Posted on April 15, 2012 by Fast Lawsuit Team
With personal injury cases, the clock’s running. If you don’t file your lawsuit in time, you will find that you may have already lost your right to claim any damages. The statue of limitations is a law that limits the length of time you can file a lawsuit after you have been injured or experienced damage. Once the statute of limitation expires, you can say goodbye to any compensation.
Why is there a statute of limitations?
The statute of limitations was established in the interest of fairness, both to the victim and to the one potentially being sued. The statute is there because victims should not need to wait an unreasonably long period of time before filing a lawsuit. Waiting a long period may be detrimental to the case since evidence may long be gone or forgotten. If the lawsuit is filed years after the accident, witnesses may already be hard to find and may only have hazy memories about the accident. It is also fair for the erring party – for him to be able to move on without having to worry about a lawsuit anywhere in the future.
Varying Statues of Limitations
If you are a victim of an injury, it would be best to consult with a lawyer about the statute of limitations applying for your case:
- Where the lawsuit is filed. States have their own statute of limitations – they can range from one year to six years. Some states also provide special rules for minor complainants – usually, the statute of limitations does not start until the minor turns 18 years of age.
- Whether it is filed in a federal or state court.
- The kind of lawsuit filed or otherwise known as “cause of action”. For instance, in the state of California, slander or libel has a one-year statute of limitations while you have two years to file a personal injury case.
- If the lawsuit is filed against the government. There are strict rules when it comes to suing a government employee or entity. You usually have as little as 60 days to file a “notice of claim” after you have been injured.
When does the clock for the statute of limitations begin?
- The Discovery of Harm Rule applies when it comes to determining the start of the statute of limitations. The clock starts to run when the complainant is aware that he has suffered harm. This is especially true for defective medicines – where the effect of the problem may only be noticeable after a certain length of time. Another example would be a customer who hires someone to construct his house. A faulty foundation may not be immediately noticeable. But, when the foundation suddenly collapses after several years, the customer has the right to seek redress. However, the delay in one’s finding out about the damage he sustained should be reasonable by certain standards. If the person taking the medicine experiences some bad side effects but refused to get medical treatment for a number of years, his claim may no longer be applicable and the statue of limitations may have already expired.
- For minors, the statute of limitations begins when the minor complainant turns 18.
- For relatives who want to file a lawsuit in behalf of the victim and if the victim dies within the statute of limitation, the time limit is extended from the date of the victim’s death.
- For individuals who are declared legally insane or who are in prison, the statute of limitation does not start until the individual is considered to have legal capacity or have access to the courts.
Lawsuit Funding for Personal Injury Lawsuits
Knowing your own time limit for your lawsuit is important so as to ensure that you maintain the right to sue. But if you are the injured party, more often than not, you will not need a statute of limitations to remind you to file a lawsuit in order for you to get the compensation. By the time you get out of the hospital, you may already have to face a mountain of bills and debts. You may be easily tempted to give in and give up the case in exchange for a measly settlement amount.
But, if you have access to funds, you can continue with your lawsuit without fear of financially going under. Lawsuit funding will help you survive this trying time. This is non-recourse funding for those who need a little financial shot in the arm. By non-recourse, this means that you don’t have to pay back the lawsuit loan if the case does not settle.
For a reputable source of settlement funding, you can go to FastLawsuitMoney.com. FastLawsuitMoney.com has since built a solid reputation for fast applications processing. You don’t need to present mounds of paperwork. You also don’t need to show your employment status or your credit rating. And, once the application is approved, funds can be in your hands in as quickly as a day.
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 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 26, 2012 by Fast Lawsuit Team
“I’m innocent.” This is what you can hear in prisons or inside holding cells. And the cynic in us will answer, “Yeah, right.” But there are actually times that this is the truth. The justice system we have is good but it is not perfect. The process that has protected the rights of others and meted out justice may sometimes also victimize others.
The justice system has checks and balances to ensure that someone is guilty before the verdict of imprisonment is handed out. There is the tenet that someone is innocent until proven guilty, that one cannot be arrested without due legal cause and that the prosecution has to show guilt beyond reasonable doubt. But, there are some unlucky ones that fall through the cracks in the justice system.
Take the case of Tim Masters, who was imprisoned for 10 years on a murder charge. Or Barry Gibbs, who was sent to jail or 19 years on a murder charge which turned up to be a frame job by a shady detective. Or the number of men who languished in jail for how many years on rape charges. They suffered for some years but were later released from prison when it was proven that they were innocent, after all. Particularly useful are the modern technological advances such as DNA matching and computer forensics.
