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 March 10, 2012 by Fast Lawsuit Team
The death of a loved one is a tragic event. It is even more tragic if it was caused by another person’s negligence or willful, malicious act. There is a mixture of unbelief and anger. There is grief, knowing that you can never enjoy the lost loved one’s presence and companionship. There may even be worries about the future, especially if the one who passed away was the family’s breadwinner, or at least, contributed to the household income.
What is Wrongful Death?
A wrongful death usually results from an accident, defective product or medical malpractice. The person or entity that is guilty of the death is called a tortfeasor and is liable to pay monetary damages to the victim’s survivors. Tortfeasors may be a negligent shopkeeper, an employer, the driver involved in the car accident, the maker of a faulty product, a doctor, or someone who committed a crime that resulted in the victim’s death.
Wrongful death lawsuits can be brought against a wide variety of people, such as the driver at fault in an automobile accident, a negligent employer, the manufacturer of a faulty or dangerous product, or a violent criminal.
The elements of a wrongful death suit include:
- The death was caused by an act of negligence or an unjust action of another (either partly or wholly)
- There is liability on the part of the erring party
- The victim is survived by dependents who suffer a financial and emotional as a result of the death. The survivors must show a clear relationship to the victim.
- There is financial loss that resulted from the death (lost income, the value of lost services, lost medical benefits, etc.)
Who can file a wrongful death claim?
It is important to understand that the persons allowed to file a wrongful death claim against a loved one will vary from state to state. Usually, it is only the spouse that can claim. In some states, this can extend further to children, parents and siblings.
Here are some people who may file a wrongful death claim (depending on the state where he will file the claim):
- A parent or appointed guardian of a minor. He may sue for compensation as guardian ad litem. However, most states specify that the child should first be born alive and then died. This means that in some states, there is no wrongful death suit to be filed for the death of a fetus.
- Extended members of the family. This may be allowed depending on the situation (i.e. the case of a child’s death, where parents are no longer living and the grandparents are the ones who are raising the child). On the other hand, the death of the elderly may not warrant a claim against the loss of nurturing, guidance, parental care or financial support since most family members have already been grown up at that time and are self-supporting. However, the family members may claim for loss of future inheritance if the elderly relative is still working at the time of his death.
- Legal dependents (i.e. aged parents/grandparents) who receive support or care from the lost loved one.
Family members cannot file against another family member. There may be criminal charges filed but no wrongful death suits. For example, if a spouse died as a result of being battered by the other spouse, the children cannot claim for damages for wrongful death. Only those who are not related to the defendant may file a claim.
What is included in a wrongful death claim?
Survivors can claim for:
- Medical bills (while the victim was living)
- Funeral expenses
- Loss of future income or wages (this is computed from the time of the victim’s death up to his expected retirement)
- Loss of retirement or pension benefits
- Loss of medical coverage
- Loss of inheritance
- Pain and anguish for the survivors
- Loss of consortium (i.e. the enjoyment of the victim’s companionship, care and protection)
- Monetary value of the victim’s contribution to the household (maintenance work, childcare or housekeeping, cooking or driving the kids around).
- Punitive damages (in some cases)
When deciding about the damages, some considerations are given towards the victim’s person – his lifestyle, character, health condition and earning history.
Lawsuit Funding for Wrongful Death Claims
A wrongful death claim can be a long and drawn-out affair. There will be discussions about future earnings, the victim’s history and personality and other details that will be included in the claim. It may take a while for the lawsuit to finally provide the victim’s family the funds they need. Meanwhile, bills are mounting and the family still has to pay for the mortgage, the daily expenses and the children’s education.
The good news is that a family can turn to lawsuit funding to help tide them over and provide for their needs. A family’s needs can’t wait for the lawsuit to settle. And they certainly don’t need the financial worries on top of the grief they are experiencing. The settlement loan can be used to pay off medical bills, funeral expenses and so on.
FastLawsuitMoney.com provides families and individuals with a lawsuit settlement advance during a trying time of their lives. FastLawsuitMoney.com is committed to provide a streamlined applications process. The funding is also non-recourse, meaning you don’t have to pay it back in the event that the lawsuit fails to settle. The applications also require very little legwork and paperwork on your part. Once the application is reviewed and approved, you can expect to receive your funds within the day.
Posted on February 29, 2012 by Fast Lawsuit Team
In journalism, they say that “Man bites dog” is the news that gets the headline, not “Dog bites man”. However, even if a dog bite does not merit the front page of your local newsletter, it can still be damaging to the victim. The injuries are not only caused by dog bites, but also tripping on the dog or leash and knock downs. Some injuries include abrasions and bruising, broken bones and torn ligaments. More serious attacks can result in catastrophic injury – loss of motor function, deformities and even death.
