Posted on April 18, 2012 by Fast Lawsuit Team
For you to be able to file a personal injury case, you need to show the “smoking gun” – to put the fault and responsibility of the injuries and damages you sustained squarely on the court of the party you are suing. Proving the other party’s liability is the very foundation of a personal injury lawsuit. If you and your lawyer can’t prove how the other person is responsible for the pain, suffering and damages, then you can’t expect to claim for personal injuries.
What is liability?
For someone to be considered liable, it must be proven that:
- There was a duty of care that the party owes you, the complainant
- That duty was violated/breached by the other party
- There is a direct relationship to this breach of duty and injuries suffered by the complainant
- You suffered from damages and loss because of the injuries
Legal Duty to Use Care. The relationship between the complainant and the defendant must be that the defendant has the responsibility to ensure the safety of the complainant by virtue of their “relationship”. For instance, a doctor has an oath to do his patients no harm – the medical world has stringent standards of service and a doctor can lose his license for serious breaches of duty of care. A manufacturer has the obligation to ensure that products sold will not cause injure its buyers. A driver has the responsibility to ensure that passengers and pedestrians will not suffer harm from his driving. A property owner/mall manager has the duty to ensure shoppers are safe inside the mall. A homeowner who has a pool should make sure no one drowns in the pool.
Breach of Duty of Care. Simply put, the breach would be something that the other party should do and did not do or something that the other party should not have done but did. This is if it can be shown that another person who is reasonable could have foreseen the risk and done something to prevent it. Because of either an act or an omission of an act, this party put you at risk and subsequently injured you.
Causation. Of course, there can be no personal injury lawsuit based simply on the possibility or risk of injury. You can’t sue because conditions have been made risky by the other party. An actual injury must occur. And this injury must be caused by the other party’s acts or lack thereof. For instance, you can’t sue because there is a puddle in the floor, causing it to be slippery. You can’t sue the mall owner because of the slippery floor. However, if you slipped on the floor while walking along the mall and you can prove that the owner should have done something about it, you can sue for personal injury. Finally, an injury must actually occur. If a duty is breached and no injury occurs, there is no negligence claim. Furthermore, the breach must be the actual and proximate cause of the injury. If, for example, the person operating the chainsaw is using it in an unsafe manner, but you are injured by something unrelated to his or her unsafe actions, the claim of negligence would not be valid.
Damages. You need to show actual damages. This includes monetary damages due to medical treatment, the necessity to hire housekeeping or child care, lost income and so on.
Other considerations:
- Placement of warnings. This is especially true for product liability cases. If there is a reasonable risk or safety issue in a toy or product and the manufacturer did not provide the proper warning about the risk and a person is injured, that person can sue for personal injury claims.
- Your own acts. Duty of care may not exist, depending on your own acts as well. For instance, if you were careless or were actually trespassing, duty of care will be seen in a different light.
- Levels of liability:
Strict liability. The other party can be held strictly liable if it can be proven that he could have prevented the injury and damages but did not do so. This is regardless of whether you had some part in the accident. For instance, if a dog owner already knew that his dog has a history of attacking other people but did not restrain the dog properly, he is liable.
Comparative negligence. It may be that both you and the other party have their share in causing the accident. Comparative negligence may result in a smaller amount of compensation, since you were partly to blame for your injuries.
Proving Liability
Proving that the other party is liable may be a complicated matter, depending on the type of case you have. Even when you hire a lawyer to help with the lawsuit, it may take time and considerable expense. It’s best to ensure that you have sufficient resources to battle it out. You may need lawsuit settlement funding so that you have funds to pay for medical expenses, your family’s everyday needs, as well as costs related to the lawsuit.
If you are in need of lawsuit funding, you can come to FastLawsuitMoney.com. Often called lawsuit loans, this kind of funding provides cash without requiring you to present employment records or credit ratings. Plus, it is the kind of funding that you only need to pay back when the lawsuit settles. In case, the lawsuit fails to settle, you are under no obligation to repay the funds.
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 3, 2012 by Fast Lawsuit Team
A saying goes, “Be true to your teeth, or your teeth will be false to you.” Our oral and dental health is important. We practice good dental hygiene not just for cosmetic purposes (to have that bright, white smile) but for health purposes as well. Bad dental health can lead to a host of other illnesses (such as heart disease). That is why it is recommended that we regularly go to our dentist for check-ups and treatments.