The effects of false imprisonment
Being imprisoned for a crime you did not commit is no simple matter. For one, you can never get back the years you lost – years that you could have spent with your family, years that are filled with various opportunities. There are also scars that, although visible, are there. Pain and suffering (mental anguish, physical abuse as well as the loss of reputation) during an imprisonment can be real.
That is why the Larimer County in Colorado awarded Tim Masters with a $4.1 million settlement for his wrongful imprisonment. And if you, too, have been a victim of false imprisonment, you can also file a claim for damages.
Even if a person has been exonerated from the crime and released from prison, it may take a huge amount of adjustment to put the broken pieces of his life together. For one, he or his family has suffered some financial setbacks. If the person imprisoned is the breadwinner, this may mean that the family has lost substantial income and may have seen the foreclosure of his house and may also have depleted the family’s savings.
Filing a lawsuit for False Imprisonment or False Arrest
The Constitution protects us from wrongful imprisonment, as well as false arrest. According to the Fourteenth Amendment of the constitution, “No person shall be deprived of life, liberty, or property without due process of law.” Thus, a victim of wrongful imprisonment or false arrest has the legal recourse to demand for compensation.
This will be quite a challenge – a lawsuit against the government or the state can take years to settle. And while they are waiting for that much-needed lawsuit settlement, lawsuit funding can come and fill in the gap.
Lawsuit Funding and How it Can Help
For someone who has been wrongfully imprisoned, a lawsuit loan is a precious lifeline, especially as you already know that your lawsuit will eventually be paid. The lawsuit loan is non-recourse funding – even when the lawsuit is lost or fail to settle, you don’t have to worry about paying the money back.
Settlement funding will help you get the compensation due you, rather than being forced to accept a smaller-than-expected settlement just because you can’t afford not to say “yes” to the offer because of financial constraints. It may not fully pay you back for the years and opportunities lost, but it can help make the journey towards healing and recovery easier.
Posted on February 20, 2012 by Fast Lawsuit Team
You have built your dream house. Or you have rented an apartment that is within your budget. Or, you are doing more than your fair share of hours at the office. You have spent considerable time at these places without knowing that there is a silent killer wreaking havoc on your health – toxic mold. This mold can be found in places that have a tendency to be damp, including wood panels, wallpaper, ceiling tiles, carpeting, insulation, fiberboard and even dust.
Although some forms of mold are not dangerous, black mold or stachybotrys chartarum is linked with toxic mold syndrome. Exposure to toxic mold can have serious health consequences. These include:
- Compromised immune systems
- Itchiness, rashes or open sores
- Itching, burning or watery eyes
- Headaches
- Constant achiness in the joints or fatigue
- Breathing problems, asthma attacks, bronchitis
- Ear or chronic sinus infections and pain
- Diarrhea
- Hair loss
- Nose bleeds
- Coughs that bring up black debris or blood
- Appetite loss
- Memory problems
- Nervous or neurological disorders
- Sex problems
When mold exposure is serious and at its late stage, it can cause long term memory loss, brain damage, lung injury, blindness, cancer, and even death.
If you have been exposed to toxic mold and suffered serious medical injuries and the presence of the mold was due to another party’s mistake or negligence, you have the right to file a claim for compensation. The same goes for businesses that lose work hours and revenue because they had to stop operations to fix the problem.
You can file for compensation for the following:
- Cost of inspecting and repairing the affected area
- Loss of use of property (i.e. the need to rent out another residence while your home/apartment is being repaired)
- Damage to other property
- Cost of relocation (i.e. hiring the moving truck)
- Depreciation cost of the home or property
- Medical expenses (present and future)
- Cost of therapy and adaptive equipment
- Loss of income or job due to the sickness
- Compensation for pain and suffering
The liability can fall on various parties. This can include contractors, framers, roofers, suppliers of construction material, landlords and previous homeowners.
Victims have already successfully litigated and fought for their compensation. For instance, in February 2009, a family from Virginia was awarded $4.75 million when they sued their contractor for negligence that resulted not just in damage to their home, but also to their health. Two ladies from Delaware had a jury grant them $1.04 million in compensation in a lawsuit against their landlord, where the landlord failed to repair leaks and this resulted in severe breathing problems.
When filing a toxic mold lawsuit, you should remember to do the following:
- Take pictures of the contaminated area
- Take pictures of any household items that are also contaminated
- Keep records of the expenses related to the repair of the house
- Keep records of medical expenses
- Ask your doctor for a medical report of your injuries
While waiting for your lawsuit to settle, you may need some funds to ensure that you and your lawyer are able to build a strong case. These funds can also be used to cover medical expenses and other bills that you incur due to your medical condition. Lawsuit funding can provide such funds at a time you direly need it.