And dog bites are no joking matter. Losses related to dog attacks have amounted to over $1 billion every year with the CDC estimating some 4.5 million dog bite victims (about 3,000 of these are letter carriers). In 2010 alone, 34 dog attacks resulted in death while close to 800,000 dog bite victims had serious enough injuries that needed some kind of medical treatment. Approximately 400,000 victims were brought to the hospital emergency room for treatment. A considerable percent of dog bite victims are children. In fact, dog bites and dog attacks fall on the top 5 reasons for emergency room visits by children.
Dog Bite Law
Although states have different versions of the dog bite law, the general thought is that the dog owner takes responsibility for the dog’s actions. That means that if someone is bitten or attacked by the dog, the victim can claim full compensation from the dog owner’s premises insurance policy. It is important to note, though, that liability is defined differently from state to state, and even from city to city. Also, aside from the dog owner, some states also hold other people liable – this includes:
- a landlord who allowed a tenant to keep a dog that is considered vicious or dangerous
- a person who is counted as the dog’s custodian
- an employer who allows employees to bring their dogs to the workplace
- businesses that allow their customers to bring dogs into the store
- police officers who are responsible for their canine unit
- animal control officers who allow a dogs (that have been known to be dangerous) to roam freely in the neighborhood
The definitions may be based on some of these principles:
One bite rule. Under this principle, the dog gets one “free bite”. That means that the owner will be held liable if he already knew or should have known the dog’s propensity to bite and attack. That is, there were previous instances where the dog bit a person or acted as if it wanted to bite.
Negligence. Liability is also assigned for acts of negligence. This includes the failure to make reasonable action to prevent the dog from biting or attacking others or making an unreasonable action that caused the attack. Examples would be tying the dog at an area near a public gathering, not tying the dog to a leash or holding too many dogs at the same time.
Statutory liability. Most states impose statutory liability or statutory strict liability. In general, a victim can claim for compensation by just proving that the dog bit or attacked him and that the owner (or custodian) is the person liable.
Once liability is proven, the owner’s premises insurance (homeowners’ insurance or renters’ insurance) will kick in to pay for the damage. The claim will usually cover:
- medical expenses
- living expenses and other related expenses (transport cost, cost of hiring a caregiver, etc.)
- therapy (may be physical or psychological)
- permanent scarring or disability (whether temporary or permanent)
- pain and suffering (in some states)
- cosmetic services and expenses
- compensation for loss of quality of life
- compensation for lost wages, as well as loss of future earning capacity
- punitive damages (Only in some states, and very rarely. It must also be proven that the owner was seriously negligent. Punitive damages are to be paid by the owner, not by his insurance.)
Victims are usually people who have a reasonable right to be in the premises (i.e. the owner of the property invited him in for social or business purposes. This includes workmen that are hired to work on the premises). There are some people who can’t file a lawsuit claiming for dog bites. These include:
- veterinarians and their staff, who are tasked to take care of the dog
- people whose profession is to work with dogs (groomers, people who walk or sit dogs for a living, dog trainers)
- people who are committing a crime against the dog’s owner
- people who provoked the attack (i.e. hurting or teasing the dog)
- the dog was “working” (i.e. helping the police or military)
When you are a victim
If you have been bitten or attacked by a dog, you should:
- Take pictures of the injuries, as well as the dog.
- Get the documentation (List the owner’s name and contact information. Get the list of the witnesses as well.)
- File a report to the animal control authority.
- Get treatment as soon as you can. Not only is this to safeguard your health, it is also important to show that the victim get treatment to prevent further injury or infection.
- Hire a lawyer to help you file your dog bite lawsuit.
Lawsuit funding for dog attack lawsuits
Once you have file your personal injury lawsuit, you may need to wait it out before you can get the settlement. In the meantime, you can look towards lawsuit funding to provide you with the funds to survive for the following days. You can use the funds you get from the lawsuit loan to pay for treatment, as well as get rid of any debts and spend to ensure that you present a strong case in court.
Since the lawsuit is covered by the owner’s insurance company, it is usually easier to get the settlement funding, particularly if you are working with a reputable company such as FastLawsuitMoney.com. Once you are approved as eligible for funding, you can receive your funds in as quickly as 24 hours.
Posted on February 23, 2012 by Fast Lawsuit Team
Driving under the influence. Even though people know the dangers of doing it, and have seen countless ads reminding them about it, it seems that alcohol still has the power to make people do something completely foolish and hazardous.
