Posted on May 1, 2013 by Fast Lawsuit Team
In the popular reality show “Here Comes Honey Boo Boo”, viewers were aghast (but weirdly fascinated) when Mama June talked about her “forklift foot”. Apparently, while she was working in a factory, a forklift ran over her foot, injured it and left it deformed. She has been hiding the deformity, even to the point of keeping that foot covered while getting her pedicure.
Forklift injuries are, surprisingly, very common. As Mama June said herself, “I’m sure I ain’t the only person to get run over by a forklift.” In fact, statistics show that more than 11% of all forklifts in the country will be involved in an accident. Forklifts also are involved in more than 80 fatalities annually, as well as around 35,000 serious injuries and some 62,000 non-serious injuries.
Forklifts are very important machines that make moving heavy boxes and pallets around easier. Forklifts, however, are accident prone because the machines themselves are heavy but also need to carry more weight. The forklift driver may also have problems with visibility since the load he carries may also block his view. And because of the weight involved, forklifts are very hard to control and slow down. Aside from the driver’s mistake, conditions present in the workplace or factory may also be contributory. These include a noisy environment, insufficient lighting, lack of safety equipment or traffic control and lack of space by which to maneuver the forklift properly.
As a result, forklift accidents may involve a person getting run over or has the load falling onto him. A forklift may also be overturned and crush someone. There are also cases where the forklift falls off the loading dock or collides with another forklift.
Forklift injuries can be serious, life-threatening or cause permanent disfigurement or disability. Injuries can involve:
- Crush injuries and amputations. Like Mama June’s foot, other body parts (arms, hands, legs, feet and torso) may be crushed by the weight of the forklift or the load it carries. In some scenarios, the victim may have to undergo amputation of a limb.
- Back injuries. Operating the equipment itself can be hazardous to the operator’s health. If the equipment does not have sufficient suspension or if it is operated on an uneven surface, the driver can suffer from injuries to the spine, back and neck.
- Wrongful death. Collisions and dropped loads can be fatal. So could the driver’s inability to escape when the forklift falls off the loading dock and into the water.
Claiming for a Forklift Accident
If you are a victim of a forklift accident, you can see whether the employer has been negligent in providing safe working conditions for you. Companies are responsible for:
- Ensuring that forklift operators are licensed and trained to operate the equipment
- Ensuring that horseplay and reckless driving are strictly and expressly prohibited in the workplace
- Ensuring that the workplace is well-lighted and that there is only a reasonable volume of traffic in the workplace
- Providing warning and traffic signs and sounds (that signify that a forklift is in operation)
- Providing enough space for the forklift to maneuver and that slopes are not too steep
- Putting up guard rails and walkways to protect pedestrians
- Ensuring that the forklift is properly maintained
The company’s failure to provide the above safety mechanisms will render the company liable for your injuries.
But what if the accident was caused by a fellow worker? The employer may still be held liable by virtue of vicarious liability. Even though it was your co-worker’s direct act that caused your injuries, you can still file against the employer because it was their employee who caused the accident. The employer is responsible for the actions of the employees while they are doing their responsibilities.
As a victim of a forklift accident, you can claim for:
- Medical expenses, both present and future
- Therapy and related costs of recovery
- Lost income/lost job
- Loss of use/enjoyment
- Pain and trauma
Going through medical treatment and recovery from forklift injuries can be traumatic and painful. This can be further compounded by the stress of having to wait for the lawsuit to settle for you to get the money you need to pay for medical bills. You can turn to lawsuit funding to help meet your financial needs in the meantime.
A lawsuit settlement advance can be a welcome lifeline during the time when you need money for your hospital bills, your mortgage payments, groceries and other day-to-day needs, as well as the cost of therapy. There may also be some legal costs that you need to cover.
Also called lawsuit loans, this provides quick and easy access to funds without the hassle that usually involves applying for a loan. Unlike a loan, you don’t have to present your credit rating or your employment status. Lawsuit funding is also a non-recourse loan, which means it only has to be paid back once the lawsuit settles. When considering a lawsuit loan, it is highly advisable to go to a reputable company such as FastLawsuitMoney.com.
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 September 23, 2012 by Fast Lawsuit Team
You have suffered from whiplash due to a rear-end collision. Or, your back has been troubling you ever since that slip and fall incident while you were at the mall. Or, you are currently left depressed and traumatized by a botched operation.