Dental Malpractice
As with other medical practitioners, dentists can make serious mistakes and acts of negligence that will result in service that falls below the prescribed standards of care. Dental malpractice covers treatment, failure to treat misdiagnosis or other mistakes or misconduct that no other reasonably prudent dentist or dental practitioner would have committed.
You must also remember that for the dental malpractice to be considered actionable, there should be injuries resulting from the malpractice.
Some cases filed with regards to dental malpractice covers:
- A failure to detect oral cancer
- A patient whose dentures were ill-fitting, which resulted into pain
- A patient who underwent severe pain and suffering for a dentist’s failure to provide him with immediate treatment due to an abscessed tooth. As a result, the patient had a severe infection to his brain that caused permanent spastic quadriparesis (muscular weakness of all limbs)
- A patient who suffered from multiple fractures in the jaw during wisdom teeth extraction
These cases were successfully filed and settled.
Here are other possible dental injuries and dental malpractice where the dentist may have liability:
- Wrongful death due to a treatment or oral surgery gone wrong
- Injuries (temporary or permanent) to the nerves of the chin, tongue, lips and jaw
- Delayed or improper treatment of oral diseases
- Injuries arising from the faulty use of anesthesia
- Misdiagnosis of oral condition
- Failure to diagnosis oral cancer, gum disease and other serious oral problems
- Infections and injuries due to misaligned or faulty prostheses, root canal or crown
- Improper treatment provided by an unlicensed dentist
- Infection sustained due to unclean, faulty or improper use of dental implements and products
- Loss of taste or numbness
- Structural damage to the gums, chin, lips or tongue
- Root canal injuries where treatment used Sargenti Paste (N2)
- Injuries resulting from teeth extractions that were unnecessary
- Failure to get informed consent from the patient
A Dental Malpractice Lawsuit
A dental malpractice lawsuit is particularly challenging. It is but natural that the dentist you sued will try to refute your claim, or at least, devalue it. Much of the case rests on expert opinion and testimony. Thus, you may have to prepare yourself to get the best experts that will sufficient prove your claim and protect the rights you have to demand for compensation for the injury, as well as the pain and suffering your went through.
You should also remember that there is a statue of limitations for dental malpractice claims – although the length of time will vary from state to state. If you are not able to file your lawsuit within the statute of limitations, you can no longer claim for the compensation due you. Also, if you are suing a dentist or dental practitioner that is under the employ of the government or a public hospital, you are required to provide formal notification regarding your claim in as quickly as 180 days.
The importance of ready cash
The lawsuit will most likely require the hiring of expert witnesses to show that the dentist is the person directly and irrefutably responsible for the injuries and the subsequent damages incurred. You also don’t have the luxury of time. This pressure to file the case and hire your expert witnesses is further compounded by the fact that you may need additional funds to treat the injuries you sustained due to the dental malpractice. And since your claim will eventually be paid by the insurance company that covers malpractice complaints for the erring dentist, you can expect the lawsuit to be a long and drawn-out process.
This is where lawsuit funding can help. Lawsuit funding can provide you with the funds to say “no” to the offers that may first be sent out to you by the other party. Without the cash to help tide you over, it may be very tempting to just give in and give up on the lawsuit.
The great thing about settlement funding is that it is non-recourse funding. This means that you don’t have to pay the funds back in the event that the case fails to settle. The lawsuit loan also is based not on employment records or credit standing, but on the merits of the case.
For quick and easy lawsuit loans, you can trust on FastLawsuitMoney.com. FastLawsuitMoney.com has built a solid reputation for processing applications quickly. You can receive your cash in as quickly as 24 hours once your application is approved.
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)
- trespassers
- 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 January 5, 2012 by Fast Lawsuit Team
Carelessness refers to behavior that shows a lack of care or concern. Someone might be careless about a job assignment by purposely ignoring specific instructions. One can be careless about schoolwork by not studying for an exam he or she knows will be difficult. Careless behavior might also include leaving a laptop unattended in a public room, or leaving the car keys in the ignition while making a bathroom stop. People exhibit careless behavior every day in a way that indicates a lack of thought put into the potentially risky effects of their behaviors.
