Posted on October 31, 2012 by Fast Lawsuit Team
Your elderly loved one needs constant care. Age has caused him or her to need the care that may not be available in your own home. That is why the family has decided to place him or her in a nursing home. The nursing home or a long-term care facility is especially equipped to assist your elderly loved one through the daily tasks of life – moving from one room to the other, bathing, walking, and finding entertainment. More important, a nursing home usually provides in-home nursing supervision, as well as an on-call doctor.
You have placed your loved one in a nursing home because it is, you believe, the best place for them. Sadly, though, some nursing homes are guilty of negligence in providing the attention, care and supervision that an elderly person needs. And because elderly persons are physically weak, they are especially vulnerable to abuse.
These abuses can come in the form of:
- Neglect. The nursing home and its staff should regularly see to the needs of their residents. This includes ensuring that their residents are given the proper amount of food and water, giving their medication as prescribed, ensuring that they are clean and providing emergency care when needed. In addition, the nursing home should ensure that there is adequate supervision and safety devices to prevent falls and accidents.
- Poorly equipped facilities. The lack of equipment such as wheelchair ramps, adequate lighting, emergency call buttons, bedrails and so on can result in falls, slips and other accidents.
- Lack of supervision. The management of the nursing home is responsible for making sure that their staff is behaving in a professional manner. Supervision also includes ensuring that facilities are properly maintained.
- Physical abuse. This can be willful acts of physical abuse, giving corporal punishments, overly using restraints
- Financial abuse. There are cases where nursing home personnel have wormed their way into a resident’s will.
- Sexual abuse. This can include improperly touching a resident’s private parts or having sexual relations with residents.
- Emotional abuse. This can come in the form of verbal abuse, scaring patients into following or involuntary seclusion. The staff’s failure to respond to calls for help so that a resident is made to wait for hours on end, wondering when help will come, may also be a form of emotional abuse.
Abuse can result in:
- Painful bedsores
- Broken bones
- Malnutrition and dehydration
- Irregular medication/medication errors
- Overuse of sedatives
- Psychological and mental scars (i.e. depression, anxiety, etc.)
- Physical deterioration, including the deterioration of a resident’s ability to perform daily tasks (such as dressing, bathing, going to the toilet, moving from one room to the other, communicating, etc.).
- Urinary tract infections
- Brain injuries
- Wrongful deaths
If you notice the following signs with your loved one, it is best to look more deeply into the situation. Here are several signs of nursing home abuse:
- Physical signs. Weight loss that may be too rapid and unexplained, signs that he is being overly restrained, falls, injuries and bruises, bed sores and weak and atrophied muscles.
- Emotional signs. Changes in personality, becoming depressed, uncommunicative or fearful.
- Sexual signs. Bruising in delicate parts (things, breasts, abdomen, etc.), bleeding or infection in the genital area, sexually transmitted disease.
Laws covering nursing homes
There are federal and state laws that protect elders. This includes the duties and responsibilities of nursing homes and other elderly care and assisted living facilities. Nursing homes are required to pass rigid quality standards, as well as obtain a license from the state. People who provide care to the elderly, such as nurses, doctors, therapists, orderlies, nursing aides and other nursing home staff are legally required to provide reasonable care and treatment to the elderly.
The Nursing Home Reform Act. Passed into law in 1987, this outlines the rights of residents in nursing homes. They have the right to humane treatment and to their dignity. They also are given the right to exercise self-determination and receive the highest “practicable physical, mental and psychosocial well-being”.
Filing a Nursing Home Abuse Lawsuit
A resident, if he is considered mentally fit and able to testify, can file the lawsuit. However, it is usually the relatives of the resident who files the lawsuit on his behalf. The nursing home should be held accountable for their negligent and willful acts. You can file for compensation for medical bills, as well as pain and suffering.
