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Suing for Compensation for Assault and Battery

Posted on June 8, 2013 by Fast Lawsuit Team

Personal injury lawsuits are not only for injuries accidentally caused by another party’s negligence or careless acts. They can also be for intentional acts such as assault and battery, aside from felony or misdemeanor charges that may be included. Victims of assault and battery can sue for compensation for the injuries they sustained. In some states, the damages may also include punitive damages, especially if it can be proven that the offender acted with malice and with deliberate intent to harm the victim.

Assault and Battery: What’s the difference?

These two can come separately or together. However, it is important to note that these are two separate offenses. Basically, assault is defined as any threat or intentional act to harm or cause injury to another person, where the victim has reasons to fear for his safety. There is also the possibility and the ability to carry out the threat if preventive measures are not made. One can sue for assault even when there is no touching or actual contact involved and even when there really was no actual ability to inflict harm, such as a person trying to scare you with a realistic-looking toy gun. Although the rules covering assault and battery differ from state to state, for most states, the threat of harm would be enough.

Battery, on the other hand, involves actual contact. The person being sued actually touched or struck you in an attempt to do you harm. It involves offensive or harmful contact by the offender where the harm can be:
-  direct and immediate (the offender directly causes injury, such as his punching the victim in the face)
-  indirect and immediate (the offender does not have to make direct contact but was the source of the offensive contact, i.e. throwing a rock at someone)
-  indirect and remote (the offender set a trap, which injures the victim a few days later)

Assault and battery can come in a number of forms:
-  Assault with a deadly weapon. The offender uses a deadly weapon to threaten or to harm. Examples of deadly weapons include a gun, knife or baseball bat. This is often considered a criminal act.
-  Assault and battery. This starts with a verbal threat that is followed by the actual use of physical force to injure. This is often considered a criminal act.
-  Aggravated battery. The injuries sustained by the victim was caused by the use of a deadly weapon. This is often considered a criminal act.
-  Domestic Assault and battery. This is assault and battery involving family members. Depending on the injuries sustained, this can be a misdemeanor or a criminal offense.
-  Sexual assault and battery. The threat and actual use of force to perform sexual acts that are against the victim’s will or without his consent. This is often considered a criminal act.

Assault and Battery injuries are usually sustained during:
-  Thefts and robberies
-  Riots and fights
-  Fights in public places (sports arenas, neighborhoods, bars, schools)
-  Domestic violence
-  Altercations with the police where police brutality is allegedly involved
-  Sexual assault and rape

Who can you sue?

You can sue:
-  The person who actually committed the act
-  The person who ordered the act to be committed
-  Property owners who fail to properly screen employees, where the employees are guilty of assault and battery
-  Property owners who failed to provide adequate security to prevent assault and battery from happening in their premises

What can you sue for?

If you are injured due to an assault and battery incident, you can seek compensation for:
-  Medical expenses (current and future) to treat the injuries sustained
-  Loss of income/loss of job
-  Expenses related to your recovery (i.e. therapy, adaptive equipment)
-  Related expenses (i.e. the cost of childcare)
-  Pain and suffering

While you are waiting for your assault and battery lawsuit to settle, you can get access to funds through lawsuit funding. Also referred to as lawsuit settlement advance, this provides you with money you can use to get the treatment you need, pay for your household needs, as well as build a strong case against the offender.

Usually, it is the urgent need for money that causes victims to settle for a lower compensation amount. With a lawsuit advance, you don’t have to do this. What’s more, the lawsuit settlement funding is based not on your employment or credit standing, but rather on the merits of your lawsuit. FastLawsuitMoney.com has streamlined its processes so that once your application is approved, you can get the money in as quickly as 24 hours.

Dram Shop Claims: Liquor Seller, Beware!

Posted on May 8, 2013 by Fast Lawsuit Team

Relaxing and having fun, for some, invariably involves alcohol. There is something about that rich liquid running along your system to get you into the mood. The enjoyment of being with your buddies, swapping stories about your day, cheering on a friend’s success or celebrating a deal you have recently closed is taken up an extra notch when you add alcohol into the mix.

That is why a lot of establishments – pubs, bars, restaurants, and clubs have alcohol as part of their offerings. There are also liquor stores and wine shops that provide a wide range of choices for both the beer guzzler and the wine connoisseur.

