Posted on April 6, 2012 by Fast Lawsuit Team
Faulty electrical wiring may simply give you an unpleasant jolt. Or it can be career-ending. Worse, an electric shock can be fatal.
Take the case of a commercial airline pilot who suffered from electrocution while taking a shower in his hotel bathroom. He had recently passed a physical examination that vouched for his good health and eligibility to fly a plane. It was shown that the light fixture in the shower was defective and caused the electric shock, which affected his eligibility for his job. The pilot has the right to sue for compensation – for the pain and injury, as well as for the loss of his job.
Electric shock and burns
Electric shock and burns are caused by electricity passing through the body. The severity of the physical damage depends on the area of contact, the strength of the electric current and the length the person was exposed to the electric current. When the current that passes the body is perpendicular, passing from hand to hand, there is fewer electrical current that passes through the body. When the current passing through the body is parallel, passing from head to toe, there is more damage as more vital areas in the body are affected. If the person is wet (due to a shower or sweat), this could also have a negative impact on the severity of the injury.
Physical effects of an electric shock could include:
- Contact burns
- Deep burns in internal tissues
- Muscle injuries since the electric shocks force violent contractions of the muscles.
- Bone injuries (dislocations or fractures) – the violent contractions can also break or dislocated bones.
- Internal organ damage (kidney failure)
- Brain damage
- Cataract formation
- Death due to cardiac arrest
There are also secondary effects to the electric shock. If the person fell or was thrown backwards during the shock, he can also sustain additional injuries.
Causes of Electric Shock
Electric shock can be caused by:
Work accidents. Workers, particularly in the construction industry, have a higher than normal risk of electric shock, especially if safety procedures are ignored or violated. Construction sites may have open lines. Those working on roads may touch underground cables.
Defective products. Users of defective products may experience electric shock caused by faulty design or by faulty manufacturing.
Maintenance problems. Customers may be victimized in public facilities such as amusement parks, hotels, hospitals and so on if some of the equipment is poorly maintained.
Contractor mistake. Errors in the construction of the house and set up of electrical lines may result in electric shock injuries.
Other causes of electric shock include water penetration, sockets with too many electric appliances plugged in and faulty wiring.
Filing a Personal Injury Claim for the Electric Shock
For you to have a case against the erring party, you must show that the other party has a duty of care to you – you are a customer, an invited guest, an employee. The other party must have the responsibility of ensuring that the product or premises is safe from electric shocks. It must be shown that if they had not been negligent, the shock and subsequent injuries could have been prevented.
If you are a victim of electric shock, you must make sure to seek medical treatment for your injuries so that it can be shown that you have done your part to minimize the amount of damage you sustained.
When you file an electric shock lawsuit, you should include the following:
- Medical expenses related to the electric shock (both present and future)
- Loss of income
- Pain and suffering
- Cost of adaptive equipment and therapy
While you are waiting for your lawsuit to settle, you should consider applying for a lawsuit cash advance. This will help fund your medical treatment to ensure that there is no further physical damage. The cash you get from lawsuit funding can be also used to pay for your day-to-day expenses, as well as to cover for court-related costs.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement loans for people who are awaiting the settlement of their lawsuit and are in dire need of funding. With FastLawsuitMoney.com’s streamlined applications process, you don’t need to provide records of your employment or credit rating. You can also get your funds quickly, once your application is approved.
Posted on March 25, 2012 by Fast Lawsuit Team
The day after Thanksgiving (Black Saturday) is a much awaited time because of the crazy discounts. People line up hours before a store opening, excited to get the first dibs on the fabulous finds. Indeed, Black Saturday sales are about frenzied shopping. And sometimes this can go out of hand.
In 2008, a crowd of shoppers waiting outside Wal-Mart’s Long Island store got out of control and stampeded into the shop. Unfortunately, Jdimytai Damour, a guard who was tasked to provide security for the sale, died of asphyxiation. He was assigned to man the doors when around 2,000 shoppers rushed to the store and broke through the doors, trampling him in the process. Four other people were also injured. This is the first fatal trampling incident involving Wal-Mart. Surprisingly, the retail giant was fined only $7,000 for the incident.