Being involved in a personal injury lawsuit can be particularly trying. It can also drain the family’s finances. During this time, you can consider applying for a lawsuit loan. The funds you can receive from a lawsuit cash advance can be used to provide your loved one with medical treatment and therapy, as well as transfer him to another nursing home.
When considering getting settlement funding, be sure to go with a trusted and reputable provider, such as FastLawsuitMoney.com. It has simplified its application process so that you don’t have to be burdened with paperwork and legwork. Also, as soon as your settlement funding is approved, you can get the cash in as quickly as 24 hours.
Posted on May 25, 2012 by Fast Lawsuit Team
A hotel signifies luxury, comfort, a home away from home but only better (since you’ll be paying an arm and a leg for it). Depending on the number of stars in the hotel’s ratings, you know you can expect a certain level of services and amenities. A hotel gives you a haven particularly if you are away on business or on vacation. Some even opt to stay in a hotel nearby for a “staycation”. People stay in a hotel fully trusting that there will be no disruptions caused by accidents or injury.
However, accidents and injuries do happen in hotels. The question is, can guests sue for damages when these happen?
Premises liability and hotels
Hotels have a responsibility not only to see to the comfort and needs of its guests, but also to ensure that guests are safe and secure in their premises. Hotels and similar establishments can be held responsible if a guest gets injured due to the hotel’s failure to secure the premises from risks. This also includes negligent acts made by people under the hotel’s employ.
Guests are “invitees” under the premises law. The guests are invited or attracted to come to the hotel (i.e. dine in its restaurants, hang out in the coffee lounge or stay the night) so that the hotel can earn an income from these activities. As such, the hotel has the responsibility to provide the highest duty of care.
The hotel is expected to:
- Maintain the premises and ensure its safety
- Provide adequate security measures to prevent break-ins, theft and assaults. This includes making sure that guards are in key areas, there is sufficient CCTV monitoring and locks in hotel rooms and safes are maintained.
- Provide sufficient lighting and ensure that the floors and steps are clear from obstructions and are not slippery
- Make the necessary repairs to prevent defects and potential hazards, especially those that are known or are reasonably discoverable (i.e. repair loose carpeting that might cause someone to slip and trip). This includes stairs and elevators.
- Provide sufficient signs to warn guests of potential hazards (i.e. place a sign on a wet floor)
- Ensure that the pool has adequate safety measures (trained pool staff, warning signs on the depth of the water, enough rescue devices such as floaters)
The term “hazards” not only cover those that are visible but also apparent hidden hazards or dangers.
Showing Hotel Negligence
If you are a victim of an accident while you were in a hotel, you can file a lawsuit against the hotel to claim for damages. This includes:
- Food poisoning
- Slip and trips
- Drowning incidents
- Insect infestation
- Criminal assaults, including assaults made by hotel staff and other guests
- Thefts and break ins
- Accidents involving elevators, escalators, staircases and stairwells
- Injuries caused by poorly maintained equipment
However, you need to show that the hotel was indeed negligent and as a result of that negligence, you experienced bodily injury. What you need to prove is that the hotel was remiss in providing reasonable care corresponding to the level of care expected from them.
For the claim to be admissible, you need to show that it was the hotel’s actions or inactions that caused the injury. For instance, if you slipped on some water spilled by another guest, the hotel may not be liable. However, if some time has passed after the water was spilled and the hotel failed to wipe the spill up, then the hotel will be liable.
Another important element is that there should be harm suffered as a result of the negligence. You as the complainant should be able to show that you experienced injury or loss. This includes medical expenses for the injury, pain and suffering, lost income or wages, loss of use (of a body part) or loss of companionship.
Acts of hotel employees
A hotel can be held liable for its employees’ acts based on the legal theory of “vicarious liability”, that is, a hotel can be sued for compensation for the harmful actions of hotel employees while these actions were made within the scope of employment (i.e. the employee spilled some water on the floor and forgot to wipe it up, which caused a slip and trip accident). A hotel can be also made liable for assaults caused by employees who were hired without proper screening.