These establishments are required to obtain a license from the local government for them to be able to serve liquor. They should also ensure that they do not sell their liquor products to someone who is intoxicated nor allow drunk customers to drive. This will prevent them from being held liable for a dram shop claim – where their serving of alcohol has contributed to a car accident that caused harm and physical injury to individuals.

What is a dram shop claim?

Bars and other establishments that serve liquor should refrain from serving more alcohol to someone who obviously has had enough to drink. Bar tenders and servers must be adequately trained to serve liquor in a responsible manner. Otherwise, the establishment will also be held responsible for DUI incidents resulting from their serving the erring driver.

A DUI incident may have catastrophic consequences. The damages involved may not be sufficiently covered by the drunk driver’s car insurance. Some victims, in an effort to fully recover the damages due them, also run after the establishments who provided the liquor that contributed to the driver’s inability to drive as he should.

A dram shop claim can be proved by showing:
-  Proximate cause. The victim of the DUI accident needs to show that the driver was drunk at the time of the accident. The influence of alcohol resulted in the accident and since the establishment served the alcohol that caused the driver to get drunk, the establishment is also liable.
-  Sale of liquor to minors. A claim can also be made against an establishment that sold liquor to a minor or to persons who failed to show valid ID.
-  Illegal sale of liquor. An establishment can also be held liable for a dram shop claim if it sold liquor without a license or selling the liquor after the specified hours.

Dram shop claims can also be applied to assault and battery lawsuits or to other acts of the drunken customer that resulted in the personal injuries of other parties. For instance, if the drunken customer got into a fistfight and injured some other customers, the restaurant who served the liquor can be liable through a dram shop claim. The dram shop claim can only be applicable to other parties – there will be no liability if the drunken customer hurt only himself.

Dram shop claims can be challenging.  There are statutes of limitations involved. The victim must file the lawsuit against the establishment before a specific period. The lawsuit should also be able to show proof of sale of the alcoholic drink by the establishment, statements of witnesses (that can testify that the establishment over served liquor to the driver), as well as police reports that contains indications that the driver was served high levels of alcohol. For some states, there are also limits as to the amount of compensation that the establishment should be liable for.

Getting Financial Help While You Recover

Your recovery will not only be your physical recovery. You also need to recover the damages your personal injuries caused. This will mean filing a personal injury claim against the drunk driver, as well as a dram shop personal injury claim against the establishment that served the alcohol. While you are waiting for your lawsuit to be heard and settled, it may be a good idea to consider getting lawsuit funding.

Getting treated and recovering can drain you financially. And while you are recovering from your injuries, you may be unable to earn an income. You may even lose your job. It may be tempting to accept low settlement offers from the driver’s (as well as from the liquor establishment’s) insurance companies. With your financial situation, you may feel that you have no choice but to sign off on your rights to claim for the amount that is due you by law.

A lawsuit settlement advance will help you negotiate for fair and just compensation from a position of strength. With the money you have from the lawsuit loan, you can say no to compensation that you know is far below your actual medical expenses and damages. You can get lawsuit funding from FastLawsuitMoney.com – it has since built a solid reputation for streamlined applications processes. With FastLawsuitMoney.com, you can get the much-needed cash within 24 hours from the time the lawsuit funding application has been approved.

Recovering Damages from Skiing and Snowboarding Accidents

Posted on November 18, 2012 by Fast Lawsuit Team

Woosh! Woosh! The pure, powdery snow is a joy to behold for snowboarding and skiing enthusiasts. There is something unreal and utterly enjoyable about gliding speedily across blaringly white snow, the cold wind in your face and your hair and the feeling of freedom and exhilaration this brings.

Sadly, though, it’s not all fun in the snow. Skiing and snowboarding accidents can be more common than you think. After all, these sports are inherently dangerous. According to statistics, more than 150,000 are seriously injured in the ski and snowboarding slopes annually. In addition, there are 40 ski or snowboarding-related deaths and about the same number disabled or paralyzed. Annual medical bills for injuries caused by skiing or snowboarding accidents have exceeded the $250 million mark.