These are just some of the reasons why people file a personal injury lawsuit. You have the recourse to file a claim for compensation from the party who was at fault. The compensation will cover not just the financial losses you have incurred because of the accident but also the pain, trauma and suffering you had to endure as a result of your injuries.
When you have filed a personal injury lawsuit, you are putting your physical injuries in question. You will need to prepare yourself mentally and physically for the challenge. You need to prove the extent of the injuries you sustained. On the other hand, the party you are suing would also like to show that your injuries are not as serious as you claim. The other party may call for an independent medical examination so that they can also verify your physical condition.
What is an Independent Medical Examination?
The Independent Medical Examination is presumably an opinion of an objective doctor about the real state of your health. However, it can also be considered as the medical examination that the other party has commissioned. The argument is that the doctor who has been treating you may have some bias as to reporting your physical condition. The defense will call for another doctor to “verify” the state of your health.
There are times when you will be required to go to the IME. The need to go to the IME may vary from state to state. However, there will also be instances where a complainant cannot be forced to go to an IME if this will be too burdensome if he is already suffering from serious injuries. The defense will shoulder the expense for any IMEs that they request; as such, they can also choose which doctor will perform the IME.
The IME will be scheduled and a letter will be sent to you outlining when and where this will be. It will also state the doctor who will perform the IME, including his specialty, as well as the scope of the IME. The letter may also include a request for your medical records and diagnostic test results.
The IME may be stressful to you, especially if you are already in pain and still have not recovered from your injuries. It will be helpful to come prepared to avoid further stress:
- Consult your lawyer. Your lawyer will guide you through the process and may have helpful advice for you. This includes avoiding discussions of things that are not pertinent to the IME, such as how the lawsuit settlement negotiations are going, your opinion of the degree of liability of the other party and so on. In some instances, your lawyer may also accompany you.
- Come prepared. If there is a request for your medical records, be sure to bring them. Also, come early. It will also be helpful to bring a companion who will take notes of the questions the doctor asks and the tests he performs.
- Be honest. Provide the information with regards to your medical condition.
- Don’t expect the report to be in your favor. Even if there are medical examiners that are professional about providing these reports, you need to remember that these are hired by the defense. Thus, don’t be surprised when the report tries to minimize the extent of your injuries. You can contest the results, depending on your lawyer’s advice.
Qualified Independent Medical Examiners
The defense could not just appoint any doctor they wish. There are rules governing the appointment of an examiner. These include:
- The IME doctor must be practicing his profession – where most of his professional time is spent in the treatment of the patients, rather than in giving IMEs and testimonies.
- The IME doctor must be certified, and posses the same level of education (or higher) as the doctor who treats you
- You and your lawyer can also investigate how much the doctor is earning from defense law firms and insurance companies
The doctor will check for the following:
- Your general appearance and the extent of your injuries. This will include how you walk and stand, whether you have difficulty getting on or off the examination table and indications of the existence of the injury.
- Manifestations of injury. The doctor will look at both objective and subjective manifestations of injury. The doctor will look into medical reports and diagnostic test results such as CT scans, x-rays or MRIs. The doctor will look at the level of pain you are suffering and how this limits your movement.
- The cause of your injuries. The doctor will check whether it is indeed the incident that caused the injury and not anything else. For instance, he will look into your lifestyle, whether you use drugs, are a habitual alcohol drinker or smoker, or you indulge in dangerous or hazardous sports. He will also try to see whether your actions (or inaction) exacerbated the injury. Other things that the doctor will look into include: recreational and social activities, prior sports accidents, any pre-existing condition,
- Whether these injuries are legitimate. The medical examiner will also look for indications that you have exaggerated the injury or if there are signs of malingering. The doctor will check how your daily living and recreational activities were affected because of the injuries and any restrictions imposed by doctors.
- The possibility of recovery (whether your injuries can be cured and the patient can make a full recovery and resume normal day-to-day living)
- Your employment prospects (whether you can work again or not). This includes the type of physical work you can do with the restrictions imposed, as well as what skills you already have are transferrable after the injury.
As you can see, the process of filing a personal injury lawsuit and proving it may be a drawn-out and difficult time. This is especially true if you are being financially drained, not just by expenses related to the case, but also with medical expenses. You may also have to leave work during your recovery. This is where lawsuit funding can help.