It is important to note that the liability stands even if the actions were contrary to hotel policy or hotel management did not have supervision or direct control of the situation and the employee at the time the injury occurred.
Limits of hotel’s responsibility
Depending on the law in the state you are in, a hotel is not liable
- When the hotel’s fault cannot be established for the injury
- For lost deposit amounts due to unconfirmed reservations
- When guests are evicted due to safety and operational reasons
- For lost valuables when these are not placed in the hotel safe and sufficient notice with regards to valuables are posted
- For drowning incidents when “no lifeguard” and other related warning signs are posted
- For natural disasters and calamities when there are appropriate safety and evacuation plans that were implemented
Suing for damages
The burden of proof lies on the one suing for damages. Hotels, most often than not, will deny liability with regards to their negligence. It may be challenging to provide the evidence necessary to back your claim for compensation. Before you consider filing for a lawsuit, it will be good to first consult a lawyer about it.
Also, filing a lawsuit against a hotel for your injuries may be a long and drawn-out process. You can expect to wait months and even years before you can get the lawsuit settlement. Meanwhile, you will have to pay for medical expenses and struggle to provide for your family’s daily needs even while you are recovering from your injuries.
Here is where lawsuit funding can help. With a lawsuit cash advance, you can start putting things back to normal while you await the settlement of the lawsuit. This means you are able to pay your hotel bills, mortgage and any other loans. This means you don’t have to worry about your family.
Another advance of a lawsuit loan is that it is non-recourse funding. Unlike a loan where you are required to pay regardless of the outcome of the lawsuit, a settlement loan becomes payable only upon the settlement of your lawsuit.
Posted on February 23, 2012 by Fast Lawsuit Team
Driving under the influence. Even though people know the dangers of doing it, and have seen countless ads reminding them about it, it seems that alcohol still has the power to make people do something completely foolish and hazardous.
2010 statistics show that over 30% of fatal accidents involved drunk drivers, with a higher percentage happening starting midnight to 3 a.m. In the same year, the practice of drunk driving has claimed the lives of 459 people. Simply put, it simply is not a good idea to entrust a vehicle to a person impaired by alcohol – it turns the vehicle into a lethal weapon.
The question is, when filing a drunk driving lawsuit, who is considered liable? Well, the obvious answer would be the driver. Even with the influence of alcohol, a driver should know full well that he should ask a designated driver to take the wheels. Having possession a driver’s license is both a privilege and a responsibility and one of a driver’s legal responsibilities is not taking the wheel when under the influence of alcohol.
However, aside from the drunk driver, there are also other parties that can be considered liable. These include:
- Parents of underage drivers (who drove under the influence). The rationale behind this is that parents are ideally the ones who can make sure that their children drive safely. In some states, parents are required to sign the driver’s license application for applicants who are below 18. Also, parents usually are the registered owner of the vehicle and thus present another level of liability. And, if the teen is having behavioral problems, parents are considered liable for the acts of their troubled teens. These troubled teens are those with a history of substance abuse and bad behavior. Some states tend to tack on punitive damages for a parent’s failure to get a misbehaving child some help and strict supervision, particularly with the use of a vehicle.
- Other parents/adults under the social host liability. A parent or another adult who serves alcohol in his home to a minor.
- Bartender or waitress who served alcohol. Restaurant and bar owners, as well as their employees, may also be held liable if the bartender or waiter continued pouring out the drinks for someone who is visibly drunk and allow that someone to drive away.
- Liquor stores, under dram shop liability. Liquor stores may be held liable if they sold alcohol to a person that is already obviously intoxicated.