2010 statistics show that over 30% of fatal accidents involved drunk drivers, with a higher percentage happening starting midnight to 3 a.m. In the same year, the practice of drunk driving has claimed the lives of 459 people. Simply put, it simply is not a good idea to entrust a vehicle to a person impaired by alcohol – it turns the vehicle into a lethal weapon.
The question is, when filing a drunk driving lawsuit, who is considered liable? Well, the obvious answer would be the driver. Even with the influence of alcohol, a driver should know full well that he should ask a designated driver to take the wheels. Having possession a driver’s license is both a privilege and a responsibility and one of a driver’s legal responsibilities is not taking the wheel when under the influence of alcohol.
However, aside from the drunk driver, there are also other parties that can be considered liable. These include:
- Parents of underage drivers (who drove under the influence). The rationale behind this is that parents are ideally the ones who can make sure that their children drive safely. In some states, parents are required to sign the driver’s license application for applicants who are below 18. Also, parents usually are the registered owner of the vehicle and thus present another level of liability. And, if the teen is having behavioral problems, parents are considered liable for the acts of their troubled teens. These troubled teens are those with a history of substance abuse and bad behavior. Some states tend to tack on punitive damages for a parent’s failure to get a misbehaving child some help and strict supervision, particularly with the use of a vehicle.
- Other parents/adults under the social host liability. A parent or another adult who serves alcohol in his home to a minor.
- Bartender or waitress who served alcohol. Restaurant and bar owners, as well as their employees, may also be held liable if the bartender or waiter continued pouring out the drinks for someone who is visibly drunk and allow that someone to drive away.
- Liquor stores, under dram shop liability. Liquor stores may be held liable if they sold alcohol to a person that is already obviously intoxicated.
Being a Victim of Drunk Driving
If you are injured as a result of a drunk driving incident, you can file claims against the erring driver. You can claim compensation for:
- Medical expenses (past, present and future costs of treating the injuries)
- Loss of income or loss of job
- Loss of consortium or wrongful death (for loved ones of a person disabled or killed by the drunk driving incident)
- Disability and disfigurement
- Pain and suffering
- Punitive damages (under some states)
The injuries caused by a drunk driving incident could be catastrophic. It may require you to spend a considerable amount for medical treatment and therapy. By the time you are able to see the settlement of your lawsuit, you may have medical bills piled up. Add to this the fact that your injuries have resulted in the loss of your job. At this difficult time, you will need someone to turn to to give you the cash you need.
Lawsuit funding can help by making it easier for drunk driving victims to have access to cash that they otherwise cannot get through other ways. With settlement funding, families of victims can have the peace of mind that comes from the assurance that they can still pay bills and meet their daily needs, aside from paying the hospital and other medical expenses.
A reputable provider of lawsuit loans would be FastLawsuitMoney.com. We are eager to provide you with quick and easy lawsuit funding to help you go through the drunk diving lawsuit. We understand that you don’t need the added worry of how to pay for the next bill or how to have money for your treatments. You can focus on working with your lawyer to strengthen your case so that you can obtain the compensation you justly deserve.
Posted on January 29, 2012 by Fast Lawsuit Team
Lower wages. Being passed over for promotion. Old-boy practices that leave women out. These are some of the reasons why 6 women filed a landmark sexual discrimination suit against the retail giant Walmart. It eventually snowballed into a class-action suit that sought to get compensation for as many as 1.5 million of Walmart’s female employees. The Supreme Court eventually ruled that the complainants cannot continue as a class action suit. However, women can still file for a sex or employment discrimination claim against the company.
This case is an example of an employment discrimination lawsuit. Aside from sexual discrimination (as given in the above example), there are also other kinds of employment discrimination, including:
- Racial discrimination
- Sexual harassment or discrimination
- Age discrimination
- Discrimination against sexual orientation
- Religious discrimination
- Disability discrimination
- Workplace Harassment
- Pregnancy discrimination
- Whistleblower (Qui Tam)
- Wrongful termination
What is Employment Discrimination?
In the United States, the rights of an employee are protected in order to ensure a safe and fair working environment. Applying discriminatory practices in hiring, firing or laying off, providing of benefits, classification of employees, transfer and promotions on the basis of sexual orientation, gender, age, race, religion, disability or other reasons are prohibited by law. Employers cannot also adversely single out a certain employee or group of employees when it comes to the use of company facilities, training programs, retirement plans and disability leave.