A lawsuit cash advance can help you provide the funds for your complete recovery, even as you fight for your fair and just compensation in court. Sometimes, the other party will try to negotiate for an out-of-court settlement as well. With the money you receive from the lawsuit loan, you will not be forced towards accepting a low settlement offer just because you are in dire need of cash.
FastLawsuitMoney.com is your provider of choice when it comes to trustworthy settlement funding. Its streamlined application process ensures that you don’t have to go through hoops just to get the funds. Once your application is approved, you can readily get the proceeds of the lawsuit funding in as quickly as 24 hours.
Posted on September 17, 2012 by Fast Lawsuit Team
The cornerstone of a personal injury lawsuit is proving that the other party is liable for the injuries that you have sustained. In short, it is showing the court that the other party’s action (or inaction) was the one that directly caused the injury. As such, this erring party will be ordered by the court to pay you for your financial loss, as well as for the pain and suffering you had to endure.
In your lawsuit, you must prove that the other party has a duty of care to you because of your relationship. These relationships include employer-employee relationships, business entity-customer relationship, manufacturer-purchaser relationship, property owner-guest/invitee relationship, or doctor-patient relationship. For instance, a restaurant owes its customers a duty of care of ensuring that the food served is safe for consumption. A doctor owes his patients a duty of care where his treatments will not cause his patients harm. Manufacturers are expected to provide products that will be benefit (and not injure) the users of their products.
Next, it should be shown that there was a breach of that duty, and that the other party should know or should have known that such a breach of duty was putting you at risk for injury. This is called the principle of foreseeability. This will prove whether there is proximate cause – that the party being sued caused the injury because he should have reasonably foreseen what could happen due to his conduct.
You, as the complainant, should show that the causal chain of events that began with the other party’s breach of duty of care and ended with you being injured is something that is reasonably expected to happen (foreseeable). For instance, it can reasonably be expected that if one ran a red light, he may collide with other cars. It is also reasonably expected that if you leave a wet floor unattended, someone might slip and fall.
Foreseeability and How it Affects Your Personal Injury Lawsuit
The other party’s liability will depend on how foreseeable the injury (and harm) is, as well as the manner of the harm. Based on the foreseeability of the harm, it can be determined whether the other party is indeed negligent.
The Type of Harm was not a foreseeable result of the negligent act. One landmark example would be the Palsgraf vs. Long Island Railroad case. As a train conductor was helping someone aboard, he inadvertently pushed a man who was carrying a package covered in brown paper. This package contained fireworks, which exploded after being dropped. Due to the explosion, some scales dropped. Mr. Palsgraf, who was standing near the scales, was injured. The court ruled that the injury was not a foreseeable result of the conductor’s pushing the man with the package. It could not be reasonably expected that the brown paper bag contained fireworks, and the resulting explosion will displace the scales. In this case, someone who causes harm and injury to another will not be responsible for that harm if the type of harm is not a foreseeable result of his actions.
The way the harm was done was unforeseeable. If in between a person’s act of negligence and the harm, something else happens that results in the harm, this is called a superseding cause. A person is not held liable if the superseding cause is not foreseeable. This includes storms, earthquakes and other acts of God, as well as criminal acts done by other persons. For instance, someone driving a car crashed into a tree, causing its roots to weaken. That tree is later hit by lightning and subsequently falls and injures another person. The driver is no longer liable for the injuries because the tree’s being hit by lightning is something that is not foreseeable.
The degree of harm suffered was unforeseeable. This is where the Eggshell Skull principle comes in. This principle states that when an erring party causes an injury, he is fully responsible for the extent of that injury. The eggshell skull principle is used to illustrate a person walking around with an “eggshell skull” but looks normal and just like any other healthy person. If someone harms him and, because of his vulnerability, he is seriously injured, even though the same incident would be simply brushed off by a person in good health.
Finding Help For Your Personal Injury Lawsuit
As you can see, proving a personal injury lawsuit is a bit complicated. However, if you have a strong case, you need not worry. You just need to wait it out until you can see the settlement through. While you’re waiting for the lawsuit to settle, you can think about getting lawsuit funding to help you with your pressing financial obligations.