Being a Victim of Drunk Driving
If you are injured as a result of a drunk driving incident, you can file claims against the erring driver. You can claim compensation for:
- Medical expenses (past, present and future costs of treating the injuries)
- Loss of income or loss of job
- Loss of consortium or wrongful death (for loved ones of a person disabled or killed by the drunk driving incident)
- Disability and disfigurement
- Pain and suffering
- Punitive damages (under some states)
The injuries caused by a drunk driving incident could be catastrophic. It may require you to spend a considerable amount for medical treatment and therapy. By the time you are able to see the settlement of your lawsuit, you may have medical bills piled up. Add to this the fact that your injuries have resulted in the loss of your job. At this difficult time, you will need someone to turn to to give you the cash you need.
Lawsuit funding can help by making it easier for drunk driving victims to have access to cash that they otherwise cannot get through other ways. With settlement funding, families of victims can have the peace of mind that comes from the assurance that they can still pay bills and meet their daily needs, aside from paying the hospital and other medical expenses.
A reputable provider of lawsuit loans would be FastLawsuitMoney.com. We are eager to provide you with quick and easy lawsuit funding to help you go through the drunk diving lawsuit. We understand that you don’t need the added worry of how to pay for the next bill or how to have money for your treatments. You can focus on working with your lawyer to strengthen your case so that you can obtain the compensation you justly deserve.
Posted on 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 December 24, 2011 by Fast Lawsuit Team
Nearly half a million people are injured each year from distracted driving accidents. Distracted driving is a common cause of traffic collisions. This means that a significant amount of motor vehicle accidents causing damage and injury could be prevented if drivers maintained attentiveness on the road.
Driving has become a necessity in the society we live in. It gets us where we are going much faster and more efficiently. But driving can be an extremely dangerous activity, particularly when the rules of the road are not followed, or drivers are distracted. Driving requires the coordinated use of your able arms and body, your eyes and sight, and your mental alertness and attention. A distraction is anything that takes your attention away from a task. In distracted driving, the driver does not have his full attention on the road.
Statistics taken from the United States government Distracted Driving website states that there are three main types of distractions – distractions that involve taking your hand off the wheel, taking your eyes off the road, and taking your mind off driving.
There are several activities that fall under these three categories. Distracted driving includes: texting, using a cell phone, eating and drinking, talking to passengers, grooming, reading, using a navigation system, watching a video, or changing the radio, cd player, or MP3 player.
Of all these, texting is considered one of the most dangerous activities while driving because it involves all three types of distractions – manual, visual, and cognitive. When you send or receive a text, your eyes leave the road for about 4.6 seconds, which, if you are driving at 55 mph, is the same as driving the entire length of a football field blind. You are 23 times more likely to crash if you text while driving.
Driving while on a cell phone reduces driving brain activity by 37%. Studies found that drivers that use hand-held devices were 4 times more likely to get into crashes serious enough to get hurt. Using a cell phone while you are driving delays your reaction time at the same level as if you had a blood alcohol concentration of .08. Headset cell phone usage is not that much safer than hand-held usage, either.
Armed with these statistics, drivers can make the extra effort to drive more safely. It is important to shut off your devices while you are behind the wheel. You can also be a responsible passenger by reminding the driver of safety precautions. It takes very little effort to make the roads safer and thus avoid a great deal of stress, damage, pain, and loss.
If you are the victim in a car accident resulting from the negligence of a distracted driver, a lawsuit may cover property repairs, medical expenses, lost income, and even psychological pain. While you wait for your lawsuit settlement, none of these damages wait with you, or go away. Lawsuit funding can help you meet needs that are immediate and demanding. To see if you qualify for settlement funding, your lawyer can determine the strength of your case and likelihood of winning. A lawsuit loan can help you take care of immediate expenses resulting from your accident and, in any event, you only have to pay it back if you win your case. Don’t let someone else’s negligence pull your life completely apart. You have options.
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.
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 September 10, 2011 by Fast Lawsuit Team
In personal injury lawsuits, one component that is quite hard to determine is pain and suffering. It is difficult to put a monetary value on the pain and suffering – putting dollars and cents on one’s quality of life and the ability to enjoy what the world has to offer. Damages for pain and suffering will try to compensate you not just for the physical pain you suffered but also the mental and psychological trauma the injury has caused.