Carelessness while driving involves risky, often illegal, behavior. Careless driving is extremely dangerous – it takes lives, leaves injury and damage, and has the potential to change people’s lives forever. The damages and injuries associated with a careless driving accident are acknowledged by the states in various ways. Some states distinguish between careless driving and reckless driving. They regard reckless driving as more extreme cases of carelessness where there is an exhibit of wanton disregard. Some states however make no distinction between the two. There are many driving behaviors that qualify under either careless or reckless driving.
Driving aggressively such as in road rage shows a real disregard for your own safety and the safety of other drivers, passengers, and pedestrians. Driving a vehicle aggressively can very easily lead to loss of control of the vehicle. Speeding past the speed limit is dangerous because speed limits are specifically tailored to roads with different conditions. Making illegal lane changes are dangerous precisely because they are illegal. Traffic laws are meant specifically to protect drivers from harm and are decided upon after research, tests, trials and examples have been taken into consideration. Other examples of careless or reckless driving includes too much horn-blowing as in the case of an impatient driver in traffic, poor or no signal use, driving while sleepy or falling asleep, multitasking (driving while talking on phone, texting, or eating). Some extreme examples include driving while under the influence of alcohol or drugs or driving with the malicious intention to wield harm.
If you are the victim of an accident created by a careless or reckless driver, and you have a lawsuit in court, you may qualify for lawsuit funding to help you with your urgent needs. If you have a strong lawsuit case, settlement funding gives you much-needed money to manage bills, medical expenses, and other obligations while you recover from injury. The great thing about a lawsuit loan, is that it is designed help you when you need it the most. If you win your lawsuit, you repay the money, but if you lose, you pay nothing back. Your lawyer will be able to give you some advice. Someone else’s carelessness should not keep your entire life in a stranglehold. Call Fast Lawsuit Money to ask about funding.
Posted on November 21, 2011 by Fast Lawsuit Team
Have you suffered from a personal injury brought about by someone else’s negligence, willful and malicious act or plain carelessness? One recourse you can take would be to file a lawsuit against the party that injured you, this includes not just the individual/organization that caused the injury but also their insurance company.
When you are injured, your access to money may be limited due to your situation. It is common for complainants to be short in cash as a result of the personal injury he sustained. For one, he will have mounds of hospital bills and may have to miss some days of work. In the sad event that the recovery time results in one’s losing a job, a loan may be hard to get since this will require your employment records.
Unfortunately, the court system does not provide funds to help the complainants out while they are waiting for their case to settle. However, there are options one can turn to. One such option would be lawsuit funding. Lawsuit funding is something you can turn to for fast and easy cash.
Lawsuit funding does not require you to provide your employment records or your credit rating – your eligibility will be evaluated based on the strength of the case, as well as other aspects pertaining to the case. With the money you get from what is also called a lawsuit loan, you can pay not just the expenses for your lawsuit but provide for your everyday needs as well. You can also use the money to pay off debts and hospital bills that may result from the personal injury that necessitated the lawsuit.
Lawsuit funding gives you that staying power to resist the temptation of accepting a lower-than-expected settlement offer. This is particularly important if you are going against someone who has deep pockets, who may try to delay the proceedings and put you in such a state that you will agree to a low-ball offer just to relieve the financial pressures you are experiencing. With the funding, you have more resources to give your attorney more time to build a case and work to ensure that you have fair and just settlement.
This type of pre-settlement funding is also called a non-recourse cash advance. This means that in case you lose the lawsuit or the lawsuit fails to settle, you don’t have to pay back the funds you received. You will only need to pay back the funds if the lawsuit results in a win and the repayment will be taken from the lawsuit settlement.
When applying for lawsuit funding, here are some things that are looked into to see whether you qualify for the funding or not:
- You have an attorney working on your case. Also that attorney should agree to work with the lawsuit funding company and sign the legal funding agreement. Having your attorney agree to a lawsuit funding agreement will be helpful for you because this means that your attorney will have also given you advice about the details of the lawsuit funding. Also, the attorney s expected to work on a contingency basis, that is, he also gets paid if the lawsuit wins.
- The case is a personal injury lawsuit. This covers the attempt to recover personal injury damages such as loss of income, medical expenses, pain and suffering, as well as punitive damages. Lawsuit funding does not usually cover property damage lawsuits.