The Wrongful Death Lawsuit
Damour’s family has filed a wrongful death lawsuit against Wal-Mart, as well as the shopping center it was situated in. The lawsuit claims that Wal-Mart was liable due to the following reasons:
- The Black Friday sale was heavily advertised. This promoted heavy discounts on limited inventory (such as digital cameras and flat screen TVs) which resulted in frenzy and mayhem on the part of the shoppers.
- There were not enough measures with regards to security to protect against overcrowding and stampeding in view of the size of the event and the expected crowd. There were no barricades to prevent shoppers from rushing towards the store. There was also no numbered ticketing system to make it more organized.
- There was a failure to put into action a crowd-management plan.
- Damour, who was a temporary worker, was not given training for this particular assignment, but was assigned to the front door because of his size (6’5” in height and 270 pounds).
The lawsuit alleges that because of Wal-Mart’s negligence, it resulted in dangerous working conditions for its employees. The challenge is to be able to show Wal-Mart’s liability in this case. With big businesses having a lot of resources and can afford to hire a team of lawyers to protect their interests. A lawsuit such as this may drag on for a long time. Meanwhile, a family may get more and more hard put to make ends meet.
The families of the victims can sue for:
- Loss of future income
- Loss of inheritance
- Loss of consortium
- Medical bills
- Funeral and burial costs
- Loss of benefits, including medical coverage, pension or retirement benefits
Families of victims have the right towards compensation for the loss of their loved one. However, it is also good to be able to negotiate and fight for fair and just compensation from a position of strength. This is where lawsuit funding can come in. Lawsuit settlement funding can provide funds to help hire experts, get depositions for the testimony of witnesses and cover court-related costs. It can also help provide for the family’s needs.
FastLawsuitMoney.com can give families of wrongful death victims a lawsuit cash advance so that they don’t have to settle for a lesser compensation amount. FastLawsuitMoney.com offers non-recourse funding. This means that the family does not have to pay the money back when the lawsuit does not settled. FastLawsuitMoney.com also provides a quick and easy applications process so that families don’t have to wait long for them to get the funds they need.
Posted on March 22, 2012 by Fast Lawsuit Team
A car accident, a defective product or a slip and fall and other injuries produces two kinds of victims. A personal injury does not just affect the victim himself but also the people around him – his spouse and children in particular. After all, the injured person is not the only one undergoing stress and trauma, as well as a particular kind of loss.
When one is severely injured, or worse, dies, as a result of an accident or catastrophic event, things will never be the same. When a car accident renders a man disabled, his son can no longer enjoy shooting hoops with him or going on camping trips with him. When a doctor’s mistake results in some brain damage, the victim’s wife can no longer enjoy quiet nights talking with her husband or having his help with the discipline of the children. When the accident results in death, this may mean that a daughter will never experience the joy of walking down the aisle with him during her wedding.
This particular loss, in personal injury law, is called loss of consortium. This is awarded to a victim or a victim’s loved ones who are deprived of the benefits and enjoyment of a familial relationship as a result of the victim’s serious injury and subsequent disability or death. In some states, it is simply defined as the loss of the ability to enjoy a “normal relationship” with a spouse or loved one.
Instances when Loss of Consortium is Awarded
A victim or his loved one is entitled to loss of consortium damages, as far as money is able to compensate for such a loss. It is important to note, though, that the rules covering the amount for loss of consortium damages may vary by state or by jurisdiction. For instance, when a victim dies, there are some states that allow parents, siblings or children to sue for loss of consortium. Other states may only award loss of consortium damages to the spouse.
The instance by which it is payable may also vary. Depending on the jurisdiction, loss of consortium damages may need to be filed separately by the victim’s loved ones. On other jurisdictions, the loss of consortium damages is awarded to the victim or his estate and added as part of a personal injury or wrongful death claim.
Areas covering loss of consortium
Some areas where loss of consortium may be payable include:
- Inability to participate in sexual activity
- Inability to participate in the family’s activities
- Loss of companionship, care and affection
- Inability to work to contribute to the family’s finances
- Inability to contribute to the household’s maintenance (i.e. fixing a leaking sink, mowing the lawn or cooking meals)
- Inability to help in parenting and childcare
Loss of consortium and Privacy
If you are considering filing a claim for loss of consortium, you must also consider the fact that this may mean a loss of privacy for you and your spouse, particularly with regards to your sex life. The intimate details of your sexual activities will be made subject to close scrutiny. It is important that you consider this and discuss this aspect with your lawyer so that you can weigh the advantages and the disadvantages.