An employee can file an employment discrimination lawsuit against his employer if he has experienced employment discrimination. That is, if he has been given unfair treatment (whether in a single event, a series of events or repeating events) by reasons of their belonging or association with a certain age group, race, and so on.
To file the lawsuit, the employee first has to lodge a charge with the US Equal Employment Opportunity Commission. The EEOC will investigate the charge and decide whether the complaint is actionable or not. Once it deems the complaint actionable, it will issue a “Right to Sue” letter.
Facing the Giants
You can picture an employee filing an employment discrimination lawsuit against his client as David facing Goliath. Employers have more resources and can hire a battery of lawyers to defend themselves against their employees’ claims. A lawsuit can drag on for years.
During this time, the complainants may have already been unemployed. Because of this, they have placed their finances in a precarious situation. As the lawsuit drags on, bills also mount. The complainants will still need money to pay for rent or his mortgage, groceries, other living expenses, as well as related court costs. A complainant may be sorely tempted to settle out of court for an amount that is less than the case is actually worth, just to ease the financial pressure he is facing.
This is where lawsuit funding can help. A lawsuit cash advance comes at a time when a complainant is in financial distress. He is also under emotional strain due to the lawsuit. He is especially vulnerable to pressures from the other party to simply cave in, have it over and done with in order for him to get the cash he needs. More often than not, the settlement offered would be much lower than what the complainant stands to receive had the lawsuit succeeded.
With lawsuit funding comes financial strength to resist such temptations. This funding is about leveraging what one stands to receive as a settlement from the case. This means that there is no urgency towards settling the case for only a minimal amount. Also referred to as a lawsuit loan, this funding is not actually a loan since it is based solely on the strength of the case and you don’t have to pay the money back in the event that you don’t win your lawsuit.
FastLawsuitMoney.com has been helping people fight for the fair and just settlement they deserve. With FastLawsuitMoney.com’s quick and easy application process, you can get your cash within 24 hours once you are approved.
Posted on September 29, 2011 by Fast Lawsuit Team
Are you a victim of someone else’s mistake or negligence? The party at fault is liable for any personal injuries you have sustained. This means that if a driver caused a car collision with you, he or she has to pay for damages and personal injury that resulted from that accident. It is important to know that fair and just compensation for your injuries may be very considerable.
You can expect that in many cases (particularly in medical malpractice or car accident claims), you will have to deal with the insurance company of the party at fault. You may need to do some negotiating for you to get payment that is commensurate with the losses you suffered from the injury. This is especially if you don’t want to have to go to court to make your compensation. Doing so will put the compensation amount in the hands of the judge and the jury and may take a lot of waiting and expenses on your part.
Here are some tips to help you with your negotiations for the insurance settlement:
- Gather and keep documentation. Keep your evidence on hand for you to present to the insurance company. This will show the insurance company what can happen if you do decide to file a personal injury lawsuit in court. The insurance company will usually try to assess your chances of winning the case and just how much you stand to receive as a settlement. The more evidence you hold, the more chances of your winning. Evidence includes pictures of the scene of the accident, police reports and witness statements, as well as medical records from the doctor who treated you for the injury. The evidence should also be able to point out the degree of liability the erring party had on the accident.
- Know and list down the losses involved in the personal injury. This does not just entail the medical expenses you have already incurred for the treatment of the injury. This also includes: loss of income (and/or subsequent loss of your job), expenses for rehabilitation, incidental expenses (i.e. cost of childcare while the spouse takes care of you, transportation expenses to and from the hospital, etc.). It is best to keep a record of receipts and bills.
- Keep track of pain and distress you suffered. Pain and suffering is also compensated (for some states). Thus, you should list down the emotional trauma and physical pain you underwent. A journal outlining these may be helpful.
- Be aware of the statute of limitations. All states have set a period by which you can make your claim or file a personal injury lawsuit. The insurance company knows this. Please note that the statute of limitations may be from one to two years. The insurance company may try to drag their heels in giving you a fair settlement offer before time runs out.
- Get legal advice/representation. The insurance company may try to get you to sign a release. They may do this during times when you are especially vulnerable (i.e. when you are laid up in the hospital). It is best that you get legal representation to help ensure that your rights to fair compensation are properly protected. When the lawyer has all the necessary documents, he will send a demand letter to the insurance company, outlining your injuries and how much compensation you are willing to accept. (Of course, this amount will still be subject to negotiations with the insurance company.) Letting the insurance company know that you have legal representation shows that you are serious in fighting for your rights.
- Be ready to file a lawsuit. When negotiations for the settlement don’t come through, be ready to file a lawsuit. Negotiations for the settlement may still continue even after the lawsuit has been filed. What is important is that you don’t miss the statute of limitations on your personal injury claim.