Toxic mold lawsuits can be tricky and may take months or years to come to a desired conclusion. But with lawsuit settlement, you don’t have to worry about not having funds to see the lawsuit through. FastLawsuitMoney.com provides you with the lawsuit cash advance that is not based on whether you have a good credit rating. Rather, the funding is evaluated based on the strength of the case. You don’t also have to worry about paying back the lawsuit loan, as it is non-recourse funding. You only need to pay the funding when your lawsuit settles.
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 December 27, 2011 by Fast Lawsuit Team
The sudden death of a loved one is a traumatic event that may take years to recover. A sudden death resulting from an accident adds another layer of grief to the trauma. If the accident was caused by someone else’s careless negligence, it adds only further insult to injury. Wrongful death is the legal term referring precisely to this kind of death, one that is a result of someone else’s negligence or unjust behavior. Originally, in the United States, it was thought that the damages of a wrongful death essentially died with the victim. But as time passed, each state eventually developed its own laws that would grant survivors of the victim the right to claim compensation for the loss of their loved one, and more specifically, for the incurred costs and damages resulting from his or her death. Different from a typical negligence lawsuit where the victim is the one that files the lawsuit, a wrongful death lawsuit compensates the victim’s survivors for monetary damages.
Although all the states have developed wrongful death statutes that are unique to each state, there are some common underlying requirements that all states share. An official wrongful death in all states requires that one, the death was indeed the cause of the defendant’s negligent or direct actions, that, two, there are survivors of the victim (such as a spouse, children, and/or other beneficiaries and dependents), and, three, that there are proven monetary damages resulting from the death. There are many possible causes of a wrongful death. Some of the most common causes are automobile accidents, truck accidents, motorcycle accidents, medical malpractice, work-related incidents, and the use of a defective or otherwise faulty product.
The wrongful death of a loved one can create many new, seemingly endless, complications in your life. On top of the overwhelming grief, pain, suffering and unbearable loss that you and your family may endure, you may now have to face the debts from the expense of hospitalization or medical treatment of your loved one. Unplanned funeral expenses will undoubtedly create another financial deficit. If your loved one’s income, medical benefits, or pension significantly supported you and your family, that is another practical loss you now have to deal with. Your ability to manage household bills, buy groceries, pay the car insurance, manage the expenses of raising children or even future retirement plans may now be seriously compromised. The assistance, protection and care that your loved one afforded you, your children, or other family members is now gone. There may also be property damages resulting from the accident that are now your burden. These are all the potential damages of losing a loved one to a wrongful death incident; they are countless and have the ability to leave you debilitated.
Fortunately, a wrongful death lawsuit can cover all of these damages. A qualified and experienced lawyer will be able to discern the strength and value of your case. If you have a strong case you may further qualify for fast lawsuit money to help you while you await the settlement of your case. Also called a lawsuit loan, this cash advance you receive while you wait for your case to settle, will assist you with the needs you have right now. If you win your lawsuit, you repay the lawsuit cash advance with your settlement. It is a win-win situation. If you lose your lawsuit, you do not have to repay anything. Life after a wrongful death is challenging, get the money you need now to help you manage while you and your family heal.
Posted on November 27, 2011 by Fast Lawsuit Team
You are riding on a bus when, crash and boom, your bus gets into an accident and you are injured. Or, take the case of the Colorado man who rode in a car driven by someone who felt like racing, lost control of the car. The passenger suffered from severe injuries to his hand that needed several surgeries.
The thing about being a passenger is that you have very little control over what happens since you don’t hold the steering wheel. However, the results of the accident may be just as serious, just as painful. Injuries incurred by passengers include broken or fractured bones, soft tissue injuries, a broken shoulder, broken ribs, head injuries and so on.
As a passenger, you have the right to demand for compensation for the injuries you have sustained, as well as the emotional trauma and stress that you may suffer.
If the driver at fault is the driver of the vehicle where the passenger is riding, then the passenger can file a claim against that driver and his insurance carrier. If the driver of the other car caused the accident, then the passenger can file a claim against the erring driver and also against is insurance carrier.
The Passenger Accident Claim
What can you claim for?
- Medical expenses. This does not only include your doctor’s professional fees and the bills in the hospital. This includes the cost of medicine, physical therapy, laboratory fees and other fees related to your recovery and treatment. Medical expenses also pertain not just to expenses now but to future medical expenses.