Skiing and Snowboarding Risks

Skiing and snowboarding is about speed and stunts. As one gains proficiency in skiing or snowboarding, he would want a higher level of challenge to test his skill. Skiers and snowboarders know the risks of their sport of choice. These risks include:
-  Risk of avalanche
-  Collisions with other people in the trail or snowboarding area
-  Collisions with objects
-  Falls (especially from ski lifts)
-  Accidents caused by defective equipment
-  Accidents caused by lack of adequate signs and warnings
-  Accidents caused by inadequate instruction from the instructor

If you are lucky, you can get up from these accidents none the worse for the wear, able to brush off the snow and have another go at the slopes in an effort to redeem your wounded pride. Sometimes, you will have to deal with a twisted ankle, a bum knee or minor scrapes and bruises. In some instances, though, the accident may cause catastrophic injuries that will radically change your life. This can include severe facial or spinal cord injuries, brain damage, disablement or even death.

Most states, in recognition of the high-risk status of skiing and snowboarding, have already instituted limits that injured skiers and snowboarders can recover from their injuries. However, there are still instances where a personal injury lawsuit can be filed in an effort to claim compensation for slope hazards that are non-obvious and unmarked.

These non-obvious hazards include:
- The failure of the ski resort owner or operator to maintain the equipment
- The failure of the ski resort owner or operator to mark obstacles that you might bump into (especially if you’re going downhill)
- Faulty design of the ski or snowboarding terrain (especially if you’re going downhill)
- An instructor bringing you to a ski or snowboarding slope that is more difficult than your current ability
- Unmaintained slopes where there are rocks, dirt patches, tree branches or other debris present
- Collisions with other skiers or snowboarders who were acting in a reckless manner (in this instance, you can file the lawsuit against the skier or snowboarder who caused your injuries)
- Faulty equipment (where you can sue the one who rented the equipment out or if you bought the equipment, the manufacturer of the defective product)
- Falls from lifts, if these are caused by defective design, operator negligence or faulty maintenance

In most of the hazards stated above, the ski resort operator or owner is the one who is liable for the damages.

Compensation for a skiing or snowboarding accident personal injury lawsuit

You can file a personal injury lawsuit for your skiing or snowboarding injuries to claim compensation for:
-  Medical expenses (including future expenses) in the treatment of the injuries
-  Cost of therapy and rehabilitation
-  Other out-of-pocket expenses
-  Lost income, diminished earning capacity or job loss
-  Loss of consortium
-  Pain and suffering
-  Disability or disfigurement
-  Exemplary or punitive damages

The Complexities of a skiing or snowboarding accident personal injury lawsuit

Personal injury lawsuits covering skiing or snowboarding accidents can be complex.

“Assumption of risk defense”. The party you are suing may raise the defense that you already knew the risks involved with skiing or snowboarding yet you participated in the sport anyway.

Statute of limitations. There is also a statute of limitations where you can only file your personal injury lawsuit within a certain period of time, usually two years. After the statute of limitations has expired, you can no longer seek compensation for your injuries.

Limits for amount of compensation. Please also note that in some states have limits to noneconomic damages related to skiing or snowboarding accidents. Colorado has imposed a maximum limit of $500,000 for noneconomic damages.

Lawsuit funding. After you file a personal injury lawsuit, you can also seek for financial help via a lawsuit loan. This provides you with quick access to funds that you can use for your treatment, recovery and other concerns.

Lawsuit cash advances are provided by companies such as FastLawsuitMoney.com to help hapless victims of personal injury move on more quickly, even as they wait for their lawsuit to be settled. This kind of funding is non-recourse funding, where you are only expected to pay the money back once your lawsuit is settled.

Personal Injury Basics: Recovering From Your Injuries

Posted on November 12, 2012 by Fast Lawsuit Team

An unfortunate event can leave you severely injured. The injury can come from any number of reasons. You can suffer from food poisoning while eating at your favorite restaurant. You may be visiting a friend and get bitten by his German shepherd. You can be rear- ended while driving home from work. You can slip or trip while getting your groceries.

All of these can result in broken bones, serious head or spinal injuries, lost limbs or disfigurement. And these injuries may require long and painstaking hours in treatment and therapy so that you can recover fully from them.

The mistakes and carelessness of others may have resulted in your injuries but you can still recover. What is important is that you can get back on your feet and continue living life to the fullest.

