Posted on November 1, 2011 by Fast Lawsuit Team
Being injured in a car accident is no joke, especially if the physical injuries sustained are severe. The road ahead will not just mean piles of medical bills, but also pain and suffering, additional expenses for therapy, loss of income and more. If you are injured as a result of a car accident where the other party is at fault, you are entitled to receive compensation for your expenses, loss, impairment, and in some states, pain and suffering and punitive damages. The payment will be from the other party and his insurance company.
One way to get it is by filing a personal injury lawsuit. Here, your case will be heard and decided upon either by a judge or a jury. The other party’s insurance company may try to offer you a settlement. If you decide to accept the settlement offer, then the lawsuit does not go on and the settlement is what you will get as your compensation.
The decision to accept a settlement should be carefully made. Remember, this is the only compensation you will stand to receive if you don’t proceed to have the lawsuit heard in court. The advantage of accepting a settlement is that you are spared of the emotional and physical pressures of having to appear in court and having your personal injuries (and your personal life) held up in view for all to see. It will also save you the hassle of going to and from the court, as well as the waiting time before the lawsuit is settled.
So, if you do decide to settle out of court and get into negotiations with the other party’s insurance company, it is best to come prepared so that you are able to get the best car accident lawsuit settlement. It is important to note that the insurance company will try to offer you as low a settlement as possible, so you must also be prepared to negotiate.
Here are some things you can do that will help:
- Hire an experienced attorney. The lawyer’s experience in personal injury lawsuits, especially those covering car accidents, will come to play. The lawyer will help you negotiate by showing the insurance company how strong a case you have and what you might stand to receive if the case goes into trial. Your lawyer will also help you understand your legal rights, as well as all the items that you should be compensated for.
- Keep careful records. Don’t be careless with the paperwork! Keep meticulous records of your medical expenses and receipts. You should also document your pain and suffering and the effect of the injuries on you. A journal outlining this will be a great help. Also, keep records of how many days you missed work.
- Calculate the total value of the lawsuit. This includes items such as lost wages (or an eventual job loss) and medical and other related expenses. In some cases, compensation will also cover pain and suffering or impairment. There are also some states which provides for punitive damages. In the case when the injuries result in a victim’s death, the family can file a wrongful death lawsuit and be compensated for the loss of their loved one. When deciding on whether to accept a settlement offer, it is important that you consider all that you are entitled to in order for you to decide whether the offer is fair or not.
- Never sign anything from the other party’s insurance company. It is wise to ask your lawyer’s advice first.
- Avoid the temptation to accept the offer due to financial reasons. Personal injuries will cost you. The mounting hospital and household bills may tempt you into accepting a settlement offer just because you are in urgent need of money now. The insurance company may reason that accepting their offer is your best option so that you “get it over with”. If you are able to hold out, you can negotiate for a higher settlement. You can either avail of a loan or lawsuit funding to provide you with the money you need to negotiate for the best settlement.
How Lawsuit Funding Will Help
Lawsuit funding, also called a lawsuit loan, can provide you with funds to meet your immediate financial needs so that may be less pressure for you to accept a lowball offer from the other party’s insurance company.
The settlement funding you get can be used to pay any hospital debt, household expenses and court-costs related to your lawsuit. The advantage is that you don’t have to meet any credit or employment requirements. What you need to present in order to get a lawsuit settlement advance are the merits of your case. With these funds, you can fight for a fair and just settlement, instead of being tempted to accept whatever the insurance company will offer.
Posted on October 8, 2011 by Fast Lawsuit Team
Back injury claims are one of the most common lawsuit claims involving car accidents. And the back is particularly susceptible to injury during a car accident. By “back”, we refer to the middle and lower spine, as well as the tissues and muscles that surround it. Injuries in this area may range from mild to severe. Back injuries usually result from trauma or from a degenerative process that is triggered by trauma – the trauma in this case would be the collision or car accident.
The back usually bears considerable impact in a collision, even if the passenger or driver is wearing his or her seatbelt. For instance, the body may be thrown to and fro as a result of a collision and this “shaking” may cause damage to the back area. There are also instances where the back is damaged due to a direct impact with a car.
Types of Back Injury Claims Resulting from Car Accidents
The following are the kinds of back injury claims in car accident lawsuits:
- Minor Back Injury. Muscle strain or injury, as well as damage to the spinal disc/s where the pain may last from two to five years. Surgery is usually not needed in this injury.
- Back injury that requires surgery. This moderate kind of back injury usually results from damage to the spinal cord and will require surgery. This may also include a condition where the spine aged prematurely as a result of damage sustained during a car accident.
- Serious or life-threatening back injury. This kind of injury may result in a permanent disability where organ function is impaired – there are problems with regards to the functions of the bladder, the bowel and even the sexual organs. This kind of injury may even lead to permanent paralysis.
Items included in the claim:
- Hospital and doctor’s expenses. This includes expenses for your hospital stay, doctors’ fees, diagnostic and lab fees, payments for x-rays and CT scans.
