals, clinics, pharmacies, nursing homes and similar facilities.
Some examples of wrong medication and prescription errors include:
- The doctor prescribed the wrong kind or amount of medicine – he prescribed a medicine that had contraindications, he miscalculated the dose, he failed to consider any allergies before prescriptions and so on.
- The doctor failed to prescribe a medicine that is normally given based on the symptoms of the patient – this may be linked with the failure to correctly diagnose the patient’s condition.
- The doctor did not write legibly and clearly so that units or dosage can be misread
- The nurse dispensed the wrong kind or amount of medicine
- The pharmacist dispensed the wrong medication.
- The doctor prescribed a medicine that caused known side effects of a medicine and he failed to act by having the patient discontinue taking the medicine.
- Incorrect labeling or similar packaging
- A simple error of mistakenly reading the units (i.e. reading milligrams instead of micrograms)
Filing a medication error lawsuit
It is important to show that it is the wrong medication or failure to follow a prescription that directly resulted in your injury. Your medical professional owes you a duty of care, and you need to prove that his negligence or willful act is a breach of that duty and because of that breach, you suffered from harm. If the medical professional only exercised ordinary and reasonable care, the harm you suffer could have been avoided.
If you have discovered a prescription error, be sure to:
- Secure documentation. Keep the prescription, as well as labels, the packaging of your prescription medicine and relevant receipts. You should get a copy of your medical records at the time of the incident, as well as your medical records while you were being treated for the prescription error.
- Secure the testimony of expert witnesses. This is an effort to show that the medical professional failed to exercise reasonable care.
- Avoid making statements. The hospital or pharmacy may attempt to get your recorded statement. Avoid providing any statements, especially without the advice of your lawyer.
- Provide quick notice. If the medical practitioner involved is an employee of a governmental entity, you must give that governmental entity written notice of claim within a specific number of days beginning from the date that the medication error happened.
- File the lawsuit as soon as possible. It is necessary to act fast since there is a statute of limitation governing prescription errors. After this period has passed, you can no longer file for compensation.
You can claim for compensation for the following:
- Medical costs
- Lost income (both present and future)
- Pain and suffering
- Physical impairment or disfigurement
- Loss of consortium
- Wrongful death, including funeral and burial costs
It is important for you to ask your lawyer’s help to provide you with a good idea of just how much your lawsuit is worth. The other party may try to offer you a settlement that is way below the fair and just compensation you should receive. You may even be tempted to accept such an offer because you are already in dire financial straits.
But the good news is, you don’t have to be. You can avail of lawsuit funding to help you have cash at the time you need it. Lawsuit loan, as it is also called, provide you with non-recourse funding. This means that you only need to pay back the funding if your lawsuit settles.
FastLawsuitMoney.com provides such lawsuit cash advances. It enables you to apply for the funding without too much hassle. They just need to get the details of your case from your lawyer. You can quickly get the funding, sometimes within the day the application is approved.
Posted on September 20, 2012 by Fast Lawsuit Team
Asthma is a debilitating disease that can continue for the rest of your life. Asthma, literally, takes your breath away – and not in a good way. During an asthma attack, one has trouble breathing because his airways are swollen due to inflammation. Excessive mucus also contributes to the tightening of the airways. An asthma attack can be evidenced by coughing, breathlessness, wheezing and pain and tightness in the chest.
Asthma is oftentimes hereditary, but it can also be caused by one’s environment and way of living. If its onset is later in life, it can be occupational asthma. One way to check if the asthma is indeed caused by a hazard in the workplace is if you feel better when you are on vacation and away from work and when the asthma plays up when you get back to work.
Occupational Hazard: Asthma
Occupational asthma is caused by constant exposure to a substance that triggers it. This exposure may be part of one’s working environment. According to studies, occupational asthma may develop within 6 to 12 months, but there are also some reports of asthma developed after exposure to a hazardous substance for as long as 20 years. If you are exposed continually to these substances for prolonged periods of time, it may lead to permanent damage to the lungs.
Exposure to smoke and dust, fumes caused by chemicals, welding devices and cleaners, laboratory animals, enzymes, flour and grains, latex, solvent vapors and other irritants may trigger the onset of asthma. This is why there are a number of cases of occupational asthma for veterinarians, research laboratory technicians, paint sprayers, nurses, cleaners, and carpenters.