The lawsuit cash advance can be used not just to help bolster your case by collecting more evidence that the negligence had foreseeable consequences. It can also be used to fund your day-to-day needs, as well as your hospital bills.
The good thing about lawsuit loans is that it is non-recourse funding. Unlike a loan, you don’t have to present your employment history or your credit rating. What is important is that you have a strong case. Also, you won’t have to pay back the loan if the lawsuit, for some reason, fails to settle. With reputable lawsuit funding providers such as FastLawsuitMoney.com, you can rest assured that you can quickly get access to cash in as quickly as 24 hours after your application is approved.
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 26, 2012 by Fast Lawsuit Team
Vehicles have made transportation easier and more efficient. However, the very nature of its usage (driving at high speeds in the freeway, with other cars doing the same thing and in two directions) means that car manufacturers should make sure that the cars they produce are safe.
But, as Murphy’s Law states, whatever can go wrong, will. There are a lot of mishaps that can be traced to car defects. These defects include:
- Car alignment and balance that result in cars being more prone to turn turtle
- Weakened roofing that results in roof collapse and subsequent injury to the persons inside
- Defective fuel line or gas tank that may result in explosions or gasoline fires
- Seat belt defects
- Door latch defects
- Airbag defects
- Faulty brakes
- Unresponsive steering wheel
- Sudden surge in speed
When a manufacturing defect is discovered in a certain model, year or make, the car manufacturer has the responsibility to notify purchasers of a recall. In some instances, the National Highway Traffic Safety Administration (NHTSA) may also order car manufacturers to do a recall. The NHTSA is in charge of transportation safety in the country. Car recalls provide car owners with the opportunity to get a free fix for discovered defects.
These manufacturing defects may be present in cars manufactured under the same line, or cars with the same model, make or manufacturing process (including the equipment used). For a recall to be instituted, the defects pose a danger not just to the passenger but also to those around them.
Normally, an automobile is recalled when it, or one its part could pose a serious threat to passengers, and those around them. All recalls are not the same. There are some with minor or regulatory compliance issues that can be fixed easily with one trip to the dealer, but there are others that pose a threat to you, and your passengers if they are not fixed. Unfortunately, many safety recalls are due to the manufacturer’s policies of saving money by using cheapest parts possible.
If your vehicle or one of its parts has been recalled, your car manufacturer has a legal obligation to try its best to notify you and to fix the problem for free. Some auto manufacturers may voluntarily pay repair bills the defective product caused before the recall. Sometimes, however, you may need to initiate litigation to be compensated for your financial as well as your physical losses.
Under a safety recall, the car manufacturer needs to:
- Notify the public of the recall. The report must provide the public some key information with regards to the recall. This includes the type of defect covered in the recall, the danger the defect poses, the events that led to the decision to recall, when the recall will begin and end, as well as what options are available for the owners.
- Look for and notify owners of the car belonging to that model, make or year. The car manufacturer should make every effort to find the affected car owners and notify them about the recall. This is done by merging the records of the manufacturer with the state vehicle registration records to get a list of the people who bought the car. If there is no information on some buyers, the manufacturers should also try to obtain the said information from their distributors. Then, the manufacturer should send a notification letter, containing the same information as the one that is stated in the public notice.
The options can include:
- Free repair or replacement of the defective part
- Repurchase of the car
- Car replacement
However, if the car is already ten years old or more at the time of the recall, it is not entitled to the free remedy provided. In other words, any repairs made to fix the defect will be shouldered by the owner. Also, if the car owner had repairs made on the car to fix the defect before the recall went out is not entitled to reimbursement (although one can try to apply for the reimbursement since most car manufacturers may honor the reimbursement request).
Filing a personal injury lawsuit against the car manufacturer
If you are injured due to a defective car, you can file a lawsuit against the manufacturer of the car, especially if there was no recall announced. It is best to contact a lawyer experienced with filing defective car personal injury lawsuits, since these kinds of lawsuits are complicated and very technical.
While you are waiting for the lawsuit to come to a settlement, you may be at a loss as to what you can do to fund your needs, as well as your medical treatments. You can turn towards lawsuit loans to help provide financial relief from the pressing needs of your injury, and the negative impact it as on your family’s finances.