- The capacity of the other party to settle the lawsuit. The evaluation will also look into whether the defendant (or their insurance company) is able to cover the lawsuit settlement.
One such reputable provider of lawsuit funding is FastLawsuitMoney.com. For years now, FastLawsuitMoney.com has been helping personal injury victims see their lawsuits to a successful end or to negotiate for a fair and just settlement by providing these victims with quick and easy access to cash.
Posted on April 7, 2011 by Fast Lawsuit Team
Let’s face it. Lawsuits (or settlements) are sometimes not about the strength of your case and the validity of your arguments. The sad reality is that more often than not, the length of lawsuits is determined by how long the complainant can last.
The business world is not perfect, and sometimes, it’s a dog-eat-dog world. Some disagreements are bound to happen. You may have cause to file a lawsuit against a big corporation. But, commercial litigation can actually be a nightmare, especially if you’re taking on the big guns. It can actually be a very expensive affair. And, due to the fact that you may have limited resources while they have high-powered lawyers who can stretch the case for years, you are forced into an early settlement (for much less than what the case is worth) or give the case up altogether.
And while you’re busy with the litigation, you may be plagued by cash-flow issues. Add to these the possibility that your financiers will back out and customers will likewise be turned off. Indeed, if you are a small company, you may find that the lawsuit will put your fledgling business in danger. If you’re an employee who filed a lawsuit against your company, you may also face a scary prospect – drained finances, job opportunities that are few and far between and mounting bills with no financial lifeline in sight.
Cue Lawsuit Funding
If you are in this situation, stop and think about how lawsuit funding can help. Lawsuit funding can help you strengthen your position so that you don’t have to accept an early settlement and continue on with your quest for winning your case. Even though commercial litigation may be expensive, the potential worth of a lawsuit may reach well into the hundreds of thousands or even millions. That is, if you are able to hold out long enough.
What is Lawsuit Funding?
Lawsuit funding provides funds before a verdict is reached. It allows you to organize your resources and obtain the capital you need for the company even as you need to direct some funds for expenses related to the lawsuit. It allows you to concentrate on doing your business, without worrying how you can manage your cash flow. Commercial lawsuit settlement funding allows you and your lawyer to negotiate for a bigger cash settlement.
With commercial lawsuit funding, your company can:
- Maintain operations – pay for your people, overhead, as well as variable and fixed costs related to your operations and production
- Expand the business – invest in growing your business and thus keeping the confidence of your major stakeholders (your employees, investors, customers and creditors).
- Service debts
- Maintain the financial stability (both of the company and your personal finances)
Simply put, a complainant of a lawsuit who has decided to go for the big guns does not need to fear the prospect of losing their company, a company he has worked hard to establish.
How Lawsuit Funding can Help
Here are some of the ways that lawsuit funding can help in your commercial litigation:
1. Maintain normal cash flow and even have room for expansion. There is no need to tie up assets in loans.
2. Have money to strengthen the case – paying for trial costs, the fees of expert witnesses and costs related to getting depositions from witnesses.
3. Commercial lawsuit funding is non-recourse funding. This provides you with a win-win proposition. You only pay back the funding if you win the case or if you get into a settlement. In the event that the case is lost, there is no need to return the money you have received. Even though lawsuit funding is often called lawsuit cash advance or lawsuit settlement loan, it is different from a loan, where you have to pay back the money regardless of the results of the lawsuit. And unlike a loan, the funding is based on the strength of the case and not the financial strength of the company.
4. Quick help. FastLawsuitMoney.com has a streamlined evaluation process that will allow you to receive your money in as quickly as 24 hours once your funding has been approved.
Coverage of Commercial Litigation
There is funding available for lawsuits involving:
- Antitrust lawsuits
- Breach of contract
- Breach of intellectual property rights
- Class Action suits
- Copyright or patent infringement
- Disputes with regards to contracts
- Employee disputes – covering sexual or other kinds of harassment, discrimination or wrongful termination
- Environmental litigation (Toxic chemicals)
- Fraud
- Franchise disputes and protection
- Lost profits
- Malpractice (Medical, Financial, Legal, Construction, Accounting, etc.)