Loss of Consortium and Lawsuit Funding
Whether loss of consortium is filed with a personal injury claim, a wrongful death claim or as a claim filed by the victim’s loved one, it is important to consider finding help when you can get it. When a lawsuit is still pending in court, it may be tempting to consider accepting the other party’s settlement offer. This is when you need money to pay for your medical treatment or funds to cover your spouse’s funeral and burial.
During this difficult time, worrying about money is the last thing you need. When you are caught in a rock and a hard place, there is another option – to seek lawsuit settlement funding. This can help you get much-needed funds to cover important expenses while your lawsuit is still pending settlement.
The advantage of lawsuit funding is that eligibility is not based on whether you have a good employment or credit record. Rather, approval for “lawsuit loans” (as they are often called) is determined through the merits of the case. Also, the money is only payable upon the settlement of the lawsuit. When this does not happen, you are not obligated to pay the money back.
For your lawsuit funding needs, you can trust FastLawsuitMoney.com. We have built our reputation by providing quick and reliable processes in our bid to help you get access to cash you need, when you need it.
Posted on March 19, 2012 by Fast Lawsuit Team
An accident can range from a simple fender bender, an embarrassing fall to something much worse. With the first, you just emerge a little shaken and perhaps with a dent on your car or a scratch on your arm. With the latter, the injuries may be catastrophic that they can change your life (and that of your loved ones) forever. That’s tragic enough, but what makes it worse is that you may not receive the compensation that befits your injuries unless you file a lawsuit against the other party (and their insurance company as well).
When it comes to personal injury claims, it helps to understand your rights to compensation. The other party may try to get you to settle for a certain amount, which most likely is smaller than the actual value of your particular personal injury claim. Before you sign anything, it’s best that you consult a lawyer to help you determine the full amount of the compensation that you should get.
Here are some personal injury claim areas that you should look into to make sure that you get a fair and just amount:
Liability. When liability can be proven to sit squarely on the other party’s side, you can work towards getting the maximum amount of compensation. In some states, if the accident was partly caused by your negligence as well, this can decrease the amount of compensation. It is important for you to be able to present proof with regards to the other party’s liability – that they indeed, by virtue of their negligence, mistake or willful act, caused the accident to occur. That is why it is important for you to document the site of the injury, as well as the doctor’s reports that show the extent of your injuries.
Type and Extent of Injury. Injuries can be minor, catastrophic or fatal. Compensation can be determined based on the type of injury you sustained. The type of injury will help determine future medical expenses, as well as the amount you may need for adaptive equipment and future expenses for therapy and home care. Injuries may fall under the following:
- Temporary partial disability. The total disability is only temporary and the patient is reasonably expected to recover from the disability. After which, the patient should be able to do activities he used to do.
- Temporary total disability. The patient is totally disabled during his hospitalization and recovery, but afterwards is expected to resume full function.
- Permanent partial disability. The disability is permanent, but the patient is still able to do some of the activities he used to do and is still able to work to earn some money up to a certain extent.
- Permanent total disability. The disability is permanent and the patient is not expected to recover from the impairment.
Please note that there are different definitions of disability (as it may apply in certain states). A person may be considered disabled if he is unable to perform the tasks he needs to do his current job.
Medical damages. Be sure to keep records of all your medically-related expenses. These include:
- Ambulance expenses
- Emergency and in-patient hospital bills
- Professional fees (doctors, chiropractor, surgeon, etc.)
- Prescription medications and over-the-counter drugs
- Diagnostic fees, laboratory fees
- Surgical apparatus or prosthetic appliances
- Nurse fees
You should also take into account future medical expenses if it can be shown that you need to get continued medical care.
Non-Medical “Special Damages”. This includes expenses during your hospital stay such as expenses for gasoline (going to and fro the hospital), lost wages, lost sick leave or vacation leave, hotel and food expenses (for the caregiver), as well as child care and household help during the hospitalization and recovery.