When a settlement offer is tempting
Please remember that once you sign a settlement with the insurance company, you can no longer go back to them to ask for an additional amount. Thus, you need to foresee future expenses, especially with regards to your therapy and recovery. You should work to get enough compensation not just for expenses already incurred but also for expenses you need to meet in the future.
Sometimes, a settlement offer may be tempting simply due to the fact that you want to get everything over and done with. The insurance company may entice you to take the money so that you have funds to spend at this difficult time. However, if you see that the offer is lower that what you should be fairly compensated for and you are willing to file that lawsuit, there is help yet.
Lawsuit funding is a way for you to get ready cash at a time you need it most. Also sometimes referred to as a lawsuit loan, you can use the money from this to cover court-related costs, medical expenses and your family’s day-to-day needs.
One excellent provider of lawsuit or settlement funding is FastLawsuitMoney.com. We specialize in providing quick and easy access to cash, not based on your credit history or your employment standing but on the merits of the case. You also don’t have to deal with loads of paperwork and legwork. Once your case is approved, you can get the settlement loan in as quickly as 24 hours.
Posted on April 13, 2011 by Fast Lawsuit Team
In spite of a heightened consciousness and more concerted effort on the part of the employer to prevent such cases, sexual harassment still happens. There are laws being enacted in states that aim to protect against sexual harassment, with stringent punishments to those who are found guilty.
And brave victims have come forward to fight for their rights and cease to become victims. Rather, they have filed lawsuits to make sure that justice is served and the guilty party punished for his crimes.
Here are some examples:
- Gretna, Louisiana. A woman received a $100,000 settlement from a sexual harassment lawsuit where she was dismissed due to her refusal to have sexual relations with the boss.
- Jersey City, New Jersey. Another complainant has received a settlement of $300,000 from a sexual harassment lawsuit involving allegations of sexual harassment done by multiple employees, including a director and assistant CEO.
- Washington, D.C. President Clinton went under fire due to sexual harassment allegations by Paul Jones, who claimed that Clinton asked for sexual favors and also exposed himself. The case (which did not even get filed as a formal lawsuit) was settled for $850,000. This was the start of President Clinton’s troubles, which eventually ended with his impeachment.
These (and many more) have decided to stand up and fight against their abusers. They have shown that people don’t have to choose between the prospect of losing their job or accepting sexual abuse. As a result, the companies they fought against had to make sure that their employees undergo training regarding sexual harassment and unlawful retaliation.
Sexual Harassment Defined
Sexual harassment may fall into two main categories: quid pro quo sexual harassment or hostile environment sexual harassment.
The first would cover:
- requests for sexual favors
- unwelcome sexual advances
- continued physical or verbal conduct that is sexual in nature
Where the rejection or submission of these will (whether implicitly or explicitly) affect an individual’s employment. In short, the abuser promises the victim with advancement or threatens the loss of a job if the victim refuses his advances.
Hostile environment sexual harassment may involve building a working environment that is made unbearable due to
- a colleague or a boss’ unwanted and unwelcome sexual advances
- inappropriate touching
- abusive behavior – either demonstrated verbally or sexually
- language that is offensive (sexual comments and innuendos, lewd jokes)
- Sexual assault or battery
- Hostile work environment
Please note that definitions of sexual harassment may vary from state to state.
And complainants are not just women – there are also men that have come out to file sexual harassment complaints against colleagues and bosses. The victim does not need to be someone of the opposite sex. Also, one can complain of sexual harassment even if that person is not directly the one being harassed but is someone that is affected by the sexual or offensive behavior.
Sexual harassment is a matter that should not be taken lightly. It not only affects the person’s work performance and eventually causes an individual to lose his or her job, but it can result in scarring that can prevent one from keeping another job. The psychological damage that it can do can be quite serious and destructive. A victim can suffer from stress, depression, nightmares or sleeplessness, stomach problems, loss of motivation, loss of self-esteem, increased blood pressure and sexual problems. A victim can also have feelings of betrayal, powerlessness, violation or anger. Other effects may be divorce or even suicide.
What happens in a sexual harassment lawsuit?
If you feel that you are in a situation that can be constituted as sexual harassment, you should immediately consult an attorney to provide you with the advice that will best protect your rights and interests.
The process will involve:
- Filing the complaint before a government agency (such as the Equal Employment Opportunity Commission)
- Filing a lawsuit in court (upon the failure of the government agency to satisfactorily resolve the complaint)
- Serving of the complaint to other party and response from the other party (The other party may respond by filing a motion to throw the complaint out or a response denying or admitting the allegations. The other party may also answer with a counterclaim against the complainant.)