- Related expenses. This includes expenses that arise out of your injury. For instance, if your caregiver needs to take time off from work to tend to you at the hospital, this should be included in your claim. This also includes the need to pay for childcare or housekeeping services, the expenses for traveling to and from your doctor’s clinic or the therapy center, recovery costs for counseling and so on.
- Loss of income. Even if you have filed sick leave for the days you are in the hospital or for the days you are recovering, you are entitled to compensation for loss of income. If, eventually, you lose your job as a result of your injury, this should also be compensated.
- Pain and suffering. Although it is hard to place a price tag on the trauma and pain you will endure due to your injuries, a judge or a jury will try to set a certain amount to compensate you for your suffering.
As you can see, it is important for you to carefully consider how much you stand to receive as fair and just compensation. Do not be attracted to a settlement offer that seems big at the onset. It is highly possible that when you sit down and take a careful look at what the personal injury has caused you, the offer may not actually fully compensate you.
Lawsuit Funding
However, when you do decide to file a lawsuit for your claim, you must have resources backing you up. This is what the other side may be counting on. When you see your medical bills, household expenses and debt piling up, you may be forced to settle for a lesser amount than what the lawsuit is actually worth. And, once you sign off on the claim, you do not have any right to pursue your claim further if you discover that you need additional compensation down the line.
This is where lawsuit funding can be helpful. This allows you more “rope” to continue with your passenger accident lawsuit while still keeping free from financial pressure. This way, you can see your lawsuit through to the end. Or, you can negotiate with the insurance company for the compensation you deserve.
When you apply for a lawsuit settlement advance, you do not need to present your employment or credit records. You will need to present the details of your case to help the lawsuit funding company to evaluate whether you are eligible for funding or not. For some companies like FastLawsuitMoney.com, once your application is approved, you can have your cash in as quickly as 24 hours!
The good thing about lawsuit settlement funding is that it is non-recourse funding, meaning, the funds are only payable if your lawsuit is successful. You don’t have to pay the lawsuit funding company back if your lawsuit fails to settle.
Posted on November 24, 2011 by Fast Lawsuit Team
Accidents involving trucks (including tractor-trailers, delivery trucks, semis, light trucks and large trucks) result in around 3 million accidents every year. The sheer size of the trucks results in a high number of fatalities every year, yielding some 5,000 deaths. This may involve cars being rear ended by trucks that lost their brake, vehicular accidents where the driver failed to see the other vehicle or pedestrians being run over. Other cases involve a truck turning into a driver’s path even if that driver had the right of way, being hit by cargo or tire parts that get detached from the truck or a truck jackknifing or rolling over the other vehicle. Recently, a tragic accident happened in Michigan where a boy was killed when an ice cream truck reversed and the driver was not aware that two boys were still playing at the back of the truck.
Truck accidents happen due to several factors, which include:
- Loss or failure of brakes or wheels
- Driver fatigue or inattention, as most truck drivers travel long distances
- Improper loading or overloading of the truck
- Over speeding
- Tailgating
- Driving under the influence of drugs or alcohol
- Steering wheel problems
- Poor truck maintenance
- Driving under difficult conditions (slippery roads, heavy traffic)
- Reckless driving on the truck driver’s part (including driving while texting and disregarding traffic signs)
When truck meets car or pedestrian, the usual result is that the truck usually wins. The weight of the truck (and its cargo) causes the higher impact on the other party during a collision. There is a higher risk of injury or death for the driver and passengers of the other vehicle. The injuries resulting from the truck accident may include soft tissue injuries (i.e. whiplash), bone fractures, damage resulting to the loss of a limb, herniated spinal disks, serious head injuries, head and brain injuries and in worst cases, death.
The impact of a truck accident can create a serious financial burden for the family, not to mention the pain and suffering that is inflicted upon the truck accident victims. The medical expenses can be quite substantial, especially if the accident necessitated surgery. There are also related expenses, such as the need to pay for housekeeping or childcare services, transportation costs of going to and from the hospital and so on. The victim will also have to miss work while getting treated and during the recovery period.
Filing a truck accident lawsuit
When it is clearly the truck driver’s fault, the injured party can file a personal injury lawsuit against the driver and his insurance company. Please note that you may not sue for damages when you are the one who caused the accident.