It is much simpler to compute for property damage – you just have to calculate how much it takes to have the property repaired or replaced and that’s it.With pain and suffering, you are dealing with unique individuals with unique personal histories and pain thresholds. Indeed, what may seem excruciating to one may be just a minor pain to another.
Just exactly how much is your back pain or facial scars worth? Well, it depends on the judge or jury. It will also depend on just how much evidence you hold and how “good” your witnesses are, as well as how effectily your lawyer presents your case. There are no formulas, no “settlement charts” to be consulted. However, there are some factors that will be considered by juries when determining just how much should be awarded for pain and suffering.
Occupation. How much income do you earn prior to your injury? A victim that earns a considerable annual income may result in varying levels of settlement award. One set of jury may think that a high-earning individual is well off enough and may not need a lot of money by way of pain and suffering damages. Yet another set of jury may think that the individual will have lost a considerable amount of income due to the injury and award him higher damages. Also, a simple injury may actually be devastating to some. A knee injury will mean that a famous basketball player can no longer play his favorite sport. It will also effectively end his career.
Age. The age of the victim will also be taken into account. Young victims may heal more quickly. But then again, if the injury resulted in permanent disability, then they will have a longer time to have to deal with their pain and suffering. A person closer to retirement age may be seen as frailer and more apt to suffer from the injury.
Amount of medical expenses incurred. There are some who simply multiply the total amount of medical expenses by a certain number to get the value of pain and suffering.
Kind of injury. The kind of injury will also be considered. For instance, the trauma of a facial injury and its subsequent scarring will more likely cause more suffering than an injury where there is no scarring or the scars can be kept hidden.
The witnesses you also call may also affect the amount of pain and suffering compensation awarded to you. The witnesses you bring will show how the injury has affect your day-to-day living and your enjoyment of it.These witnesses need to show credibility as they narrate how you have suffered – how the injury has affected your family and marriage situation, how your day-to-day activities and hobbies have been limited by your injury, how much pain you are in, and so on.
Working for a Fair Personal Injury Lawsuit Settlement
The goal in filing a personal injury lawsuit is for you to get compensated for your losses, not just financially but also emotionally and psychologically. The other party (and their insurance company) will naturally try to give you a lowball offer, prior to the filing of a lawsuit. It is up to you and your lawyer to try to negotiate for the right personal injury settlemtn that is due you. You may need to apply for a lawsuit settlement advance.
Sometimes, having enough funds throughout the process can help. You can consider getting litigation funding so that you can continue to pay for your daily needs as well as for court costs while the lawsuit is on dock. Lawsuit funding will give you the much-needed funds for you to keep on track and not be tempted to say “yes” to lowball offers from the other party.
Remember, showing the extent of your pain and injury may require a considerable cost to you. You will need to spend for the deposition of the witnesses as well as to call in expert witnesses to give their opinion of your injuries and suffering. A lawsuit cash advance will help fund these expenses as you work to bolster your case.
A lawsuit settlement funding is offered as non-recourse funding. This means no risk funding for you. You only need to pay once the lawsuit settles. For quick and easy lawsuit funding, you can go to FastLawsuitMoney.com. They will evaluate the merits of your case and once you are approved, you can get the cash in as quickly as a day.
Posted on September 7, 2011 by Fast Lawsuit Team
So you were involved in a car accident where someone bumped into your rear fender while he was on the phone. You were jostled a bit but did not feel worse for the wear. He hands you his car insurance information where you claim for damages for your dented bumper. Your doctor prescribed some pain relievers and the pain was gone. And that ends your misadventures with that careless driver – or does it?
Later on, you may discover that your back is hurting something fierce. What you may be suffering from are hidden injuries caused by the car accident.