Occupational asthma will have a tremendous impact on an individual. You are always vulnerable to asthma attacks that can result in the need for hospital treatment and constant medication. You may also have to find ways to manage it every day. Other adjustments will have to be made, such as a change in occupation or even the need to stop working (and a resulting loss in income).
Occupational Asthma and Employer Liability
Employers have the responsibility of ensuring that employees are safe from exposure to substances that can develop diseases, such as occupational asthma. The government has put regulations in place for the protection of workers from exposure to hazardous substances and chemicals. This is called “The Control of Substances Hazardous to Health Regulations”.
This means that if you believe your asthma is a result of exposure to hazardous substances in the workplace, you can ask for compensation from your employer due to their failure to do their duty to protect you against contracting a disease in the workplace.
Filing for an Occupational Asthma Compensation Claim
When you are considering filing a claim for compensation, it will be helpful to consider getting help from an experienced lawyer. It is also important that you remember that there may be time limits for you to file a claim. In most cases, you have three years to file that claim.
When you are filing for a claim in compensation, you will have to prove that it is indeed a substance in the workplace that caused the asthma, and not your exposure to other substances in your home, such as pets, dust and pollen. You will also need to show that the employer knows or should have known about the hazard and failed to do something about it, and as a result of their failure to act, you contracted asthma.
When you file your claim, you can ask for compensation for the following:
- Medical expenses. This includes your regular medications, as well as expenses for times you were hospitalized due to an asthma attack.
- Loss of income (past and future). When you had to change jobs (that earned a lower income) or had to quit working altogether, you can claim for compensation for the income you have lost.
- Pain, suffering and trauma. Having an asthma attack (where you feel that every breath is your last) is a particularly distressing experience.
While you are waiting for your compensation to come through, it is best to consider getting lawsuit funding. This can help provide you with funds you need for your treatment and medication. The lawsuit cash advance can also help with medical bills and household expenses.
The settlement funding is a non-recourse funding that depends on the details of your lawsuit, rather than your credit standing or your employment status. The funding will be paid back when your claim is settled.
One reputable provider of lawsuit loans is FastLawsuitMoney.com. For years now, FastLawsuitMoney.com has been helping people who need ready cash while they are waiting for the settlement of their compensation claim.
Posted on September 11, 2012 by Fast Lawsuit Team
When it comes to the keywords “scalding” and “lawsuit”, one would usually remember the famous (or infamous, however you take it) 1992 case of Liebeck vs. McDonalds. The story is that Liebeck, a grandmother of 79, bought coffee from the fast food store drive-through. She placed the coffee cup between her knees while she was trying to put cream and sugar to her coffee. Unfortunately, the contents spilled out and the scalding hot coffee caused severe burns to her groin and genital areas, as well as her inner thighs and buttocks. After eight days of hospitalization, Liebeck had to undergo skin grafting for the third-degree burns she sustained.
In the course of the lawsuit, it was discovered that McDonalds kept their coffee at 180 to 190 degrees, much higher than the 135 to 140 degrees of coffee one gets at home. In the end, Liebeck received compensatory damages of $160,000 and punitive damages of $480,000.
This case just shows that restaurants, fast foods and coffee shops can be held liable for scalding and burning incidents. These entities have a duty of care to their customers to ensure that what they are serving is safe and the customers will not suffer unnecessary injuries and harm.
Additionally, owners of restaurants, businesses with professional kitchens, steel-working factories and so on, have the same duty of care for their employees, particularly where the workplace has fire or extreme heat or the possibility of exposure to hazardous substances. Employers have the responsibility of instituting procedures to ensure the safety of their employees. Some of these safety procedures include the wearing of protective devices such as goggles and gloves and providing safety training. Regular checks to see that these procedures are in place and are being implemented are also necessary.
Burning and scalding are no joking matter. They result in:
- First degree burns. These are minor burns that damage only the top layer of the skin. They result in redness, some pain but no scarring.
- Second degree burns. The burning or scalding will have penetrated the deeper layers of the skin. This is more painful and will cause blistering. When unattended, this can lead to infection. If second degree burns cover over 10% of the body, the victim may go into shock as the burns sap up the fluids on the area of the burn.
- Third degree burns. This penetrates deeply into the lower layers of the skin and injures nerves, ligaments, tendons and muscles. As a result of the damaged nerves, the victim may no longer feel the pain, but is at a higher risk for death. Even with skin grafts, this kind of burns will more often than not result in permanent scars.