Lawsuit funding can provide a timely lifeline, even as your lawyer negotiates a fair settlement for the suffering and injuries you sustained. The lawsuit cash advance will enable you to give a firm “no” to the car manufacturer’s possible efforts towards lowering the settlement amount, especially if they know that you have an urgent need for cash.
Settlement funding is non-recourse funding. Unlike a loan which requires you to be employed and in good credit standing, settlement funding will be based on the strength of your case and the possibility of a settlement. That means that you are not obligated to pay back the loan when the lawsuit fails to settle. One reputable provider of settlement advance is FastLawsuitMoney.com, which has a streamlined applications process to ensure that you get the money in as quickly as 24 hours after the application is approved.
Posted on July 23, 2012 by Fast Lawsuit Team
Playgrounds are places filled with the laughter of innocent children. It evokes feelings of happiness and freedom. The jungle gym, swing, slides, monkey bars and seesaws are great sources of fun and entertainment for the youngsters.
However, playgrounds can also be dangerous places, with the possibility of serious injury lurking just around the corner. This is especially true if the management failed to provide adequate safety precautions for children using these places.
Of course, with playgrounds, skinned knees and minor wounds do happen. However, worse injuries (and even death) could have been prevented had there been appropriate measures done to ensure the safety of the children playing. With care, the following injuries could have been prevented:
- Broken bones
- Lacerations or deep wounds
- Head or neck injuries
- Internal injuries
- Back injuries
- Eye injuries
- Cuts that result in serious scarring
The federal government has strict standards as to the design and maintenance of playground equipment, to ensure that children are safe during play. Foreseeable accidents are to be prevented, and the equipment and surroundings supervised to prevent accidents arising from the misuse of the equipment.
Suing for Personal Injury
When a child is injured in a playground, his parents can look to:
- the municipal government or another government entity, if it is a public park
- the property manager, if it is a privately owned playground
- schools or daycare center, if the child is injured while playing on the property grounds
When suing a government entity, you need to file the suit within a specified number of days. A written notice about the complaint should also be given to the government entity within that timeframe.
The lawsuit can be based on a number of things the liable entitle should have done, such as:
- Provide appropriate equipment that are safe (i.e. appropriate flooring, where the floors are equipped with safety mats, wood chips or other weather resistant shock absorbent surface)
- Ensure that playground equipment is at a reasonable height
- Regular inspection of the equipment to see whether they are still safe or have been damaged during use
- Provide appropriate supervision or security
- Post warnings about possible risks
- Train staff so that they know how to act in various situations
- Control other patrons from making acts that endanger other people’s safety
The lawsuit can claim for compensation for the child’s medical bills and related hospital expenses, loss of use, loss of earnings, as well as trauma, pain and suffering.
When filing a lawsuit, you should be able to show how the property manager, government entity or business owner is liable. You need to show:
- That the party being sued has the legal duty to provide due care for the safety of the children using the equipment
- That the party is aware of (or should have been) a dangerous or potentially dangerous condition
- That the party failed to act accordingly based on the knowledge of that risk and did not do anything to ensure that the danger is removed or minimized
- That that failure caused the injury
Difference of a lawsuit involving minor claimants
Since the victim of the accident is a minor, it should be noted that there are a number of differences:
- The time limit for filing a lawsuit is counted from the time the child turns 18 (i.e. if the Statute of Limitations is usually set at 2 years, the child has an additional two years after he turns 18 for him to file a lawsuit against the erring party)
- There are state regulations as to how the money from the settlement is to be used
Lawsuit funding is helpful at times like this, when hospital and doctor’s bills are piling up. Also, as the parent, you need to take time off from work to care for your child. Since there are mandates as to how personal injury lawsuit settlements are to be handled, you can first check the possibility of availing of a lawsuit cash advance before you can start applying for one.
Also called settlement loans, lawsuit funding provides much-needed money for a family to be more financially stable at a time when money is urgently needed. Your family can continue with the fight to bring erring organizations to justice for your child’s injuries. It is important to act quickly, so that proper investigations can be made into the matter to help bolster your claims.
Posted on June 23, 2012 by Fast Lawsuit Team
When you are about to do something, it will be more effective if you know what it’s all about. So is the case with a personal injury lawsuit. Before you even file your lawsuit, it will be good for you to educate yourself about what it is all about and what you can expect.