The Road to Recovery

It is important to keep these in mind to help you with your recovery:
-  Don’t delay treatment. Even if you feel “fine” after an accident (i.e. a rear-end collision or a slip and fall), it is best to seek medical treatment. Seeking immediate medical treatment will help prevent further complications on your injury. This is also one way to prevent the erring party from turning the tables and saying you did not seek immediate treatment and thus worsened your injuries.
-  Continue with your treatment. Remember that during emergency treatment, the full extent of your injuries may not be readily seen. Thus, follow ups with your doctor is necessary.
-  Stay positive. Of course, the situation is hard, especially when the accident is something that could have been prevented if the other party had been more careful. But keeping a can-do and positive mindset will also have a positive impact as your recuperate.
-  Get financial help. After you have filed your personal injury lawsuit, consider applying for lawsuit funding from reputable companies such as FastLawsuitMoney.com. Remember, your recovery may require you to spend a considerable amount in treatment and therapy. With the money from a lawsuit cash advance, you can get the necessary medical interventions and therapy to help you recuperate fully.
-  Get help from others. You may need help at the home front while you are recovering. For instance, you can seek housekeeping or childcare services to help you take care of the house and the kids while you are not able to do so yourself because of your injuries. The money you get from the lawsuit loan could also help pay for these.
-  Be honest about the pain you’re feeling. This is not a time to soldier on and paste a smile on your face, even when you are feeling pain, or even episodes of depression, trauma or fear. Along with a medical professional that will treat your physical injuries, you may need the help of another professional to address any psychological effects of the accident and your injuries.
-  Don’t force the recovery. Don’t put too much pressure on yourself to be up and about. Get the help and advice of your therapist to gauge whether you are ready and able to go back to work. Forcing the recovery and getting back to the job when you are not mended fully will only worsen your injuries.

Going back to work after the accident

An accident and the resulting injuries can make you question whether you are able to lead a productive life. However, being able to go back to work is one important step in your full recovery – not just physically but also psychologically. To do this, you should:
-  While recovering, keep in touch with your employer for them to know how you’re doing and when they can expect you back, if ever. This will help them make any necessary adjustments to help make your return to work easier.
-  Have a professional evaluate your physical condition and how it may affect your ability to perform specific tasks. He may recommend further therapy or treatment.
-  If your injuries leave you unable to perform your previous work-related tasks, you can look to whether your employer can provide you with a different set of tasks.
-  Go on a comprehensive program that seeks your complete vocational rehabilitation. Seek retraining or further education when an alternative occupation is warranted.
-  Don’t take on too much when you go back to work. Rather, do your “comeback” in phases. If your employer will allow, work for a few days a week before you go “full swing”.

Financial Recovery

Those who were negligent and caused your injuries should also be held responsible and should provide you with fair and just compensation to help you with the process of moving on. You can do this by filing a personal injury lawsuit against the persons responsible.

Your personal injury lawsuit will include a demand for compensation for:
-  Medical expenses and doctor’s fees, both present and future expenses
-  Outpatient care and therapy
-  Services of medical professionals, such as nurses, occupational therapist and social work
-  Services of non-professionals, such as those in charge of housekeeping or childcare
-  Lost income and loss of a job
-  Compensation for pain and suffering
-  Compensation for loss of consortium (or the enjoyment of companionship (including spousal comfort, assistance and sexual relations) because of your injuries
-  Compensation for the diminished capacity to enjoy the things one used to enjoy

With the help of a lawsuit settlement loan, you can continue with your lawsuit without the financial worries that can hamper your recovery. You can fight for the compensation that can help you pick the pieces of your life and enjoy it anew.

Victimized by a Medication Mistake? Here’s some Personal Injury Lawsuit Information

Posted on October 25, 2012 by Fast Lawsuit Team

Has your health been compromised because of a medication error? Was the prescription you thought could make you better actually caused a series of other health problems? You are not alone.  According to statistics from the FDA, there are around 1.3 million cases of medication errors annually. Out of these, 7,000 of the cases result in death.

Prescription errors fall under medical malpractice. It is something that should have been preventable, but due to the negligence of persons (doctors, nurses, pharmacists, chemists, etc.), you suffered from personal injury. Medication errors usually occur in hospitals, clinics, pharmacies, nursing homes and similar facilities.