Soft Tissue Injuries
These are caused by soft tissue injuries in your back, neck and spinal area. Generally, there is some bruising and damage to the tendons, muscles and ligaments of your body. The pain may subside over time or it may continue to cause you suffering and be detrimental to your quality of life or your ability to do your work.
The most common of these injuries is whiplash. This usually results from rear-end collisions and is marked by pains in the neck, shoulder and head, dizziness, stiffness in the neck and burning sensations. Other kinds of soft tissue injuries include tendonitis, bursitis, deep muscle contusions or bruises, overstretched ligaments and joint dislocations.
Soft Tissue Injuries and Car Accident Lawsuits
The problem with soft tissue injuries is that they often go unnoticed and untreated, or, the doctor prescribes some pain killers and once the pain goes away you stop thinking about it.
When it comes to car accidents, it is much easier to detect “hard” injuries – wounds or broken bones. You are able to act accordingly and file a lawsuit to get you compensation for these more obvious injuries. It is also harder to prove soft tissue injuries, as these don’t show in x-rays, CT scans, MRIs and other diagnostic tests usually done after a car accident. These tests usually do not indicate abnormality but that does not necessarily mean that the injury does not exist.
It is important that you remain on the lookout for possible soft tissue injuries following a car accident. Please note that the symptoms may not show immediately – it may take a few days for you to see the symptoms, even for an injury that may prove significant. You will also need to see a medical specialist to ensure that no such injury has occurred.
When filing for a personal injury lawsuit for soft injuries due to a car accident, you can claim for medical costs, as well as financial losses and psychological trauma caused by the soft tissue injury. The claim may include loss of income due to your inability to perform tasks you previously were able to do, as well as how the injury has made a negative impact on your day-to-day living.
When filing for a personal injury lawsuit, you should keep records of the following:
- Police reports and pictures of the car accident and your injuries
- Doctors’ reports and hospital bills, this includes the diagnosis of the injury, as well as the length the treatment is expected to take
- Documentation of how the injury has affected your daily life
- Details of the treatment
Also, you should have gotten medical help immediately after the car accident. That way, the other party cannot assert that the injury was not caused by the car accident but by other incidents unrelated to the accident. It is important to be able to show that the other party is liable for your injuries and loss.
And as you are awaiting the results of the lawsuit and for it to settle, you can consider getting what is called a lawsuit funding or a lawsuit settlement advance.
Lawsuit Funding for Soft Tissue Injury Cases
Lawsuit funding may help in ensuring that you have the necessary funds while you await the settlement of the lawsuit. While you have filed your lawsuit, you may need deeper pockets to fund the lawsuit – the court costs, the cost to hire expert witnesses and other related costs. At the same time, you will have to cover the cost of your treatment and other non-medical expenses (costs of childcare or housekeeping while you are unable to work). This is why applying for litigation funding may be a good idea.
Depending on the state where you filed the claim, there may be considerable lawsuit settlements given, especially to those who suffer from acute pain and will need prolonged medical treatment.
However, due to the challenges posted by filing a car accident lawsuit claiming for soft tissue injury, you must have realistic expectations of getting a lawsuit settlement funding. Remember, lawsuit settlement funding will be based mostly on the merits of the case. It is also helpful to note that laws covering soft tissue injuries may vary from state to state. It is best to consult a lawyer for your best option.
Posted on September 4, 2011 by Fast Lawsuit Team
Car crashes sometimes end in tragedy. Pain and injury may result but worse, it may mean death to an unfortunate driver or pedestrian. It may be due to the fault of another party – a driver who had one too many drinks, a driver who leaned down to answer a phone call, one who fell asleep on the whel and so on. The family of the deceased victim can file a wrongful death suit to claim for damages from the party at fault. This is particularly true for families who have lost a loved one due to another party’s carelessness or negligence.