Personal Injury Cases
This arises from a dispute between two parties (the one who suffered harm and the other who is alleged to have been the one to cause the harm). The one who has incurred a bodily injury has the right to seek for compensation – not just for the medical expenses related to it, but also for other losses:
- loss of income
- loss of consortium (use and enjoyment)
- loss of essential services
- pain and suffering
Filing a Personal Injury Lawsuit
A personal injury lawsuit is filed in the state where the accident happened (which state has jurisdiction or authority over the case), not where the complainant is living. However, one can file a case under federal jurisdiction (where the federal court will rule over the case). This is when the two parties don’t reside in the same state and there is a dispute as two which state has jurisdiction. The value of the lawsuit should also involve a big amount (i.e. $75,000).
Most minor lawsuits which involve only a small amount of money are heard through the “small claims” court. By “small claims”, we mean settlement awards worth $2000 to $5,000, maximum.
How These Are Settled
A personal injury case is usually settled through:
- The judgment arising from the lawsuit. This is where the judge or a jury may rule in favor of the complainant and ask that the party being sued pay compensation or damages to the complainant.
- Informal settlement. This is where the dispute is settle out of court, usually before the lawsuit is filed. In an informal settlement, the two parties and their lawyers sit down to negotiate how much the settlement will be. Once the two parties are in agreement, the supposed victim will sign a waiver withdrawing the claim.
Stages of the Lawsuit
When you decide to file a personal injury lawsuit, you should be aware that you don’t go straight to the courts. Rather, there are various stages that your case will go through. Before you file a case, it is best that you consult with a lawyer. The lawyer will study the circumstances that resulted in your being injured and will see whether the incident is “actionable”, that is, whether you have a case. The case is actionable if there was a violation based on state law.
As the person filing a case, you are the plaintiff or the complainant. The person or entity you are suing is called the defendant.
The stages of the lawsuit are:
- Filing of the complaint or Pleading. The complaint will outline the parties involved (the plaintiff and the complainant), as well as the reason why the complaint is being filed (what damages were incurred and that the defendant was the one liable for these damages).
- Issuance of the summons. The process server or any officer of the court will then serve the summons to the defendant, notifying him that a lawsuit has been filed against him.
- Motion or Answer. Once the defendant receives the summons, he is given sufficient time for him to provide his answer. The defendant may:
- admit or deny the allegations in the lawsuit one
- attempt to have some portions of the complaint removed
- attempt to have the lawsuit dismissed entirely
- file a counterclaim, alleging that he was the one who suffered damages in the accident
- claim that he has insufficient information for him to make a response
- Mediation. This is optional. The two parties can go to mediation instead of pursuing the trial. With the help of an independent third party (which can be someone who is knowledgeable of the law), the two parties can attempt to arrive at an agreed settlement. This is non-binding but can save both parties the expense involved in a trial.
- Discovery. This is the time where both parties exchange information with regards to the case. Both parties should be able to see documents that relate to the case. Generally, there should be no surprises at the courtroom. Both parties will share what they have in terms of sworn statements, documents and other written proof. During this time, a number of cases go into settlement since both parties already know the “card” the other party is holding.
- Settlement conferences. Both parties can also, at any time before a decision by a judge or jury is reached, opt to “talk it out”, to come into an agreement. If both parties can agree on a settlement amount, the case will be dropped.
- Trial. This is the time where your side will try to prove liability and that you are entitled to damages while the defendant’s side will try to show that that the he is innocent or at the very least, minimize the amount of damages the defendant has to pay.
- Verdict. Once both parties have presented their evidences, the jury or the judge will give the verdict, including how much damages the defendant should pay you.
- Appeal. If you or the defendant don’t agree with the decision (thinking that there are legal inaccuracies with it), any of you can file an appeal.
As you can see, a personal injury lawsuit can cost you a lot of time and money. It can, indeed, be a drain to your finances, even as you struggle with paying your medical bills and everyday expenses. Lawsuit funding can provide you with the money you need to see the trial through, if it comes to that.
Commonly referred to as lawsuit loans, this kind of funding is not really a loan. Rather, it is non-recourse funding. It is not based on one’s employment status or credit rating but on the strength of the case. The settlement loan is aimed towards helping you with your finances while you are waiting for the lawsuit to settle.