- Discovery, where both parties can get information and proof needed to build the case. This may involve depositions and interrogatories.
As you can see, with all the flurry of motions, counter-motions, responses, depositions and other legal maneuvers, sexual harassment lawsuits can take years and can be financially draining. It may be tempting for a complainant to settle with the other party just to get it over with, even when the complainant knows that the settlement is far less than the actual worth of the lawsuit.
In the meantime, other bills may be mounting, the complainant may have lost his or her job and find it hard to find another one and may be facing financial problems related to the case.
How Lawsuit Funding can Help Your Case
Lawsuit funding is a non-recourse settlement funding that is given based on the merits of your case. The funding can help ensure that the complainant has the funds to continue with the lawsuit and work to get justice for the crime committed. A complainant may not have to settle for a smaller amount because he or she has the means to pay off bills, continue to spend for legal expenses and basically, be financially stable while the verdict has not come in.
Although lawsuit funding is often referred to as lawsuit settlement advance or lawsuit loans, this is actually far from being a loan. Whereas a loan is based on one’s financial and employment status, lawsuit settlement funding is based on the strength of the lawsuit. Also, a loan is something one has to repay while you only have to pay the lawsuit funding company if you win the case or if a settlement is made. If, by any chance, the case is not settled or it is lost, there is no obligation on your part to pay back the money you have received.
When you make an application for lawsuit funding, your case will be reviewed. With FastLawsuitMoney.com, you can actually get money in a jiffy. Once your application is approved, you can receive your cash without the need for a lot of documentation. Let us help you as you continue to stand up against abuse.
Posted on March 17, 2011 by Fast Lawsuit Team
“Wrongful Death” is defined as “The taking of the life of an individual resulting from the willful or negligent act of another person or persons.” When a family member dies due to the wrongful acts of others, one way that the bereaved family can seek for justice is to file a wrongful death lawsuit case.
Here are some recent examples:
A driver involved in a fatal crash was sued after she killed another driver as she was updating her Facebook account while driving. The lawsuit showed that Aracelia Beas posted a Facebook status update at just about the same time that the victim (Raymond Veloz) dialed 911. Veloz was standing beside his car and was struck by Beas, whose attention was not on the road and driving but on her cell phone (as alleged by the lawsuit). The victim’s leg was cut off and as a result, he bled to death. The lawyer for the victim’s family acknowledged that there is a need to check whether both the victim’s and the accused’s phones were in sync in terms of the timing mechanism.
Another example would be a wrongful death lawsuit filed against a construction company building the Advocate Condell Medical Center, where a construction accident resulted in the death of Rajmond Zalewa. He suffered severely when about 1,400 pounds of drywall sheets fell and crushed him. He stayed under these heavy sheets for as much as five hours before his body was discovered. At that time, he had already succumbed to the heavy weight and died. The victim’s family sued 3 companies with one count of wrongful death, two counts of negligence and one count of premises liability. In all, the lawsuit totaled $600,000.
A death of the family is particularly painful. It even becomes more painful for the surviving loved ones when the victim is the family’s bread winner. The family is now faced with burial expenses, hospital bills, continuing household expenses simultaneously with the fact that it has now lost its main source of income.
Wrongful deaths may be caused by construction accidents (as in our second example), as well as defective products, drunk drivers, medical malpractice, poorly built structures and other deaths due to another person’s willful and malicious act or negligence.
The compensation for wrongful death usually covers:
- Death expenses (hospital bills for the treatment, funeral and burial expenses)
- Punitive damages
- The total amount of earning the victims could have earned had he lived and continued to work throughout his lifetime
- Pain and suffering, including the loss of companionship
Wrongful deaths usually involve a large amount of money, since death cannot be undone and it is hard to put a price tag on a life and the suffering the family has to endure.
Delays and Lawsuit Funding
Since this kind of lawsuit involves big money, you can expect that one strategy the erring party (and his lawyer, his insurance company and their lawyers) will be to delay the payment. Or else, the erring party can try to convince the victim’s family to settle for a smaller amount rather than to push through with the lawsuit.
And it is really hard for the family to resist the temptation of an early settlement, particularly if they are short on cash and are inundated with bills and financial problems. The delay can very well ruin the family. Where will they find the money for food, rental or mortgage payments as well as other expenses? How are they going to pay the funeral expenses?
Lawsuit funding may be the solution to help the bereaved family stave off an early settlement, often an amount that is just a fraction of the total value of the lawsuit. After all, the company or entity they are going against may have deeper pockets and would rather keep their money there than pay it out immediately to the victim’s family.