Lost income/loss of a Job. Not only should you fight for the income you lost while you were laid up and recovering. The compensation should also cover future lost income or the eventual loss of your job. You should also seek compensation if the injuries you sustained resulted in your needing to take a job on a part-time basis or a job that pays a lower rate.
Pain, suffering and mental anguish. In some states, there is compensation provided for pain, suffering and stress you underwent. This would cover the severity and length of the pain caused by the injuries, as well as the instances that cause or will continue to cause emotional or mental distress to you.
Loss of consortium. This covers compensation for the loss of “enjoyment” or benefits of a relationship. Your injuries may affect your relationships with your spouse and your family. For instance, you can no longer engage in sexual relations with your spouse, this is subject for compensation.
Depending on your injuries, you may stand to receive a considerable amount as your compensation. Of course, the other party would try to minimize the compensation they would have to pay you. A lawsuit will be useful in settling this issue.
However, a lawsuit is the last thing you need while you’re recovering from your injuries. You may need added funds to help ensure that your case is strong. During this time, you may already be burdened by medical expenses, as well as the need to provide for your family’s daily needs. Lawsuit funding will help you deal with these financial burdens.
The cash you get from a lawsuit settlement funding will give you ready funds. This way, you don’t have to be tempted to accept a low settlement offer from the other party. You can continue with the lawsuit or with negotiating a proper settlement amount.
If you are in need of a lawsuit loan, you can go to FastLawsuitMoney.com for fast and reliable processing of your application. With FastLawsuitMoney.com, once your application is reviewed and approved, you can get the funding in as quickly as 24 hours.
Posted on March 6, 2012 by Fast Lawsuit Team
They say that air travel is the safest way to go. There are less accidents in planes than in any other mode of public transportation. However, when you consider that plane accidents and plane crashes are caused by a number of factors, you will need to acknowledge the possibility of it happening.
Some reasons for these accidents include:
- Flaws in the design or manufacture of the plane or its parts
- Human error, including mistakes made during take off or landing
- Acts of negligence by the pilot, maintenance or airline staff
- Acts of negligence by the air traffic controller
- Adverse weather conditions (i.e. storms, lightning, etc.)
- Sabotage
- Bird strikes
- Fuel Starvation
If an airplane crash is rare enough, surviving a crash may be rarer. And it leaves the victim’s loved ones devastated after the tragic accident.
Compensation for Airplane Crashes
A lawsuit will never be able to compensate the loss of a loved one. However, it can help ease the worries of the family. The just compensation arising from an airplane crash will help pay for medical expenses (if applicable), as well as funeral and burial expenses. It can also provide for the family, particularly if the loved one is the family’s breadwinner. It can also ensure that other important assets are protected – the settlement can enable the family to fully pay the mortgage or get rid of any other debt the family has.
The complexities of a plane crash lawsuit
Lawsuits filing for compensation in an aviation accident may be filed by the victim, or if he is deceased, his spouse. If there is no spouse, then his children (represented by the guardian) or his parents may sue. If there are no children or parents to file the suit, the siblings would be the next that can file the lawsuit.
However, you may not be able to get the settlement as soon as you need them. It will take time and it may even mean you have to file a lawsuit against the party that is liable. The need may be especially urgent if you don’t have the ready cash to pay for medical travel, as well as any expenses related to the loved one’s treatment or death.
Airplane crash lawsuits may turn out to be complicated affairs, especially if it involves an international flight. There are questions to be threshed out: where to file the lawsuit, what law should cover or apply, shall the lawsuit be filed by individual complainants or should they join together for a class action suit? Who is liable for the claim – is it the airline, the manufacturer of the plane, of the parts or the owner of the plane? How can damage and liability be proven?
These kinds of lawsuits are complex and involve a lot of parties that it will take years for the lawsuit to come to a conclusion.
Here are some areas of consideration:
Airline liability. This depends on the whether the flight is international or local. Local flights are carriers are covered by law and regulations of the state, which may differ. International flights are covered by the Montreal Protocol and Warsaw Convention. The two international agreements simplify the case by not requiring complainants to show proof of the airline’s negligence.
Liability for privately owned planes. Any negligence of the pilot or aircraft maintenance staff will be considered the liability of the owner of the plane.
Statutes of limitation. The families of the victims should file the lawsuit within a certain time limit. Otherwise, you lose the opportunity to claim.