Some examples of wrong medication and prescription errors include:
-  The doctor prescribed the wrong kind or amount of medicine – he prescribed a medicine that had contraindications, he miscalculated the dose, he failed to consider any allergies before prescriptions and so on.
-  The doctor failed to prescribe a medicine that is normally given based on the symptoms of the patient – this may be linked with the failure to correctly diagnose the patient’s condition.
-  The doctor did not write legibly and clearly so that units or dosage can be misread
-  The nurse dispensed the wrong kind or amount of medicine
-  The pharmacist dispensed the wrong medication.
-  The doctor prescribed a medicine that caused known side effects of a medicine and he failed to act by having the patient discontinue taking the medicine.
-  Incorrect labeling or similar packaging
-  A simple error of mistakenly reading the units (i.e. reading milligrams instead of micrograms)

Filing a medication error lawsuit

It is important to show that it is the wrong medication or failure to follow a prescription that directly resulted in your injury. Your medical professional owes you a duty of care, and you need to prove that his negligence or willful act is a breach of that duty and because of that breach, you suffered from harm. If the medical professional only exercised ordinary and reasonable care, the harm you suffer could have been avoided.

If you have discovered a prescription error, be sure to:
-  Secure documentation. Keep the prescription, as well as labels, the packaging of your prescription medicine and relevant receipts. You should get a copy of your medical records at the time of the incident, as well as your medical records while you were being treated for the prescription error.
-  Secure the testimony of expert witnesses. This is an effort to show that the medical professional failed to exercise reasonable care.
-  Avoid making statements. The hospital or pharmacy may attempt to get your recorded statement. Avoid providing any statements, especially without the advice of your lawyer.
-  Provide quick notice. If the medical practitioner involved is an employee of a governmental entity, you must give that governmental entity written notice of claim within a specific number of days beginning from the date that the medication error happened.
-  File the lawsuit as soon as possible. It is necessary to act fast since there is a statute of limitation governing prescription errors. After this period has passed, you can no longer file for compensation.

You can claim for compensation for the following:
-  Medical costs
-  Lost income (both present and future)
-  Pain and suffering
-  Physical impairment or disfigurement
-  Loss of consortium
-  Wrongful death, including funeral and burial costs

It is important for you to ask your lawyer’s help to provide you with a good idea of just how much your lawsuit is worth. The other party may try to offer you a settlement that is way below the fair and just compensation you should receive. You may even be tempted to accept such an offer because you are already in dire financial straits.

But the good news is, you don’t have to be. You can avail of lawsuit funding to help you have cash at the time you need it. Lawsuit loan, as it is also called, provide you with non-recourse funding. This means that you only need to pay back the funding if your lawsuit settles.

FastLawsuitMoney.com provides such lawsuit cash advances. It enables you to apply for the funding without too much hassle. They just need to get the details of your case from your lawyer. You can quickly get the funding, sometimes within the day the application is approved.

Personal Injury Basics: Loss of Essential Services

Posted on June 29, 2012 by Fast Lawsuit Team

A personal injury is like a pebble being thrown into a calm lake. Although you feel the disturbance at the initial impact, the ripples it creates may last longer and extend to other areas of your life. When you are injured and recuperating in the hospital, there are other losses that you have to consider, aside from the obvious financial impact of the hospital bills.

Due to the injury you sustained, you and your family will suffer from a loss of income, financial loss related to the need to equip your home with adaptive equipment, as well as the need to hire a nurse or caregiver. Aside from this, your family losses not just the joy of your presence but also the essential services you provide.

A parent not only acts as the family’s breadwinner, he or she is also a caregiver – a cook, driver, housekeeper, and so on. Your injuries may prevent you from providing these services to the people you love.

If you have been injured and are now suing another party who is liable for your injury, you can also include loss of essential services in your claim.

There is a “cost” involved. Keep in mind that although you don’t charge your family for the essential services you do, it will cost you a specific amount if you hired someone else to mow the loan or cook your family’s meals.

Computing for the claim. The claim for Loss of Essential Services can be computed by the essential services you provide and what it would reasonably cost for someone else to do it for you. For instance, you used to drive your children to school, clean the house and prepare the meals but because of a serious back injury or even a soft tissue injury, you are in too much pain to do these after the accident. You can add the cost of hiring a housekeeper/driver to your personal injury claim. One other way of computing for the loss of essential services is computing for your current costs and deducting the usual costs involved in your performance of the service. For instance, if you were the designated cook in the family and your family had to dine out because you can no longer cook, the other party does not have to foot the whole food bill, only the difference between what you now pay for your food and what you used to spend when you were the one doing the cooking.