FastLawsuitMoney.com is one of the best lawsuit cash advance providers and will evaluate your case for you. Once your application is approved, you can receive your funds without waiting long. In fact, you can expect to get it in as quickly as 24 hours.
Posted on November 4, 2011 by Fast Lawsuit Team
A humorist once said, “Your brain is perhaps one of the most important parts of your body. It tells all the other body parts what to do. Then again, guess which body part is trying to convince us of that?”
But kidding aside, the brain is a crucial yet delicate part of the body and when damaged, there may be serious consequences. Traumatic brain injuries are usually a result of a:
- Vehicular or a pedestrian accident
- Gun shots
- Direct impact to the skull
- Medical malpractice
Head injuries fall into two types – closed head injury and open head injury. Closed head injuries result from head trauma – that is, something hits the skull and causes the brain to swell. Open head injuries involve a fracture in the skull. Open head injuries are considered “better” than closed head injuries since it provides room for the brain to swell. Closed head injuries (which are sometimes unnoticed and untreated) don’t provide space for the swelling of the brain and generally causes more serious damage.
Based on statistics provided by the Brain Injury Association of America, there are around 50,000 deaths out of 1.4 million cases of brain injuries every year. There are also over 200,000 hospitalizations where brain injuries were treated.
The Symptoms of a Traumatic Brain Injury
Brain injuries are sometimes dubbed as “silent” injuries, because it sometimes does not manifest itself immediately after an accident. But when left untreated, it may lead to debilitating results and sometimes these are irreversible. Some victims of brain injuries suffer from memory loss, personality disorders, mental disability, speech problems and mental retardation.
If you figured in an accident or an event where you hit your head or your head was severely tossed to and fro, it is important that you seek medical attention immediately. Brain injuries may manifest themselves not immediately after the event, but hours or days after. Be mindful of the symptoms.
For mild brain injuries, you may notice a loss of balance, a persistent headache, a ringing of the ears, blurry eyesight, a feeling of being lightheaded or dizzy and even a loss in your ability to focus and concentrate. There may be instances where you have unexplained mood swings or are unable to remember things. Some symptoms of moderate to severe brain trauma include getting into a coma, being paralyzed, a feeling of numbness in some body parts, slurred speech, convulsions and respiratory failure.
The Impact of a Brain Injury
You may be a victim of a brain injury due to someone else’s mistake, negligence or willful and malicious act. If so, you have the right to seek compensation from the erring party for the loss you incurred due to a brain injury.
Some cases include a doctor’s negligence, where the patient did not get enough oxygen to the brain which subsequently resulted in brain damage. There is also a case where a policeman used a stun gun on an intoxicated man. The man had a cardiac arrest and suffered from brain damage. Brain damage may also be sustained after a head-on collision of two vehicles.
And the loss may be considerable. This includes:
- Medical bills and medication
- Loss of income or loss of a job (as a brain injury will considerably restrict a victim’s cognitive capabilities and render him unable to do the work he used to do).
- Everyday expenses
Lawsuit Funding and Your Brain Injury Lawsuit
In some cases, brain injury lawsuits can be complicated because it may be hard to prove the extent of the injury. You will need to hire expert witnesses to show the injury and how it has affected your quality of life. The lawsuit may take you longer to settle than you expected. The question is, how will you survive that long?
Lawsuit settlement funding can help provide you with funds so that you can:
- File your case and not worry about legal fees and court costs
- Have money to pay for hospital bills and therapy
- Have the funds to provide for the family’s needs (money for groceries, to pay the rent or mortgage, etc.)
With the help of what is sometimes called a lawsuit loan, you can have ready funds while you are waiting for the results of your lawsuit. This means that if you lose the case or the case fails to settle, you don’t have any obligation to pay back what you have received.
This lawsuit settlement advance is usually based on the strength of the case, and not one’s credit standing or employment record. With a quality lawsuit funding provider such as FastLawsuitMoney.com, you could quickly get the cash in as quickly as 24 hours once your application has been reviewed and approved.
With the funds, your attorney can even work and negotiate a settlement with the other party. And since you are not pressed for funds, you negotiate from a position of strength. In this way, you and your family are able to fight for just compensation for the brain injuries you suffered.