The burns can also result in:
- Permanent scarring and disfigurement – which can cause mental distress, as well as constant pain for the victim
- Nerve and tendon damage
- Damage to the ligaments and muscles
- Skin contraction
Aside from very hot liquids, burns and scalding can be caused by contact with fire, steam or extreme cold. Other causes include an electric shock, friction, radiation and exposure to burning chemicals such as corrosives.
Being a victim of burning or scalding is life-changing. Aside from the pain and trauma of the treatment and recovery, you may also have to deal with being scarred for life. Other effects include job loss, depression and financial problems. The scarring may require extensive plastic surgery, as well as hours spent on a psychologist’s or counselor’s couch.
Filing a Personal Injury Lawsuit for Burning or Scalding
As a burn victim who suffered harm due to another party’s negligence, you have the right to seek for compensation for the injuries you sustained. Remember, you will only have a limited time for filing the claims. There is usually a three-year statute of limitation for this kind of case. This period starts from the day of the burn or scalding incident.
After you have filed your personal injury lawsuit, you may be suffer from a lot of stress due to the recovery process and the trial, as well as the financial burden of paying for hospital treatments, your family’s daily needs, your mortgage and more. It can help you to consider applying for lawsuit funding.
Lawsuit funding, or lawsuit cash advance, is money advanced while one is waiting for the lawsuit to be settled. It is not based on one’s credit standing or employment history. Rather, it is based on the merits of the case.
For quick and easy lawsuit loans, you can turn to FastLawsuitMoney.com. FastLawsuitMoney.com has been helping burn victims and other personal injury victims to have access to cash at a time that they direly need it. It understands your situation and has streamlined its processes so you can get the money in as quickly as 24 hours after the application has been approved.
Posted on July 29, 2012 by Fast Lawsuit Team
The peaceful piped-in music was shattered by the sharp pings of gun shots. As shocked mall goers ran for cover, a deranged youth fired two shots – one to his girlfriend, the other to himself. One would imagine that this only happens in movies or television shows. But no, the sad fact is that it happens in places where we thought we were safe. Another sad fact is that the crime and the injuries incurred could have been prevented had there been adequate security measures.
There are cases where someone is battered, robbed, abducted, raped, shot or killed while in the workplace, hotel, motel, concert hall, parking lot, shopping mall, school, bar, nightclub, cruise ship, resort, bank or restaurant. According to statistics, 30,000 people suffer injuries due to acts of violence annually, and this usually happens in public places. Victims of intentional acts of violence can sue for compensation. However, since those who perpetuate these crimes do not have the funds to pay for the compensation, one can look to the property owner who failed to provide adequate security – and as a result, enabled criminal acts to be done in their property.
Premises Liability Law and Negligent Security
A property owner is responsible for ensuring that their property is reasonably safe and secure from foreseeable risks, especially for the following:
- Any person authorized or allowed entry to the premises
The term “reasonable” is subject to debate. Usually, the following questions are posed to determine whether the property owner is indeed liable:
- Did the property owner consider the location of the property, the layout of the building, the nature of the business and other factors in the building of its security measures? Were these factors, as well as the foreseeable possibility and severity of the crime, considered against the cost and availability of the security measures that can be adopted?
- Did the property owner know about the history of criminal acts or attempts? Were there specific threats to the property’s security?
- Were there any signs of vandalism and violence in and around the property?
- Did the property owner hire a security service, and did that service exercise reasonable care to prevent criminal acts from happening in the premises?
- Were the security measures upgraded to respond to the level of criminal activity in the area?
The property owner should have taken the necessary precautions to ensure their patrons’ safety. Some safety precautions include:
- Drafting a security plan that considers the layout of the property and its environment
- Ensuring that common areas, stairwells, corridors, and parking lots are well lit
- Ensuring that doors, windows and any other means of entry are secure
- Provision of gates and fences around the property when warranted
- Providing enough security personnel to guard against the presence and entry of suspicious-looking people
- Providing security personnel, as well as bouncers and doormen, with training on how to respond to various incidents and security breaches
- Posting signs warning of potential security hazards
- Installing CCTV cameras and security systems, as well as intercom systems, metal detectors and other security and surveillance systems
- For hotels, providing security measures for their guests such as one-use hotel room key cards
- A system in which security personnel and police can respond in a timely manner
- Providing thorough screening of potential hires (including looking into employment history and criminal background)
- Firing security personnel who were proven to be incompetent, unqualified or inattentive during work hours
- Screening of guests to ensure that they do not carry weapons or are not under the influence of alcohol or drugs
- Properly checking employee identification to ensure that only unauthorized personnel and guests can enter appropriate rooms/areas
- Instituting proper crowd control
- Compliance with government codes such as capacity limits, fire codes and occupancy codes
On the other hand, property owners who are sued for personal injury liability can defend themselves by arguing the following:
- The part of the complainant and his own responsibility for the injury, whether the complainant also exercised enough care (i.e. did he take care of his key card so that no one will have access to it?)