- Rehabilitation expenses. These involve expenses related to therapy, as well as of adapting your home environment to your injury.
- Other losses resulting from the injury. This includes days of work lost or job lost due to the accident, incidental expenses during a hospital stay (food expenses, transportation expenses, money to pay for housekeeper/child care while primary care giver is in the hospital).
- Compensation for pain and suffering. In some states, compensation for this may be included in the lawsuit filed. There is no set amount for compensation (and sometimes the judge or jury will determine the amount of compensation), although some states post a limit as to how much compensation should be awarded.
The insurance company of the party at fault will look at the evidence you hold and provide you with a settlement offer. Usually, if you don’t have legal representation or don’t know how to negotiate, the other party may try to settle the claim for a much lower amount.
However, it will be helpful to know that the amount of the claim will be based on the following factors:
- Who is at fault and what level of fault is attributed to each party
- The extent of the damage caused by the car crash
- The severity of the back injury and other injuries sustained
- The amount of physical damage suffered and whether these are temporary or permanent
- The number of days of work missed, as well as the kind of job that may be lost because of the injuries
- How the quality of life will be affected by the injury
- What actions you have made after the accident to minimize the injury sustained (Did you immediately go to the doctor? Did you have tests taken? Did you ignore the symptoms of the injury until it resulted in further injury?)
When you suspect a back injury
It is important to seek medical advice and attention immediately after a car accident or collision. You may not readily notice the effects of a back injury (especially if you used painkillers right after the car accident). The doctor will be able to assess any damage incurred during the collision by taking x-rays, or ordering a CAT scan or MRI.
Lawsuit Funding
Back injuries may be a challenge to prove during a car accident lawsuit claim. But there is quite a number of successful back injury claims. However, it is important to note that the legal process of negotiating with the party at fault, filing the lawsuit, presenting the case and awaiting the judgment and settlement may be a long and drawn out process. In the meantime, you may have to spend for your back injury treatments, as well as for other court-related costs. Perhaps, during this time, your back injury may have resulted in your not being able to get back to work. You may not just be losing income but your job as well. During this time, you may be faced with mounting bills and debt, without any income in sight.
This is where lawsuit funding can help. Lawsuit funding will enable you to continue with your back injury lawsuit claim and fight for the compensation that is due you. The proceeds from the settlement funding will help tide you over until you are finally able to get the settlement for the lawsuit. You are able to pay off any debt, spend for your treatment and fund any court-related costs without having to reach deeply into your pockets (or taking off a second mortgage on your home).
Lawsuit funding, which is often referred to as lawsuit loans, helps you stick it out instead of being tempted to accept a lowball settlement offer from the other party just to get your claim over and done with.
For fast and easy lawsuit loans, you can go to a reputable provider, such as FastLawsuitMoney.com. We specialize in providing settlement loans after we are able to evaluate your case. Don’t worry – settlement loans are provided not based on your employment record or your credit history, but on the merits of your case.
Posted on October 5, 2011 by Fast Lawsuit Team
Rear-end collisions. Head on collisions. Car accidents involving pedestrians or bikers. Traffic accidents involving delivery trucks, motorcycles and public utility vehicles. Car accidents come in many kinds. If you are a victim of one and the accident is caused by another party, you are well within your rights to demand compensation for the personal injury and damage to property you have incurred.
When filing a personal injury claim, here are some dos and don’ts for you to remember to make sure that you get the most out of claim and that your personal rights are protected.
Do’s:
- Go to the hospital. You may be held liable for not acting to prevent the injury from taking a turn for the worse. Seeking medical attention will show that you have indeed suffered a bodily injury and have done your part to minimize the damage sustained.
- Get in touch with your insurance company right after the injury or the accident as soon as you are able and you don’t have any serious conditions or injuries that prevent you from doing so. Your insurance company requires notification. It may be the first in line to pay for your injuries, and, after you have made your settlement with the other party’s insurance company, you will have to reimburse your insurance company for the money they spent on the treatments.
- Keep documentation of the accident. This includes police reports, witness statements and medical records. Save the bills and receipts of your medical and injury-related expenses as well.
- Do keep a written record of your contacts with insurance companies, their representatives and other pertinent personnel that may be involved in the claims process. If you make a call to the insurance company, be sure to jot down the essence of the call.
Don’ts:
- Immediately after the car accident, make statements that you’re ok and that you don’t have any injuries. The other party may use this against you. Please note that some injuries (especially back injuries) may not be immediately felt but will be manifest in the next days.
- Don’t admit any kind of liability – just give the facts of the incident. The police and insurance investigators are the ones tasked to determine who is at fault in the accident.
- Give in to the temptation to add to reports and statements. Being less than honest with your legal statements may jeopardize your claim – you may even be held liability for claims insurance fraud for posting false reports.
- Give anything in writing or sign statements provided by the insurance company or its representatives. Be sure to understand what the other party is asking you to sign or get legal representation.