Monetary compensation will be computed based on the varying laws of each state. The compensation will usually cover:
- Medical expenses (past, present and future)
- Lost future income
- Pain, suffering and disability
- Funeral expenses
- Loss of consortium (given to loved ones for their loss of companionship with the loved one)
- Loss of prospective inheritance
The expected settlement from an airplane crash is quite substantial. However, airlines and their insurance companies may try to minimize the claims by trying to talk the family out of litigation. This may seem convenient for victims and their families as they get cash they need badly at the time they need it. However, they may be missing out on the settlement that they stand to get had they proceeded with the lawsuit.
One solution for this would be lawsuit funding. This enables families to continue with the lawsuit and still survive the financial challenges of losing a member of the family. Lawsuit settlement funding can be used to repay debts, cover the mortgage, provide for the family’s daily needs and cover death-related expenses.
You can consider getting a lawsuit loan from a reputable company such as FastLawsuitMoney.com. FastLawsuitMoney.com has built a solid reputation of providing cash when complainants need it most – before the lawsuit settles. With FastLawsuitMoney.com’s streamlined application process, you can get funds in as quickly as a day after your application has been approved.
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 January 20, 2012 by Fast Lawsuit Team
It comes as an unpleasant surprise. You’re walking along, enjoying your day when suddenly, wham! You trip up on a section of loose carpeting or slip due to a wet floor.
A slip, trip or a fall can be mildly embarrassing. It can also be catastrophic. While with the first you just stand up and brush it off, the latter may result in huge medical bills, lost time at work or even a lost job, considerable pain and suffering, or worse, death. Slip and falls can result to a wide array of serious injuries such as sprains, broken bones, head, back or neck injuries, brain injuries and permanent disability.
Slip and falls usually happen in places where there is a lot of foot traffic. These include department stores, hotels, restaurants, shopping malls, amusement parks and the like.
Slip and Fall Lawsuits
Slip and Fall Lawsuits fall under Premises Liability. Under this principle, property owners or those that maintain or manage the property have the duty to ensure that that property is safe from hazard. Any failure to act or any direct act of the property owner and representatives that resulted in a slip and fall may result in the property owner being liable for any damages incurred.
Potential hazards that cause slips, trips and falls include:
- Wet floor or water spills
- Uneven, damaged or unstable flooring
- Sidewalks that have potholes or are uneven
- Presence of snow, ice or puddles (esp. on the sidewalk)
- Damaged or broken stairs, handrails and railings
- Torn or loose carpeting
- Narrow entrances, hallways or stairwells
If you have hurt yourself in a slip and fall accident, you have the right to seek for compensation, particularly for:
- Your medical expenses (for ongoing and future treatment)
- Lost wages or loss of job
- Expenses for physical therapy
- Related medication
- Out of pocket expenses related to the treatment and therapy (gasoline to drive to and from the hospital or clinic, hotel and food expenses of the caregiver, cost of childcare or housekeeping, etc.)
- Cost of adaptive equipment
- Pain and suffering
The challenges of a slip and fall lawsuit
When you have been involved in a slip and fall accident, you should go to a hospital or seek medical attention as soon as possible, even if you feel “okay” right after the incident. This is to show that you acted to lessen the damage and physical injuries caused by the slip and fall. You also need to prove that the injuries were directly caused by the slip and fall.
When you file a slip and fall lawsuit, you need to prove that the property owner/manager was negligent, that it was not due to your carelessness and that the injuries you sustained were the result of a slip and fall in that property. There is also a need to prove that the property owner/manager knew about or should have known about a hazardous condition and failed to act to correct it. The owner (or their insurer) can also fight back by showing that the incident was in fact your fault because the condition was open and obvious and you should have acted to avoid the incident.
There is also the stigma connected with slip and fall lawsuits. Due to greedy complainants and their lawyers, there is a high level of doubt linked with slip and fall cases. As a result, lawsuits arising from these incidents are usually highly scrutinized cases and thus take longer to settle. It is also harder to prove your case if your injuries were soft tissue injuries, which are generally harder to prove.
Lawsuit Funding for a slip and fall lawsuit
The injuries sustained due to a slip and fall incident may be serious enough that the victim is unable to go to work. If this is your case, you are facing challenging times ahead. Aside from your medical bills, you also need to provide for your family, pay your debts as well as cover expenses related to your lawsuit.