A death due to a fatal car crash is especially painful to the family due to the violence of the death as well as the unexpectedness of it. Due to that car crash, someone has lost all the potential he has in life in terms of income and enjoyment of his family’s and friends’ company. The family has lost a vital member – and the family will never be the same.
If the victim is also the family’s breadwinner, the loss may also mean a substantial deduction on the family’s monthly income and the family may have to face a foreclosure on their home and/or vehicle.
The financial trauma will be further compounded by the fact that the expenses related to a loved one’s death may be considerable. This includes burial and funeral expenses, hospital bills (if the victim was also taken to the hospital prior to his death) and other related expenses.
Although the loss of a loved one due to a fatal car crash can never be replaced with anything monetary, a lawsuit may be the bereaved family’s way of finding justice.
Getting help for the lawsuit
The last thing a bereaved family should worry about is money. However, financial issues may be among the top concerns of the family, especially if they want to pursue a lawsuit against the erring party.
The problem is that even if the court rules that the family should receive a certain amount in compensation, the process of getting the lawsuit settled may take months, even years.
Some types of lawsuit funding:
Pre-settlement lawsuit funding. Pre-settlement lawsuit funding provides you with funds while you are waiting for the results of the lawsuit and for it to be settled. This provides the bereaved family with the means to negotiate with the other party without being tempted to settle for something less than the value of the lawsuit.
Post-settlement funding. This kind of litigation funding provides much-needed funds when a ruling has already been released but the family is still waiting for the settlement. The family may have already depleted substantial funds during the litigation.
Structured settlement. Families who have received a structured settlement from the other party can also opt for a lump sum or a settlement advance.
Families who suffer a deadly crash that took the life of a loved one should not have to worry about money. This is where FastLawsuitMoney.com can help. FastLawsuitMoney.com can provide what is sometimes referred to as lawsuit settlement advance in order for the family to fight for justice for their lost loved one without having to settle for a lower compensation amount just because of money worries.
This settlement funding is provided on a non-recourse basis. This means that the family does not have to pay anything if the lawsuit fails to settle. The family gets the cash they need without having to worry about how they will pay it in case there is no settlement.
Posted on August 29, 2011 by Fast Lawsuit Team
A car accident is an unfortunate event that may cost you, the victim, quite a lot. It may entail damage to property or worse, physical injuries. The sadder thing is that even when it is apparent that the other party is at fault, the payments may be slow in coming. You may actually need to file a lawsuit just for you to get just compensation for the losses you incur due to the car accident. You may also need to consider getting a lawsuit settlement advance as you await the settlement of the case.
Now, it is important to determine just how much you can expect as your compensation. It is usually easier to determine the value of the lawsuit if it is only property damages that must be taken into consideration. You usually just need to know how much it will cost to repair or replace the dented fender or broken taillights. However, if the claim involves personal injuries, it may take quite some work (and some negotiating) on your part to make sure that you are not short-changed and are fully compensated for the injuries you sustained.
There is a longer list of items to be considered when determining the cost of a personal injury. These include:
- Hospital costs. Depending on the extent of the injury, the bulk of the costs will cover the hospital bills incurred in your treatment. When computing for hospital costs, don’t just compute for the current bills, but also the future hospital and treatment costs in the course of your treatment. The costs should cover hospital or clinic charges, ambulance costs, emergency room fees, dental or chiropractic treatment, prescription medication and over the counter drugs, fees for lab or diagnostic tests and so on. It should also cover the medical supplies used, as well as doctor’s fees, nurse’s fees and surgical fees. The medical damages should also include the cost of therapy, prosthetic implements, medications you will need to take during and after the treatment and so on.
- Related damages. There are expenses related to your car accident injury that may not be medical in nature. For instance, you or your family may need to spend for travel expenses (going to and from the hospital or therapeutic center), as well as other out of pocket costs during your hospital stay. This may also include the payment for household help or childcare during your treatment and/or recovery.