- Allow the statute of limitations to run out on your claim. Each state has a given time limit as to when you can file your claim. Once this statute of limitations has run out, any liability the other party has on you with regards to your personal injury will be forfeited. This means that their insurance company does not have to pay you anything unless you file a claim or lawsuit prior to the expiry of the statute of limitations.
- Assume that the settlement offer provided by the insurance company is the last word or the final amount. Expect the first offer is a lowball offer. The settlement is still subject to negotiations. Also make computations of your own based on your actual losses. This includes past, present and future medical expenses, bills for therapy, adaptive equipment you may need to install in your home and vehicle, as well as loss of income or loss of job. Estimate these losses and other incidental expenses that may arise out of the injury (i.e. the need to hire household help or child care, transportation expenses going to and fro the hospital during the medical treatment).
If you are pressured to accept the first offer the other party presents because you need to pay for your medical and everyday expenses, you should first consider how much your claim is actually worth had you went through a personal injury lawsuit. This will prevent you from jumping at the first offers of the other party.
If you are ready to file a personal injury lawsuit, you should consider getting lawsuit funding. The process of this lawsuit or settlement funding will provide you with ready funds to cover court-related costs, medical treatment and therapy and family’s needs.
Don’t be afraid to ask for a lawsuit loan since this will help you resist the temptation of accepting a settlement offer for an amount that is considerably lower than what your claim is actually worth. The processing of the lawsuit settlement loan will require your attorney’s cooperation. All relevant documents will be reviewed to see your eligibility for a lawsuit loan.
Posted on August 2, 2011 by Fast Lawsuit Team
A car accident happens for so many reasons – recklessness or carelessness, a driver’s inexperience, driving under the influence, fatigue and stress, disregarding traffic conditions, a poorly maintained vehicle, a slippery road, texting while driving, driving under poor weather conditions and much more.
No matter how careful you are with your driving, this is no guarantee that you are safe on the road. Sometimes, you are involved in a car accident lawsuit not through your own doing, but due to the other driver’s fault. If you are lucky enough, you may escape with just a dent on your car or a few scratches. But sometimes, the results may be catastrophic – a serious physical injury or even death. Some physical damages may include injuries to the head, neck, back, spine and limbs or damage to the limbs that may necessitate amputation.
Often, the losses extend to your finances. Your physical injuries may result in your taking time off to be treated and for recovery. You may even have to stop working. It will also mean having to face medical bills, as well as bills for physical therapy, medication or even to equip your home with adaptive equipment. On top of this is the pain and suffer you will have to endure due to your injuries.
If you are a victim of a car accident, you will find that you may be in for a long and bumpy ride ahead. Claiming the right compensation for your physical injuries will take a long time. For one, you may have to press a lawsuit against the other party – and their insurance company. A lawsuit is often a long, drawn-out process.
Your lawyer will need time (and funds) to show that the other party is indeed liable for your injuries. He will need to interview witnesses, get proof of what happened during the accident and pay for necessary court costs.
You may be tempted to settle for an amount prior to filing a lawsuit, but more often than not, the offers are usually smaller than what you should receive given your circumstances. And even if the amount is able to cover your current medical and recovery expenses, it may not be enough to cover future medical bills involved in your full recovery.
During these circumstances, one option you can look into would be lawsuit funding.
How lawsuit funding can help
Settling for a lower offer for your personal injury due to car accident may be tempting, especially if you are running low on funds. You can’t afford to wait for the settlement to come because you need the money to be able to meet your bills and your family’s needs. And this is where an advanced lawsuit settlement funding can help. Lawsuit settlement funding works by providing you with cash you need at a difficult time – that is, before you are able to settle your lawsuit. It is like lawsuit settlement loan, however, you don’t need to show your credit history or your employment records. Rather, the funding is based on how strong your car accident lawsuit is.
This lawsuit settlement advance comes as a lifeline during a trying time. The cash you get from the car accident lawsuit funding can help pay for medical bills, the family’s day-to-day needs, expenses needed to build up your lawsuit and settle other obligations. This is especially true if you can’t get a loan anywhere else.
What happens is that you only need to pay back the money when the lawsuit is won and settled. This is because lawsuit settlement funding is non-recourse funding, meaning, if the case is lost, you don’t need to pay anything back.
Another advantage of lawsuit funding is that it provides you with the capability to negotiate with the other party without being tempted to accept a lower than acceptable offer due to the fact that you are in dire need of money.
Personal injuries from a car accident can seriously disrupt your life. With the help of lawsuit funding, you can pick up the pieces and get on with your life. FastLawsuitMoney.com is one reputable source of lawsuit funding.
FastLawsuitMoney.com has been in the business of providing lawsuit funding to those who need it. And it’s surprisingly easy to get the funding. With FastLawsuitMoney.com’s streamlined applications process, you can get your funding in as quickly as 24 hours as soon as you are considered qualified for the funding.