Justifying the expense. To make the claim payable, you should also be able to justify the need for having someone else do the work for you. Your injuries are such that you can no longer do these things, not that you no longer want to do these things.
-  Tasks were previously done by you. You need to show that you have always done these things prior to the injury. If you can show that you have always been doing the household chores (i.e. other parents in your child’s school can testify that you drove the kids to school or your lawn was always well-maintained), then it shows that you are to be compensated with the loss of the services you used to do.
-  The doctor certifies your inability to perform the tasks. You also need to show that based on the doctor’s reports, you are now unable to effectively do the tasks you need to do. The doctor should justify the fact that you are in pain and that the pain and your inability to do your usual chores are a direct result of the injury you sustained. Then, you can show that the injury was due to the accident for which the other party is liable.
-  Document. It will be helpful to obtain receipts for the services you paid for, to help justify your claim.

Getting help

While you’re waiting for the lawsuit to settle, including the cost of the loss of essential services, it may be helpful to consider getting lawsuit funding to help with your current financial worries. The cash you can get from a settlement loan can be used to pay for essential services, as well as help cover the cost of your hospitalization and day-to-day living.

You can apply for a lawsuit loan from FastLawsuitMoney.com and get the ball rolling towards getting the funds you need. Once your lawsuit cash advance application is approved, you can soon get the funds without having to worry about paying it back should the lawsuit fail to settle.

 

The Smoking Gun: Establishing Liability

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.

Wrongful Death and Lawsuit Funding

Posted on March 10, 2012 by Fast Lawsuit Team

The death of a loved one is a tragic event. It is even more tragic if it was caused by another person’s negligence or willful, malicious act. There is a mixture of unbelief and anger. There is grief, knowing that you can never enjoy the lost loved one’s presence and companionship. There may even be worries about the future, especially if the one who passed away was the family’s breadwinner, or at least, contributed to the household income.

What is Wrongful Death?

A wrongful death usually results from an accident, defective product or medical malpractice. The person or entity that is guilty of the death is called a tortfeasor and is liable to pay monetary damages to the victim’s survivors. Tortfeasors may be a negligent shopkeeper, an employer, the driver involved in the car accident, the maker of a faulty product, a doctor, or someone who committed a crime that resulted in the victim’s death.

Wrongful death lawsuits can be brought against a wide variety of people, such as the driver at fault in an automobile accident, a negligent employer, the manufacturer of a faulty or dangerous product, or a violent criminal.

The elements of a wrongful death suit include:

-          The death was caused by an act of negligence or an unjust action of another (either partly or wholly)

-          There is liability on the part of the erring party

-          The victim is survived by dependents who suffer a financial and emotional as a result of the death. The survivors must show a clear relationship to the victim.

-          There is financial loss that resulted from the death (lost income, the value of lost services, lost medical benefits, etc.)

Who can file a wrongful death claim?

It is important to understand that the persons allowed to file a wrongful death claim against a loved one will vary from state to state. Usually, it is only the spouse that can claim.  In some states, this can extend further to children, parents and siblings.

Here are some people who may file a wrongful death claim (depending on the state where he will file the claim):

-          A parent or appointed guardian of a minor. He may sue for compensation as guardian ad litem. However, most states specify that the child should first be born alive and then died. This means that in some states, there is no wrongful death suit to be filed for the death of a fetus.

-          Extended members of the family. This may be allowed depending on the situation (i.e. the case of a child’s death, where parents are no longer living and the grandparents are the ones who are raising the child). On the other hand, the death of the elderly may not warrant a claim against the loss of nurturing, guidance, parental care or financial support since most family members have already been grown up at that time and are self-supporting. However, the family members may claim for loss of future inheritance if the elderly relative is still working at the time of his death.

-          Legal dependents (i.e. aged parents/grandparents) who receive support or care from the lost loved one.

Family members cannot file against another family member. There may be criminal charges filed but no wrongful death suits. For example, if a spouse died as a result of being battered by the other spouse, the children cannot claim for damages for wrongful death. Only those who are not related to the defendant may file a claim.

What is included in a wrongful death claim?