- Misappropriation of funds or theft
- Product Liability
- Real estate disputes
- Securities Fraud
- Wrongful death
Lawsuit funding, also referred to as a lawsuit loan can be that lifeline in a long and drawn-out storm. With lawsuit funding, your company can even come out stronger.
Posted on March 29, 2011 by Fast Lawsuit Team
Someone who has filed a personal injury lawsuit may consider either a loan or lawsuit funding to fill in the financial gaps that a personal injury case usually entails. These would usually cover medical expenses, court costs, as well as basic household expenses – rent, groceries and transportation.
There has been some confusion between lawsuit funding and a loan. We don’t blame you. After all, people use pre-settlement lawsuit funding and pre-settlement lawsuit loan interchangeably. Also, both lawsuit funding and loans look pretty much the same. For one, they provide money to applicants. Also, the money may be spent as you wish. These may be the only things in common between the two.
But essentially, these two are different. To put it plainly, lawsuit funding is not a loan. Let us outline the differences.
- Qualification. For a loan, you qualify based on how the lender determines your ability to repay the money you owe them. They will require documents such as your employment record and your credit standing. They will look at your income versus your expected household expenses. The credit standing will also give an indication of how conscientious you have been in paying your other bills and loans. For lawsuit funding, these documents are not necessary. What the lawsuit funding specialist will look into is the details of your case and the possibility of its being settled in the future. He will work closely with the applicant’s lawyer to determine this.
- Amount received. When you are provided a loan, the loan is usually provided based on just how much you are able to pay off. With lawsuit funding, the amount received is based on your future settlement. The usual rule of thumb will be 10% of the expected settlement, but this will depend on the policies of a particular lawsuit funding provider, as well as the discretion of the person processing the application.
- Processing time. Since the requirements are not as stringent with lawsuit funding, it usually takes less time to have your lawsuit funding application processed.
- Charges. With a loan, there are upfront charges or application fees. With lawsuit funding, charges are based on the agreement between the applicant and the lawsuit funding provider. There are also charges for lawsuit funding and this will be based on the entire contract amount. Interest is applied in various levels, depending on the perceived success rate of your case. It is best that you compare these two to see which is the better deal. Generally, though, a loan from a bank or credit union will be less expensive than lawsuit funding. However, you should also consider one plus factor of lawsuit funding – it does not require a credit check and is thus easier to obtain.
- Payment. With a loan, monthly payments start almost immediately. You need to make these payments regardless of the result of the lawsuit. Otherwise, your credit rating can take a negative hit and you can find yourself slapped with collection proceedings from the lender. Lawsuit funding, on the other hand, is non-recourse debt. This means that should you lose the case or should the case fail to settle, you don’t need to make a payment for the money you received from the lawsuit funding provider.
Now that the differences between lawsuit funding and the so-called “lawsuit loan” has been cleared up, it is best that you should weigh the advantages and disadvantages of the two. When you are involved in a personal injury lawsuit, it can be financially challenging.
Being able to obtain cash at the crucial time may very well spell financial disaster or survival. Please remember that the personal injury may have been serious enough to result in a considerable amount in medical expenses. The personal injury may also result in a disability (whether permanent or temporary) that may cost you your job. Having the money on hand may prevent the foreclosure or repossession of your home, or the need to declare a bankruptcy. Also, this provides you with peace of mind, knowing that you have the funds to cover you and your family’s basic needs.
In most situations, it may be hard to get a loan – especially if you have already lost your job due to your injuries. If you are considering getting a settlement loan or funding, FastLawsuitMoney.com has a quick and easy application process that will enable qualified applicants to get the funds usually within the day. This can help you get the money you need so that you and your lawyer can fight to get the maximum settlement you deserve.
Posted on March 15, 2011 by Fast Lawsuit Team
Tragedy struck the Kothari family when their 2-year old son died from meningitis caused by the Bacillus cereus bacterium. The toddler actually was on the mend after a benign cyst in his brain was removed. However, instead of getting well, the child suddenly was vomiting and having seizures. In just a few hours, he was brain dead.
It could just have been another unexplained heartbreak were it not for the fact that a relative pointed to them a curious fact, one that she picked up from the regular updates on product recalls and other reports from the U.S. Food and Drug Administration. One notice talked about the recall of alcohol pads from Triad because the pads were found to be infected with the Bacillus Cereus bacterium. The recall was particularly urgent because it may make immune-suppressed and surgical patients to infections that may be life-threatening.