The financial stress you are undergoing may leave you vulnerable to low-ball settlement offers from the other party. You may be sorely tempted to accept the offer even though it is obviously less than what the case is worth had you waited for it to continue through to the end.
Legal funding can be your lifeline during this time. Often also referred to as a lawsuit loan, this provides ready cash during your time of dire need, without you having to lose out on what the case is really worth. The funding is provided based on the strength of your case, and unlike a real cash loan, you don’t have to pay it back if the case does not come to a settlement.
Going for a lawsuit settlement advance is relatively easy, especially if you are working with FastLawsuitMoney.com. FastLawsuitMoney.com is committed to help complainants like you fight for fair and just compensation for their injuries. Upon approval, you can get your cash within 1 day.
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
- Falls
- 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
- Therapy
- 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 September 10, 2011 by Fast Lawsuit Team
In personal injury lawsuits, one component that is quite hard to determine is pain and suffering. It is difficult to put a monetary value on the pain and suffering – putting dollars and cents on one’s quality of life and the ability to enjoy what the world has to offer. Damages for pain and suffering will try to compensate you not just for the physical pain you suffered but also the mental and psychological trauma the injury has caused.
It is much simpler to compute for property damage – you just have to calculate how much it takes to have the property repaired or replaced and that’s it.With pain and suffering, you are dealing with unique individuals with unique personal histories and pain thresholds. Indeed, what may seem excruciating to one may be just a minor pain to another.
Just exactly how much is your back pain or facial scars worth? Well, it depends on the judge or jury. It will also depend on just how much evidence you hold and how “good” your witnesses are, as well as how effectily your lawyer presents your case. There are no formulas, no “settlement charts” to be consulted. However, there are some factors that will be considered by juries when determining just how much should be awarded for pain and suffering.
Occupation. How much income do you earn prior to your injury? A victim that earns a considerable annual income may result in varying levels of settlement award. One set of jury may think that a high-earning individual is well off enough and may not need a lot of money by way of pain and suffering damages. Yet another set of jury may think that the individual will have lost a considerable amount of income due to the injury and award him higher damages. Also, a simple injury may actually be devastating to some. A knee injury will mean that a famous basketball player can no longer play his favorite sport. It will also effectively end his career.
Age. The age of the victim will also be taken into account. Young victims may heal more quickly. But then again, if the injury resulted in permanent disability, then they will have a longer time to have to deal with their pain and suffering. A person closer to retirement age may be seen as frailer and more apt to suffer from the injury.
Amount of medical expenses incurred. There are some who simply multiply the total amount of medical expenses by a certain number to get the value of pain and suffering.
Kind of injury. The kind of injury will also be considered. For instance, the trauma of a facial injury and its subsequent scarring will more likely cause more suffering than an injury where there is no scarring or the scars can be kept hidden.
The witnesses you also call may also affect the amount of pain and suffering compensation awarded to you. The witnesses you bring will show how the injury has affect your day-to-day living and your enjoyment of it.These witnesses need to show credibility as they narrate how you have suffered – how the injury has affected your family and marriage situation, how your day-to-day activities and hobbies have been limited by your injury, how much pain you are in, and so on.
Working for a Fair Personal Injury Lawsuit Settlement
The goal in filing a personal injury lawsuit is for you to get compensated for your losses, not just financially but also emotionally and psychologically. The other party (and their insurance company) will naturally try to give you a lowball offer, prior to the filing of a lawsuit. It is up to you and your lawyer to try to negotiate for the right personal injury settlemtn that is due you. You may need to apply for a lawsuit settlement advance.
Sometimes, having enough funds throughout the process can help. You can consider getting litigation funding so that you can continue to pay for your daily needs as well as for court costs while the lawsuit is on dock. Lawsuit funding will give you the much-needed funds for you to keep on track and not be tempted to say “yes” to lowball offers from the other party.
Remember, showing the extent of your pain and injury may require a considerable cost to you. You will need to spend for the deposition of the witnesses as well as to call in expert witnesses to give their opinion of your injuries and suffering. A lawsuit cash advance will help fund these expenses as you work to bolster your case.