Survivors can claim for:

-          Medical bills (while the victim was living)

-          Funeral expenses

-          Loss of future income or wages (this is computed from the time of the victim’s death up to his expected retirement)

-          Loss of retirement or pension benefits

-          Loss of medical coverage

-          Loss of inheritance

-          Pain and anguish for the survivors

-          Loss of consortium (i.e. the enjoyment of the victim’s companionship, care and protection)

-          Monetary value of the victim’s contribution to the household (maintenance work, childcare or housekeeping, cooking or driving the kids around).

-          Punitive damages (in some cases)

When deciding about the damages, some considerations are given towards the victim’s person – his lifestyle, character, health condition and earning history.

Lawsuit Funding for Wrongful Death Claims

A wrongful death claim can be a long and drawn-out affair. There will be discussions about future earnings, the victim’s history and personality and other details that will be included in the claim. It may take a while for the lawsuit to finally provide the victim’s family the funds they need. Meanwhile, bills are mounting and the family still has to pay for the mortgage, the daily expenses and the children’s education.

The good news is that a family can turn to lawsuit funding to help tide them over and provide for their needs. A family’s needs can’t wait for the lawsuit to settle. And they certainly don’t need the financial worries on top of the grief they are experiencing. The settlement loan can be used to pay off medical bills, funeral expenses and so on.

FastLawsuitMoney.com provides families and individuals with a lawsuit settlement advance during a trying time of their lives. FastLawsuitMoney.com is committed to provide a streamlined applications process. The funding is also non-recourse, meaning you don’t have to pay it back in the event that the lawsuit fails to settle. The applications also require very little legwork and paperwork on your part. Once the application is reviewed and approved, you can expect to receive your funds within the day.

 

Passenger Accidents and Lawsuits

Posted on November 27, 2011 by Fast Lawsuit Team

You are riding on a bus when, crash and boom, your bus gets into an accident and you are injured. Or, take the case of the Colorado man who rode in a car driven by someone who felt like racing, lost control of the car. The passenger suffered from severe injuries to his hand that needed several surgeries.

The thing about being a passenger is that you have very little control over what happens since you don’t hold the steering wheel. However, the results of the accident may be just as serious, just as painful. Injuries incurred by passengers include broken or fractured bones, soft tissue injuries, a broken shoulder, broken ribs, head injuries and so on.

As a passenger, you have the right to demand for compensation for the injuries you have sustained, as well as the emotional trauma and stress that you may suffer.

If the driver at fault is the driver of the vehicle where the passenger is riding, then the passenger can file a claim against that driver and his insurance carrier. If the driver of the other car caused the accident, then the passenger can file a claim against the erring driver and also against is insurance carrier.

The Passenger Accident Claim

What can you claim for?

-          Medical expenses. This does not only include your doctor’s professional fees and the bills in the hospital. This includes the cost of medicine, physical therapy, laboratory fees and other fees related to your recovery and treatment. Medical expenses also pertain not just  to expenses now but to future medical expenses.

-          Related expenses. This includes expenses that arise out of your injury. For instance, if your caregiver needs to take time off from work to tend to you at the hospital, this should be included in your claim. This also includes the need to pay for childcare or housekeeping services, the expenses for traveling to and from your doctor’s clinic or the therapy center, recovery costs for counseling and so on.

-          Loss of income. Even if you have filed sick leave for the days you are in the hospital or for the days you are recovering, you are entitled to compensation for loss of income. If, eventually, you lose your job as a result of your injury, this should also be compensated.

-          Pain and suffering. Although it is hard to place a price tag on the trauma and pain you will endure due to your injuries, a judge or a jury will try to set a certain amount to compensate you for your suffering.

As you can see, it is important for you to carefully consider how much you stand to receive as fair and just compensation. Do not be attracted to a settlement offer that seems big at the onset. It is highly possible that when you sit down and take a careful look at what the personal injury has caused you, the offer may not actually fully compensate you.

Lawsuit Funding

However, when you do decide to file a lawsuit for your claim, you must have resources backing you up. This is what the other side may be counting on. When you see your medical bills, household expenses and debt piling up, you may be forced to settle for a lesser amount than what the lawsuit is actually worth. And, once you sign off on the claim, you do not have any right to pursue your claim further if you discover that you need additional compensation down the line.

This is where lawsuit funding can be helpful. This allows you more “rope” to continue with your passenger accident lawsuit while still keeping free from financial pressure. This way, you can see your lawsuit through to the end. Or, you can negotiate with the insurance company for the compensation you deserve.