If you have filed a wrongful death lawsuit and are considering settlement funding, here are some expenses you should take into account:
- Your current household expenses, including living expenses and mortgage or rental costs
- Medical expenses for the treatment of the victim’s injuries
- Loss of future wages
- Therapy or counseling for the family
- Out of pocket expenses
Often called a lawsuit loan or lawsuit cash advance, this kind of funding will provide money that the family can use at their discretion. With it, they can pay their bills, help pay for the costs involved in building the lawsuit and cover some of the related debts. With pre-settlement lawsuit funding, the family can push harder to achieve justice for their loved one. Take note, lawsuit funding is not a loan. It provides money based on the merits of the case and not on the applicant’s credit standing. The money is given as non-recourse funding, which means that if the lawsuit is not successful, there is no need for you to repay the money.
FastLawsuitMoney.com is committed to help such families by providing a simplified evaluation process so that eligible applicants can receive lawsuit funding in as little as 24 hours. Let us be your partners in seeing your wrongful death lawsuit through until it is successfully settled.
Posted on March 13, 2011 by Fast Lawsuit Team
Road safety can never be taken too lightly. After all, when you’re on the road, you’re putting lives on the line – your life, the life of the people riding the vehicle with you, as well as other motorists and pedestrians. Safe and proactive driving may even spare you and your loved ones from injury or worse, death and heartache.
We all could use some reminders about how we could make sure that we are driving safely, especially when we have our children and loved ones in the car with us. Here are some simple tips for keeping safe on the road:
- Maintain your car regularly. Have a checklist and schedule regular maintenance visits to your mechanic. Be sure to add this to your calendar so that you won’t forget. Malfunctioning cars (including faulty brakes, busted taillights or poor suspension) form one of the top reasons for road accidents. While driving, be mindful of anything that may be wrong with your car. Don’t ignore these indicators. Make it a habit to walk around the car to check the wheels, the lights, windshields and wipers.
- Keep your eyes on the road. There are a lot of things that may distract you and divert your attention from the road. However, the few seconds that you take your eyes off the road to look for a map or to turn back to ask your arguing children to be quiet may very well cost you. While driving, look not just straight ahead, but also to the left and right, particularly when you are approaching an intersection. Check your rear-view mirror and side mirrors from time to time. This level of alertness gives you time to react if another driver is not driving safely.
- Be strapped in. Before you drive, make sure that all riders are wearing their seatbelts or are securely strapped in their car seats. Even if you get involved with a fender bender, seat belts and car seats provide an extra level of protection.
- Keep to the speed limit. This is particularly true for areas with high pedestrian traffic. You never know when people could dart out right in front of your car when you least expect it. You may be tempted to speed it up to save time – but really, the time you may have saved is more likely minimal and is not worth the risk of getting into an accident.
- Follow road rules. This tip cannot be overemphasized and as a driver, you are expected to know road rules and follow street signs. The basics? No tailgating, don’t drink and drive, don’t text and drive, don’t run the yellow light and always wear your seat belt. You can always take a refresher course to remind you if you feel you have forgotten some of the rules.
- When in doubt, yield. If you’re not sure who has the right of way, it’s a better option to yield to the other driver. This may cost you a little more patience but this is better than getting into an accident because two drivers chose to have a go at the same time.
- Drive extra carefully in bad weather conditions. Road conditions in bad weather are a challenge and you may find it harder to control your car when you decide to speed it up. Be sure to allow extra space between you and the car before you. Be watchful of the car in front of you – especially their brake lights. If the car begins skidding, then you already have an indication that a particular spot ahead of you is slippery.
- Be sure you are in the right condition to drive. If you are sleepy, find a place to get a nap instead of plodding through the roads with your eyes half closed. If you have taken one too many drinks, take a cab or find another driver.
- Avoid blind spots. Overtaking to the right may put you in the other driver’s blind spot.
One thing you must remember is that not all drivers on the road are as conscientious as you. No matter how carefully you drive, there are others who don’t exercise the same caution. Never trust the other driver on the road – drive defensively
However, driving defensively does not mean you are entirely free from accidents. Another person’s carelessness can cause you to be involved in a car crash and this may result in injuries on your part. The good news (if you can call it that) is that the other car presumably has insurance to cover for your personal injuries.