- Adaptive equipment. Your injuries may also impair you in some way that you may need medical or adaptive equipment installed in your home or car in order for you to adapt to your injuries. For instance, you may need to buy a wheelchair and have a ramp built on strategic areas in your house.
- Lost wages/job loss. Your stay at the hospital will also mean days of not being able to go to work. This should also take into consideration lost earnings on overtime pay and sick days. Thus, even if you are paid your salary while you are laid up in the hospital due to the fact that you have claimed for sick days, you can still include the sick days as time lost from work.
If the injuries are such that you can no longer function in your old job, the other party should also compensate you for the loss of your job. If you are self-employed, you may have to prove just how much income you have lost. You should also get compensation if your injuries resulted in the loss of a job, the need to work on a part time basis or the need to get a job at a lesser rate.
- Loss of use, permanent disability or disfigurement. If you become disabled or lose the use of a certain body part, you may have to undergo regular treatments and checkups throughout your lifetime. Your age will play an important role in helping to determine how much compensation will be given with regards to disability or loss of use. Those who are younger usually get higher compensation due to the fact that they will suffer the disability or loss of use far longer.
- Loss of experiences (with regards to family life, your social life and educational experiences). Compensation should also be given for the loss of enjoyment you suffer because you are no longer able to take pleasure in the company of your family and friends or of educational experiences due to your injuries. You are no longer able to engage in activities, sports or even household tasks that you used to do and enjoy.
- Pain and suffering. Among the costs considered for a personal injury, this is perhaps the hardest to put a number on. This may be negotiated upon with the other party before the beginning of a trial or this may be determined by a judge or jury. Pain and suffering should also take into account the mental anguish, depression, embarrassment or stress sustained as a result of the injury. Often, the amount of pain and suffering damages will be based on how much a judge or jury is willing to award.
- Punitive damages. Depending on the state where you filed the lawsuit, you may also avail of punitive damages which are what the other party has to pay as a punishment for his careless or willfull act that resulted in your injuries. The punitive damages are also levied as a deterrent to others. The other party may be charged with higher damages if he failed to act in order to lessen or mitigage any damages he caused. For instance, if he hit you and escaped instead of stopping and bringing you to the hospital, then, the punitive damages will be higher.
Now, it will also be helpful for you to determine how much it will cost you to file your personal injury lawsuit. This can help in determining whether you need settlement funding or not.
- Lawyer’s fees. For one, you may need the help of a lawyer to ensure that your rights are duly protected. When it comes to personal injury lawsuits, you may be able to find a lawyer that is willing to work on a contingency basis. This means that they will notbe paid unless the lawsuit is settled. It depends on how much in contingency fees the lawyer will require. The contingency fee is usually lower if the lawsuit is settled before it comes to trial and higher if the lawsuit goes into trial or is appealed. The advantage of getting a lawyer on a contingency basis is that you won’t need to pay legal fees if you fail to settle the lawsuit. You should also ask when the contingency fee is applied – whether it is charged on the total amount of the settlement or after the cost of the medical bills have been deducted.
- Court costs. This may entail filing fees, the costs in getting witnesses to court, and the deposition of witnesses and so on.
- Expert witness costs. A car accident may need the testimony of experts to show to what extent the other party was at fault. Of course, you will need to cover the costs of hiring an expert witness.
Funding when You Need It
A personal injury lawsuit may mean a considerable amount of money, but it could also mean an extended waiting period you will have to endure as you wait for the lawsuit to settle. Meanwhile, you may suffer from financial troubles as a result of your injuries. It’s a good thing that you can get lawsuit funding from reputable provides such as FastLawsuitMoney.com.
Often called a settlement loan, this provides timely funding at the time when funds are dangerously low and you are tempted to settle for far less than what the personal injury lawsuit is actually worth.
FastLawsuitMoney.com is a trusted provider of Utah lawsuit funding and has helped a lot of victims of car accidents to have funds while they are waiting for the lawsuit to settle.