- The profile of the criminal is one where no reasonable security measures would have spotted the commission of the crime
- The liability of the property owner should be balanced between their failure to provide adequate security and the behavior of the criminal
Lawsuit Funding for Your Personal Injury Lawsuit
As you can see, personal injury lawsuits involving premises liability can be complicated and drawn-out affairs. If you have suffered from an injury due to inadequate security, winning a lawsuit may be one of your worries. On top of this, you may be worrying about how you will pay for your medical treatment and your household’s daily needs, even as you are recovering from your injuries.
Lawsuit funding can provide relief from pressing financial worries so that you can concentrate on important matters such as recuperating and getting back on your feet and ensuring that you are compensated for the property manager’s negligence.
The lawsuit cash advance provided by reputable companies such as FastLawsuitMoney.com is a non-recourse loan. A standard financial loan may be hard to acquire since it requires you to prove that you are employed and have a good credit history. You are also legally obligated to pay the money back, even if you lose the case. This is not so with a lawsuit loan, which is only to be paid back when the lawsuit is settled. This means you don’t have to pay it back when the lawsuit fails to settle.
With settlement funding you receive from FastLawsuitMoney.com, you can be in a position of strength to negotiate with the erring property manager for the compensation that is due you because of the injuries you incurred. Although you have been a victim of a crime, this does not mean that you cannot fight back. FastLawsuitMoney.com is here to help.
Posted on July 20, 2012 by Fast Lawsuit Team
Hospitals are seen as places of healing – these are places to go to when seeking treatment for your injury and illness, confident in the knowledge that hospitals are staffed by people who are trained and knowledgeable. However, this is not often the case. In fact, medical malpractice lawsuits have been filed against hospitals due to their employees’ acts.
Indeed, hospitals who hire medical professionals may be liable for injuries incurred by these medical practitioners. However, what constitutes medical malpractice as it relates with hospitals? Here are some instances with regards to whether a hospital may or may not be sued for medical malpractice.
Hospitals and their Employees’ Actions. Hospitals are responsible for the employees they hire – and in turn, they are responsible for the actions of these employees. If a hospital employee acts negligently and as a result causes harm to a patient, the patient can sue not just the negligent employee but also the hospital. It should be shown that the typical employee would have acted differently and would have produced a different outcome for the patient. Employees include nurses, medical technicians and paramedics who are doing tasks related to their job.
Hospitals and their Doctor’s Actions. Usually, doctors are not considered hospital employees. Rather, they are treated as independent contractors. As independent contractors, the hospital does not exercise control over how much the doctor can charge and how long a doctor works and when he takes leaves or vacations. If this is not the case, a doctor is likely to be an employee instead of an independent contractor. If the patient was injured due to the doctor’s actions or while a hospital employee acted under the supervision of the doctor, the patient can sue the doctor but not the hospital. This is so even when the doctor preformed these acts of negligence while he was practicing in the hospital.
“Doctor’s supervision” will depend on the doctor’s presence at the time of the treatment and the level of control the doctor had to prevent the act of negligence to be made by the employee. In this case, the erring hospital employee may be sued, along with the doctor, but the hospital is not liable for damages.
Exceptions. There are times that a hospital can be held liable for the acts of doctors practicing in the hospital, even when these doctors are independent contractors. This is when:
- The doctor appeared to be under the employ of the hospital. Hospitals inform patients at the time they are admitted that the doctors treating them are not employees. However, during emergency situations, where the patient cannot be apprised of this fact, the hospital’s liability may be argued in court. There are a few states that also allow patients to sue hospitals for the actions of their doctors in the emergency room.