Posted on August 12, 2011 by Fast Lawsuit Team
Wham! A car crash – unexpected, devastating and something that can change your life. A car accident may result in serious, even fatal, physical injuries. To make things even more difficult, the accident was not even your fault but the other driver’s recklessness, carelessness or mistake. And you then find out that you may have to file a personal injury lawsuit to get the compensation you deserve for all the pain and suffering you have gone through.
Now, how do you prepare for a personal injury lawsuit when you are a victim of a car accident? What are the things you have to keep in mind to make sure that your case is as strong as it can be?
Choose the right lawyer. Getting quality legal advice and service is one thing you should do to ensure that your rights are properly protected and defended. A good lawyer will fight to get you fair and just compensation for your personal injuries. A good lawyer will also work to build your case – he will interview witnesses, get the opinions of experts, or maybe hire an investigator to get the details of the accident. In addition, your lawyer should have the necessary experience in dealing with car accidents and the personal injury lawsuits that arise from these.
Evaluate your case. With the help of your lawyer, you can ask crucial questions before you even dive into the lawsuit. Evaluate the strength of your claim based on the evidence you can get. You should also know the instances with regards to similar claims and how these were settled and how much the settlements were. Knowing these cases can help you while you are negotiating your claim since you can refer to these cases as a benchmark for your claim.
Build your case. Be sure to keep all medical records with regards to your treatment and prospective treatments and therapy. Ideally, you should also make a list of the witnesses of the accident, have photos taken of the site and prepare all the necessary evidence you will present to the court.
Be mentally and physically prepared. A personal injury lawsuit is a stressful affair. You need to be mentally and physically prepared to meet with the pressure and strain with regards to the proceedings of the lawsuit. If you are brought to the stand, the opposing side’s lawyer will scrutinize your statements and will barrage you with questions to show that you may be partially or even equally liable for the accident or that the accident is not the other party’s fault. You may also need to prepare yourself by getting counseling to ensure that you don’t get too emotional while you are in the witness stand.
Know the settlement amount you are gunning for. A settlement offer may sound attractive because the amount sounds big. But you have to evaluate the amount that you are offered vis a vis the financial loss you incurred.
- Medical expenses. You need to calculate not just the amount you have already been billed but also the additional expenses you may incur in the future. This includes physical and occupational therapy. You should also compute for any expenses involved in equipping your house and car with adaptive or medical devices to make it easier to deal with day-to-day activities after your injury.
- Loss of income. You should also consider the loss of income involved – not just during the time you were in the hospital and in recovery but also the potential income you might have earned were you not injured.
- Property damage. Obviously, your car will have also suffered damages due to the accident. You need to include this in your computation. Usually, the amount is based on the car’s fair market value and how much it will cost to repair the car.
- Other damages. This includes compensation for pain and suffering, the loss of enjoyment and the loss of the ability to enjoy family relationships as a result of the personal injury. You should also compute the out-of-pocket expenses you spent (i.e. paying for child care while you are in the hospital, paying for petrol going to and fro the hospital and so on).
Be financially prepared. During the lawsuit or even before filing one, you may be sorely tempted to accept a low-ball settlement offer just because you are in dire need of funds. After the accident, you may be faced with a lot of odds – mounting medical bills, the loss of income (or even the impending loss of your job), financial obligations you need to face with regards to your household and so on. To avoid succumbing to this temptation, it is best for you to have the funds that will see you through until the lawsuit is finally settled.
Car accidents and Lawsuit Funding
One important aspect of your preparation is getting the funding you need so that you are able to negotiate and fight for the best compensation amount. This is where lawsuit funding comes in. Lawsuit funding (or often referred to as a lawsuit settlement loan or a lawsuit settlement advance) provides you with ready cash even before the lawsuit is settled. This allows you to pay bills, ensure that your family is provided for even as you spend to build a strong case.
FastLawsuitMoney.com has been helping people get the funding they need as they wait for their lawsuit to settle. In fact, FastLawsuitMoney.com has worked to make it easier for you to apply for lawsuit settlement funding. The funding is based on the merits of your case and not on whether you have a good credit rating or a good employment record. And once you are considered eligible for the funding, you can get your cash in as little as 24 hours.
A personal injury lawsuit (and pre-settlement lawsuit funding) can help you make the best out of a very challenging situation. A car accident can wreck you and your family’s lives. But that does not mean that you can’t get up and pick the pieces and move forward to a better future.