When you apply for a lawsuit settlement advance, you do not need to present your employment or credit records. You will need to present the details of your case to help the lawsuit funding company to evaluate whether you are eligible for funding or not. For some companies like FastLawsuitMoney.com, once your application is approved, you can have your cash in as quickly as 24 hours!

The good thing about lawsuit settlement funding is that it is non-recourse funding, meaning, the funds are only payable if your lawsuit is successful. You don’t have to pay the lawsuit funding company back if your lawsuit fails to settle.

 

Lawsuit Funding for Truck Accidents

Posted on November 24, 2011 by Fast Lawsuit Team

Accidents involving trucks (including tractor-trailers, delivery trucks, semis, light trucks and large trucks) result in around 3 million accidents every year. The sheer size of the trucks results in a high number of fatalities every year, yielding some 5,000 deaths. This may involve cars being rear ended by trucks that lost their brake, vehicular accidents where the driver failed to see the other vehicle or pedestrians being run over. Other cases involve a truck turning into a driver’s path even if that driver had the right of way, being hit by cargo or tire parts that get detached from the truck or a truck jackknifing or rolling over the other vehicle. Recently, a tragic accident happened in Michigan where a boy was killed when an ice cream truck reversed and the driver was not aware that two boys were still playing at the back of the truck.

Truck accidents happen due to several factors, which include:

-          Loss or failure of brakes or wheels

-          Driver fatigue or inattention, as most truck drivers travel long distances

-          Improper loading or overloading of the truck

-          Over speeding

-          Tailgating

-          Driving under the influence of drugs or alcohol

-          Steering wheel problems

-          Poor truck maintenance

-          Driving under difficult conditions (slippery roads, heavy traffic)

-          Reckless driving on the truck driver’s part (including driving while texting and disregarding traffic signs)

When truck meets car or pedestrian, the usual result is that the truck usually wins. The weight of the truck (and its cargo) causes the higher impact on the other party during a collision. There is a higher risk of injury or death for the driver and passengers of the other vehicle. The injuries resulting from the truck accident may include soft tissue injuries (i.e. whiplash), bone fractures, damage resulting to the loss of a limb, herniated spinal disks, serious head injuries, head and brain injuries and in worst cases, death.

The impact of a truck accident can create a serious financial burden for the family, not to mention the pain and suffering that is inflicted upon the truck accident victims. The medical expenses can be quite substantial, especially if the accident necessitated surgery. There are also related expenses, such as the need to pay for housekeeping or childcare services, transportation costs of going to and from the hospital and so on. The victim will also have to miss work while getting treated and during the recovery period.

Filing a truck accident lawsuit

When it is clearly the truck driver’s fault, the injured party can file a personal injury lawsuit against the driver and his insurance company. Please note that you may not sue for damages when you are the one who caused the accident.

The lawsuit will demand for compensation that includes:

-          Medical and doctor bills

-          Recovery and physical therapy costs

-          Loss of income and/or loss of job

-          Counseling and therapy costs

-          Compensation for trauma, pain and suffering

When filing for a truck accident lawsuit (as well as applying for lawsuit funding), be sure to get the following information or documents:

-          Police report, including statements of witnesses

-          Photographs of the scene of the accident, including photographs of the surrounding scene for reference purposes

-          Medical reports (doctor’s report, diagnostic reports such as X-rays, CAT Scan and MRI reports)

-          Records of medical and related expenses

The issue is that, often, the truck accident lawsuit can take months or years to get settled. This can make things financially difficult for the injured individual and his family, particularly when they are living from paycheck to paycheck. The medical bills will make a serious dent on the finances of the family. This is where lawsuit settlement funding can help.

Lawsuit funding (or lawsuit loans, as some call it) can provide a victim and his family with a stopgap. The proceeds can ensure that the victim gets the medical care he needs while his family is provided for in terms of food, shelter and other basic needs. One can also use the proceeds from the lawsuit funding to pay for debts.

When you are applying for a lawsuit loan, it is important to work with a reputable lawsuit funding company with a fast turnaround time such as FastLawsuitMoney.com. FastLawsuitMoney.com can do the legwork, evaluate your lawsuit and once you are approved, you can get your cash in as quickly as one day.