The bad news is that insurance companies have been known to drag their heels when it comes to paying the claims. Also, the damages may be so severe that the insurance cover is not enough to provide for the compensation you deserve. You may need to look into the erring driver who has the responsibility to pay for the rest of the compensation that will not be covered by the insurance company. The insurance company may also try to settle with you out of court, but you should consult with your lawyer since these are usually a lot less than the actual compensation you should receive.
You may have to file a lawsuit case just to receive your compensation. While you are waiting for the settlement, you should consider taking on personal injury lawsuit funding to help tide you over with your court costs and medical expenses, as well as your regular household expenses.
We at FastLawsuitMoney.com can help you by providing you with pre-settlement lawsuit funding to ensure that you have enough funds. It’s fairly simple pre-settlement funding or as people also call it, pre-settlement advance. You don’t need to present a lot of documents – we just need to talk to your lawyer to get the details of your case. Please note that this is not a lawsuit settlement loan (although some think of it this way). Unlike a loan, you are eligible based on the merits of your case and not on your ability to pay the funds back. In fact, in the event that the lawsuit is not settled, you don’t need to pay back the money.
We have lawsuit settlement funding available for automobile accidents, truck accidents, accidents involving motorcycles or trucks and a number of other personal injury cases. Feel free to contact us and a lawsuit funding specialist will be glad to help you get started.
Posted on February 11, 2011 by admin
As an employee, you should know your rights, particularly regarding workplace-related injuries. You have benefits that have been established by the government to ensure that you, as a laborer, can have the proper compensation when you are injured while on the job. Your employer is required to provide you with worker’s compensation insurance. A portion of the premiums is taken out from your wages, with the rest of the premium paid for by the employer. There are also commercial insurance products that can supplement the coverage provided by worker’s compensation insurance.
What is Worker’s Compensation?
This will compensate you for your injuries (or, in the worst case scenario, your death) while on the job. This is particularly when the accident that caused the injury is due to the employer’s neglect and is not your fault.
Worker’s compensation will cover for medical expenses, disability pay and vocational rehabilitation. Medical expenses will cover your hospital bills, medications and doctor’s fees. Disability pay will cover for a portion of your monthly income while you are unable to work. Meanwhile, vocational rehabilitation is provided to help you pay for your complete recovery by availing of rehabilitation and physical therapy sessions. This may be used to help you re-train for a different occupation (if you are unable to get back to your previous job).
Worker’s Compensation Lawsuits
The fact is, not all employers are willing to provide this compensation. Some will actually try to pay for just the minimum required payment. To protect your interests, you can file for a worker’s compensation lawsuit to get the proper compensation for your injuries. The court will be the one to determine the damages the employer needs to pay you, if there is no acceptable settlement offer from the employer.
How the Worker’s Compensation Settlement Process Works
These are what you can expect during a worker’s compensation settlement process:
1. The injury and succeeding investigation/information gathering. When you are injured in the workplace, you can get a lawyer to help you with your worker compensation lawsuit case. The lawyer will help you build a case and file it in court. The lawyer will put together the necessary paperwork, such as medical reports, documents from the Industrial Commission or State Department of Workers Claims. The lawyer will help compute the amount you will need to properly compensate for your injury.
2. Treatment, release and recovery. Your injury will be treated until the doctor deems that you have achieved maximum Medical Improvement. This means that you will not get any better than you already are with treatments at the hospital. At this point, the hospital and the doctor will release you and allow you to continue with your recovery using rehabilitation treatments. The doctor will also provide you with documents related to your Impairment Rating. This will specify just the extent of your injuries and how it will affect your occupation and your daily activities.
3. Negotiations with the employer’s insurance company. Your lawyer will talk to representatives from the insurance company in a bid to get a fair settlement, based on the Worker’s Compensation Law guidelines applicable in your state. If the settlement offer is a fair amount, the lawyer can advise you to accept the offer.
4. Filing of the lawsuit. If no settlement is agreed upon, then the lawyer can help you file a formal complaint or claim with the State Department of Workers Claims and a judgment will be provided.
This process can be long and drawn out. While waiting, it is best to ensure your financial stability by applying for a lawsuit funding. Take note, this is not a loan. Unlike a loan which requires a look into your credit rating and employment records, lawsuit funding is money given to help tide you over while you are waiting for your case to be settled. Once the settlement money comes in, you will pay an agreed-upon amount to the lawsuit funding company.
One such reputable company is FastLawsuitMoney.com, which has a simplified process to help you get the funds you need as quickly as 24 hours. We will work with your lawyer to determine your eligibility and once you are approved, you can get your pre-settlement funding as a lump sum or in monthly payments. We specialize in a long line of personal injury and worker’s compensation lawsuits, including construction accidents and other workplace accidents.