The alcohol pads manufactured from Triad were routinely used to clean the tube attached to the child’s spinal column. The tube acted as a drain for fluids so that these will not build up and put pressure on the brain.
The bereaved family has filed a defective product lawsuit against Triad. Of course, this lawsuit will not give the grieving parents their beloved child back, but it is one way to get justice for their child, as well as to make other people aware of the danger of the Triad alcohol pads. People may have these pads in their medicine cabinet. And since the recall was made just through the FDA website but not to more public forums, there may be more people who are not even aware of the risk.
Defective Product Lawsuits
The Kotharis’ lawsuit is just one example of a defective product lawsuit case. This kind of lawsuit may be quite complicated – it will require the testimony of doctors and other medical personnel. And since the company being sued is more likely than not a large company who has a lot of legal experts at their disposal, they will naturally mount a serious defense. You can just imagine how long the lawsuit will last. It will not just take months, it may stretch to years. The other party may also decide to lengthen the process a bit by filing appeal after appeal. The accused’s insurance company will, more likely than not, be glad to help them drag their heels regarding the lawsuit settlement.
When the lawsuit stretches on and you don’t know just when it will settle, you (the complainant), may find yourself in a financial quagmire. The legal costs will be considerable – funds will be needed to pay related costs in taking witnesses’ depositions as well as the fees of expert witnesses. Even if the lawyer agrees to advance some legal expenses, there will still be some costs you will pocket.
The financial quagmire may even be more problematic if the victim of the defective product is the breadwinner. The surviving family is left with medical bills, funeral and burial costs, as well as the prospect of facing the future knowing that a main source of the family’s income has been cut off.
Fighting the Goliaths
The financial problem you face may cause you to sign off your rights towards the maximum value of the lawsuit. The other party may try to get you to sign up and settle the lawsuit out of court and at a considerably smaller amount (think pennies on the dollar). They know that the victim’s family may be facing financial difficulties and will not be able to survive a lawsuit that stretches on for years.
Your lawyer knows that in most cases, the settlement offering is not in your best interest. But due to the financial state you and your family are in, you are forced to sign just because you need the funds so badly. Think about it as jumping into the frying pan just to get out of the fire.
When you are faced with this situation, you can look into one source for help – lawsuit settlement funding. This can provide you with money to help ease your financial worries. Think of it as a lawsuit loan or a lawsuit cash advance. You are using the expected value of the lawsuit as your collateral.
But take not that this is not a loan. With a loan, you will be required to demonstrate that you have the means to pay the loan. You can do this by showing your credit rating and proof of employment. However, because you and your family are currently in dire financial straits, your credit rating may be low enough so that you will be denied your loan application. Also, with a loan, you will need to pay for the amortizations almost immediately and should continue to pay regardless of the outcome of the lawsuit.
With lawsuit funding, you are only required to pay back the agreed upon amount if your lawsuit settles. This means that if you lose the lawsuit, you are not obligated to pay back the money you received from the pre-settlement lawsuit funding.
FastLawsuitMoney.com is one such pre-settlement lawsuit funding provider that has since built its reputation for being fair in its dealings and quick in its processing. Once you are deemed eligible for lawsuit funding, you can expect to receive the money fairly quickly. Some get to receive their cash within the next 24 hours after approval. The fight against manufacturing giants will not be easy, but with the help of lawsuit funding, you can have the means to see the lawsuit all the way through.
Posted on March 9, 2011 by Fast Lawsuit Team
The seas and lakes are great playgrounds. On these waters, you can enjoy peace and solitude on a kayak or canoe. You can also get your adrenaline rush while you are zipping along in a Jet Ski or motorboat, or better yet, trying to do stunts while you are waterskiing. You can go fishing and try to catch the “one that got away”. You can test your mettle against the waves by surfboarding or explore natural marine treasures by scuba diving. Or, you can just cruise along with your sailboat and enjoy the wind in your hair and the refreshing smell of the sea. There’s a lot of fun to be had in the waters!