A lawsuit settlement funding is offered as non-recourse funding. This means no risk funding for you. You only need to pay once the lawsuit settles. For quick and easy lawsuit funding, you can go to FastLawsuitMoney.com. They will evaluate the merits of your case and once you are approved, you can get the cash in as quickly as a day.
Posted on September 1, 2011 by Fast Lawsuit Team
A personal injury lawsuit is about seeking for just and fair compensation for harm and injury someone has sustained and suffered. The purposes of the compensation may include paying enough in order to “restore” a person to his pre-injury standing as well as to “punish” the erring party for his negligence or malicious act.
So the question is, how does one determine the value of a personal injury case? How do you know that a settlement is fair and just for the injured party? A trial will mean that you are leaving the judge or jury to determine the value of the lawsuit – different juries may mean different settlement amounts.
However, there are some things that the court takes into consideration when determining the compensation value of a personal injury lawsuit. And these factors also will help you determine whether you are eligible for litigation funding so that you have funds and be able to negotiate the settlement, if both you and the other party are willing to settle:
- Liability. It is important to show who is liable for the personal injury that you have suffered. When you file this lawsuit, there should be a clear line of evidence to show the other party’s culpability. If it can be shown that you also have a partial share of the liability, in some states, this will mean that your “part” of the blame may proportionately decrease the amount of the settlement.
- Type of injuries. The more serious the injury and the more long term or extensive the treatments needed, the higher the settlement. Generally, soft tissue injuries (whiplash, strained tendons, etc.) which are sometimes considered to be “minor” injuries may get lower settlements as opposed to more obvious injuries such as broken bones or tissue loss. A more obvious injury (ones that are easily visible) may also point to a higher settlement because there is also the element of psychological trauma, feelings of insecurity and embarrassment inflicted on the victim.
- Age of the victim. Age is taken into consideration on account of the number of years the person has yet to be productive. For instance, a younger victim will usually mean a higher settlement because his life is just about to begin and he has so much potential in store for him. On the other hand, an older person (especially those above 60 years of age) will generate more sympathy from the jury because of his age and frailty.
- The victim’s and the culprit’s personal record. The court may also look at your history to see whether you have a criminal record or have had problems with the law yourself. This may be unfair as this is unrelated to the injury but this is what some courts will also consider. The court may also look into the culprit’s record. If he has committed similar mistakes in the past or has issues with the law, the settlement may be larger as compared to someone who has a spotless criminal and civic history.
- Level of expenses involved. You as the complainant should also prove the amount of financial loss or expenses incurred due to the injury. These can include:
- Hospital exenses
- Therapeutic care
- Non-medical damage (i.e. the need to hire househelp or child care, transportation expenses to and from the hospital, etc.)
- Lost wages, including lost vacation or sick days
- Prevailing laws of the state. It depends on the state where you filed the lawsuit. If you file in a no fault state, lawsuits involving car accidents and other incidents may not be filed unless the injuries sustained are serious (i.e. fatal, causing permanent disfigurement or disability). If your case falls below this level of seriousness, your insurance company may have to step up to provide some level of compensation. This means that damages will not include pain and suffering sustained as well as punitive damages.
- Limits. You should also remember that there are some states that have limits as to the amount of damages awarded for pain and suffering and punitive damages.
How Lawsuit Funding can Help
As you can see, depending on the type of lawsuit you have, a potential lawsuit settlement may be substantial. It depends on whether you have the means to wait for the settlement to come. The other party may offer to settle the lawsuit for far less and you may be tempted to accept the offer due to pressing financial needs.
This is where lawsuit funding can help. Also referred to as a lawsuit settlement advance, this provides ready cash as you await the settlement of the lawsuit. With the funds you have, you can negotiate from a position of strength with the other party (and their insurer) and have the resolve and resources to push through with the lawsuit.
Lawsuit settlement funding is non-recourse funding. That is, it is a no-risk litigation funding where you will only be required to pay if the settlement pushes through. If the lawsuit is lost or fails to settle, you don’t have to pay back the lawsuit cash advance provided.
One reliable provider of lawsuit funding is FastLawsuitMoney.com. FastLawsuitMoney.com can provide much-needed funds very quickly. Depending on the strengths of your case, you can easily get approval and once approved, the money can be in your hands in as quickly as 24 hours.