The lawsuit will demand for compensation that includes:
- Medical and doctor bills
- Recovery and physical therapy costs
- Loss of income and/or loss of job
- Counseling and therapy costs
- Compensation for trauma, pain and suffering
When filing for a truck accident lawsuit (as well as applying for lawsuit funding), be sure to get the following information or documents:
- Police report, including statements of witnesses
- Photographs of the scene of the accident, including photographs of the surrounding scene for reference purposes
- Medical reports (doctor’s report, diagnostic reports such as X-rays, CAT Scan and MRI reports)
- Records of medical and related expenses
The issue is that, often, the truck accident lawsuit can take months or years to get settled. This can make things financially difficult for the injured individual and his family, particularly when they are living from paycheck to paycheck. The medical bills will make a serious dent on the finances of the family. This is where lawsuit settlement funding can help.
Lawsuit funding (or lawsuit loans, as some call it) can provide a victim and his family with a stopgap. The proceeds can ensure that the victim gets the medical care he needs while his family is provided for in terms of food, shelter and other basic needs. One can also use the proceeds from the lawsuit funding to pay for debts.
When you are applying for a lawsuit loan, it is important to work with a reputable lawsuit funding company with a fast turnaround time such as FastLawsuitMoney.com. FastLawsuitMoney.com can do the legwork, evaluate your lawsuit and once you are approved, you can get your cash in as quickly as one day.
Posted on November 1, 2011 by Fast Lawsuit Team
Being injured in a car accident is no joke, especially if the physical injuries sustained are severe. The road ahead will not just mean piles of medical bills, but also pain and suffering, additional expenses for therapy, loss of income and more. If you are injured as a result of a car accident where the other party is at fault, you are entitled to receive compensation for your expenses, loss, impairment, and in some states, pain and suffering and punitive damages. The payment will be from the other party and his insurance company.
One way to get it is by filing a personal injury lawsuit. Here, your case will be heard and decided upon either by a judge or a jury. The other party’s insurance company may try to offer you a settlement. If you decide to accept the settlement offer, then the lawsuit does not go on and the settlement is what you will get as your compensation.
The decision to accept a settlement should be carefully made. Remember, this is the only compensation you will stand to receive if you don’t proceed to have the lawsuit heard in court. The advantage of accepting a settlement is that you are spared of the emotional and physical pressures of having to appear in court and having your personal injuries (and your personal life) held up in view for all to see. It will also save you the hassle of going to and from the court, as well as the waiting time before the lawsuit is settled.
So, if you do decide to settle out of court and get into negotiations with the other party’s insurance company, it is best to come prepared so that you are able to get the best car accident lawsuit settlement. It is important to note that the insurance company will try to offer you as low a settlement as possible, so you must also be prepared to negotiate.
Here are some things you can do that will help:
- Hire an experienced attorney. The lawyer’s experience in personal injury lawsuits, especially those covering car accidents, will come to play. The lawyer will help you negotiate by showing the insurance company how strong a case you have and what you might stand to receive if the case goes into trial. Your lawyer will also help you understand your legal rights, as well as all the items that you should be compensated for.
- Keep careful records. Don’t be careless with the paperwork! Keep meticulous records of your medical expenses and receipts. You should also document your pain and suffering and the effect of the injuries on you. A journal outlining this will be a great help. Also, keep records of how many days you missed work.
- Calculate the total value of the lawsuit. This includes items such as lost wages (or an eventual job loss) and medical and other related expenses. In some cases, compensation will also cover pain and suffering or impairment. There are also some states which provides for punitive damages. In the case when the injuries result in a victim’s death, the family can file a wrongful death lawsuit and be compensated for the loss of their loved one. When deciding on whether to accept a settlement offer, it is important that you consider all that you are entitled to in order for you to decide whether the offer is fair or not.
- Never sign anything from the other party’s insurance company. It is wise to ask your lawyer’s advice first.
- Avoid the temptation to accept the offer due to financial reasons. Personal injuries will cost you. The mounting hospital and household bills may tempt you into accepting a settlement offer just because you are in urgent need of money now. The insurance company may reason that accepting their offer is your best option so that you “get it over with”. If you are able to hold out, you can negotiate for a higher settlement. You can either avail of a loan or lawsuit funding to provide you with the money you need to negotiate for the best settlement.
How Lawsuit Funding Will Help
Lawsuit funding, also called a lawsuit loan, can provide you with funds to meet your immediate financial needs so that may be less pressure for you to accept a lowball offer from the other party’s insurance company.
The settlement funding you get can be used to pay any hospital debt, household expenses and court-costs related to your lawsuit. The advantage is that you don’t have to meet any credit or employment requirements. What you need to present in order to get a lawsuit settlement advance are the merits of your case. With these funds, you can fight for a fair and just settlement, instead of being tempted to accept whatever the insurance company will offer.