- The doctor was maintained by the hospital, even when it was proven that he was incompetent. If the hospital continues to provide staff privileges to a doctor who was proven to be negligent or incompetent, the hospital can be liable. It can be shown that had the hospital withdrawn staff privileges from this “dangerous” or incompetent doctor, the patient would not have suffered personal injury.
Suing the hospital
Filing a medical malpractice lawsuit not just against the erring hospital staff, but also against the hospital itself can be a complicated matter, since laws governing this may vary from state to state. Also, a medical malpractice lawsuit is complicated in itself. It may take a long while before the complainant can receive the settlement aimed towards compensating his losses and injuries.
At this point, it will be helpful to consider getting lawsuit funding to help keep the complainant and his family afloat during this trying time. The funds he can receive from the lawsuit cash advance can be used to help pay for hospital treatments, cover court-related costs and provide for the household’s everyday needs.
FastLawsuitMoney.com is a proven and trusted source of lawsuit settlement loans. With its streamlined applications process, applicants can easily get their funding once their application has been evaluated and approved. FastLawsuitMoney.com’s settlement funding is a non-recourse loan – which means there is no obligation to pay it back when the lawsuit fails to settle.
Posted on February 20, 2012 by Fast Lawsuit Team
You have built your dream house. Or you have rented an apartment that is within your budget. Or, you are doing more than your fair share of hours at the office. You have spent considerable time at these places without knowing that there is a silent killer wreaking havoc on your health – toxic mold. This mold can be found in places that have a tendency to be damp, including wood panels, wallpaper, ceiling tiles, carpeting, insulation, fiberboard and even dust.
Although some forms of mold are not dangerous, black mold or stachybotrys chartarum is linked with toxic mold syndrome. Exposure to toxic mold can have serious health consequences. These include:
- Compromised immune systems
- Itchiness, rashes or open sores
- Itching, burning or watery eyes
- Constant achiness in the joints or fatigue
- Breathing problems, asthma attacks, bronchitis
- Ear or chronic sinus infections and pain
- Hair loss
- Nose bleeds
- Coughs that bring up black debris or blood
- Appetite loss
- Memory problems
- Nervous or neurological disorders
- Sex problems
When mold exposure is serious and at its late stage, it can cause long term memory loss, brain damage, lung injury, blindness, cancer, and even death.
If you have been exposed to toxic mold and suffered serious medical injuries and the presence of the mold was due to another party’s mistake or negligence, you have the right to file a claim for compensation. The same goes for businesses that lose work hours and revenue because they had to stop operations to fix the problem.
You can file for compensation for the following:
- Cost of inspecting and repairing the affected area
- Loss of use of property (i.e. the need to rent out another residence while your home/apartment is being repaired)
- Damage to other property
- Cost of relocation (i.e. hiring the moving truck)
- Depreciation cost of the home or property
- Medical expenses (present and future)
- Cost of therapy and adaptive equipment
- Loss of income or job due to the sickness
- Compensation for pain and suffering
The liability can fall on various parties. This can include contractors, framers, roofers, suppliers of construction material, landlords and previous homeowners.
Victims have already successfully litigated and fought for their compensation. For instance, in February 2009, a family from Virginia was awarded $4.75 million when they sued their contractor for negligence that resulted not just in damage to their home, but also to their health. Two ladies from Delaware had a jury grant them $1.04 million in compensation in a lawsuit against their landlord, where the landlord failed to repair leaks and this resulted in severe breathing problems.
When filing a toxic mold lawsuit, you should remember to do the following:
- Take pictures of the contaminated area
- Take pictures of any household items that are also contaminated
- Keep records of the expenses related to the repair of the house
- Keep records of medical expenses
- Ask your doctor for a medical report of your injuries
While waiting for your lawsuit to settle, you may need some funds to ensure that you and your lawyer are able to build a strong case. These funds can also be used to cover medical expenses and other bills that you incur due to your medical condition. Lawsuit funding can provide such funds at a time you direly need it.
Toxic mold lawsuits can be tricky and may take months or years to come to a desired conclusion. But with lawsuit settlement, you don’t have to worry about not having funds to see the lawsuit through. FastLawsuitMoney.com provides you with the lawsuit cash advance that is not based on whether you have a good credit rating. Rather, the funding is evaluated based on the strength of the case. You don’t also have to worry about paying back the lawsuit loan, as it is non-recourse funding. You only need to pay the funding when your lawsuit settles.