However, this playground can also be dangerous. Statistics from the US Coast Guard show that there are thousands of boating accidents within any given year. These include water crafts like boats, sailboats, wake boards, cruise ships, water skis, para sailing equipment, surfboards, fishing boats, deep sea diving equipment or water trampolines.
Boating accidents include someone falling overboard, the watercraft capsizing, sinking, swamping or flooding or collisions with other boats or other floating objects. It may also involve an exploding watercraft, carbon monoxide poisoning or accidents while someone was being towed by a fast-moving watercraft. These accidents may cause severe injuries (such as spinal cord injuries, the loss of a limb, lacerations, abrasions and broken bones) or even death.
Boating accidents are usually caused by the following:
- Human error. People who are operating a boat should be responsible enough to have the right amount of skills and focus to control the boat. Like driving a car, operating a boat or watercraft has its own set of rules and regulations. If you are operating a boat, you should make sure that you have had training and sufficient practice. You must also make it a rule never to use alcohol or drugs while you are operating your watercraft. If you are found guilty of negligence, you will be held liable for the other party’s personal injuries and property damage. If you are found at-fault in the incident and are discovered to be under the influence of drugs or alcohol, you may also be held criminally liable.
- Equipment or Mechanical failure. As a sailor, you should be conscientious of your watercraft’s condition. Many accidents have been cause by a faulty fuel or electrical system or a weakened hull. To ensure your boat is safe and seaworthy, be sure that it is equipped with at least the basic safety and navigational systems. These include communication systems, fire extinguishers and fire alarms, lights, masts and rigging. You should also regularly maintain your watercraft and ensure that all systems are in their proper working order. The boat should also have a flag that let’s other boaters around know there is someone who has fallen in the water so they don’t get too close.
- Weather or environment. There are times when accidents cannot be prevented due to the fact that the cause is not controllable. However, there can be entities (even the government) that can be found liable because of their failure to secure floating objects or to post proper warnings. To prevent accidents due to bad weather, you as the sailor should practice care and sensibility. Be sure that your boat is moored securely and at a considerable distance from other boats. Also, be sure to regularly check the weather so as to avoid unnecessary trips out to sea when the weather is bound to be bad.
You can do your best to make the seas safe for you and other water-lovers. However, this cannot guarantee that you are completely safe from accidents. Even if you are an able and conscientious sailor or fisherman, you may be involved in a boating accident and the mishap that injured you may be due to no fault of your own but through someone else’s negligence or carelessness.
In these instances, you are eligible to claim for compensation – either from the careless boatman or from his insurance company.
You may need to file a lawsuit to seek the justice you deserve and the monetary compensation for it. When you file your lawsuit case, you need to prove that the other party is at fault – either by his negligence, error or malicious intent.
To help you ensure that you have a good case, you should remember these:
- File a report to the Coast Guard or agency that has the authority over the area where the accident happened. Ideally, the report should be filed within 2 days of the date of the incident.
- Document your injuries. Get the doctor’s report. You can also take pictures of the injuries.
- Take down the names and contact details of eye witnesses. This may help to further bolster your claim.
- Document the scene. Take pictures of your boat, the other party’s boat, the scene of the accident. These will give an indication of who is at fault in the boating mishap.
- Get a lawyer that is experienced with boating accidents.
A lawsuit covering a boating accident (as you can see from above) can be complicated and time-intensive. You may have to wait for months or even years for the case to be fully heard and settled. Aside from considerable damage your watercraft may have sustained, you may have to pay for huge medical bills for your injuries. Also, you may have to spend for expenses related to building your case.
At this trying time, it may be helpful to look into the possibility of getting lawsuit funding. Many also call it settlement advance, lawsuit settlement funding, or a lawsuit loan. However, these do not exist and are not the proper terms. You see, unlike a loan where you will have to pay it back, no matter what, lawsuit funding is a non-recourse funding. You will only need to pay when the case is settled. In the event that you lose the case or the case is not settled, you don’t have to pay back the money given to you by lawsuit funding. Lawsuit funding also does not require credit or employment checks.
Personal injury lawsuit funding provides you with the funds you need while you are waiting for the lawsuit to settle you with your compensation. You can get such funding through FastLawsuitMoney.com, which is one of the leading providers of lawsuit settlement funding. Call us, and a lawsuit funding specialist will be on hand to help you get started towards receiving your funds when you need it.