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Personal Injury Basics: Loss of Consortium

Posted on March 22, 2012 by Fast Lawsuit Team

A car accident, a defective product or a slip and fall and other injuries produces two kinds of victims. A personal injury does not just affect the victim himself but also the people around him – his spouse and children in particular. After all, the injured person is not the only one undergoing stress and trauma, as well as a particular kind of loss.

When one is severely injured, or worse, dies, as a result of an accident or catastrophic event, things will never be the same. When a car accident renders a man disabled, his son can no longer enjoy shooting hoops with him or going on camping trips with him. When a doctor’s mistake results in some brain damage, the victim’s wife can no longer enjoy quiet nights talking with her husband or having his help with the discipline of the children.  When the accident results in death, this may mean that a daughter will never experience the joy of walking down the aisle with him during her wedding.

This particular loss, in personal injury law, is called loss of consortium. This is awarded to a victim or a victim’s loved ones who are deprived of the benefits and enjoyment of a familial relationship as a result of the victim’s serious injury and subsequent disability or death. In some states, it is simply defined as the loss of the ability to enjoy a “normal relationship” with a spouse or loved one.

Instances when Loss of Consortium is Awarded

A victim or his loved one is entitled to loss of consortium damages, as far as money is able to compensate for such a loss. It is important to note, though, that the rules covering the amount for loss of consortium damages may vary by state or by jurisdiction. For instance, when a victim dies, there are some states that allow parents, siblings or children to sue for loss of consortium. Other states may only award loss of consortium damages to the spouse.

The instance by which it is payable may also vary. Depending on the jurisdiction, loss of consortium damages may need to be filed separately by the victim’s loved ones. On other jurisdictions, the loss of consortium damages is awarded to the victim or his estate and added as part of a personal injury or wrongful death claim.

Areas covering loss of consortium

Some areas where loss of consortium may be payable include:

-          Inability to participate in sexual activity

-          Inability to participate in the family’s activities

-          Loss of companionship, care and affection

-          Inability to work to contribute to the family’s finances

-          Inability to contribute to the household’s maintenance (i.e. fixing a leaking sink, mowing the lawn or cooking meals)

-          Inability to help in parenting and childcare

Loss of consortium and Privacy

If you are considering filing a claim for loss of consortium, you must also consider the fact that this may mean a loss of privacy for you and your spouse, particularly with regards to your sex life. The intimate details of your sexual activities will be made subject to close scrutiny. It is important that you consider this and discuss this aspect with your lawyer so that you can weigh the advantages and the disadvantages.

Loss of Consortium and Lawsuit Funding

Whether loss of consortium is filed with a personal injury claim, a wrongful death claim or as a claim filed by the victim’s loved one, it is important to consider finding help when you can get it. When a lawsuit is still pending in court, it may be tempting to consider accepting the other party’s settlement offer. This is when you need money to pay for your medical treatment or funds to cover your spouse’s funeral and burial.

During this difficult time, worrying about money is the last thing you need. When you are caught in a rock and a hard place, there is another option – to seek lawsuit settlement funding. This can help you get much-needed funds to cover important expenses while your lawsuit is still pending settlement.

The advantage of lawsuit funding is that eligibility is not based on whether you have a good employment or credit record. Rather, approval for “lawsuit loans” (as they are often called) is determined through the merits of the case. Also, the money is only payable upon the settlement of the lawsuit. When this does not happen, you are not obligated to pay the money back.

For your lawsuit funding needs, you can trust FastLawsuitMoney.com. We have built our reputation by providing quick and reliable processes in our bid to help you get access to cash you need, when you need it.

 

Floating Nightmares: Lawsuit Funding for Cruise Ship accident victims

Posted on February 1, 2012 by Fast Lawsuit Team

This is your dream vacation. You have looked at plenty of brochures and selected the cruise ship you liked best. You have saved up for it and exercised thoroughly for a bikini-worthy body. And when you first boarded the cruise ship, you were excited that the trip will be full of fun and enjoyment. Alas, your cruise ship dreams have morphed into a nightmare due to a cruise ship accident.

Cruise Ship Accidents

A cruise ship is virtually a city in itself. Aside from your cabin accommodations, most cruise ships will have a sumptuous dining area, more than one pool, Jacuzzis, entertainment rooms, shopping areas and so on. Cruise ships are equipped with a lot of safety devices and are staffed with people that are well-trained and well-versed in safety measures. However, equipment can fail, the staff can make mistakes or perform acts of negligence.

As a result, accidents and untoward incidents happen. These include:

-          Being shipwrecked

-          Running aground, collisions with other boats

-          Falling overboard

-          Physical assault resulting from the ship’s lack of security

-          Slip and fall accidents

-          Faulty or poorly maintained equipment

-          Drowning accidents

-          Burn injuries

-          Food poisoning

-          Sexual assault or harassment

The results of these incidents may be catastrophic. One can sustain serious physical injuries or worse, be a victim of wrongful death. Just recently, a luxury liner figured in a major accident when the captain steered the ship too closely to the coast of the island of Giglio in Italy. As the ship hit a reef and was starting to sink, panic ensued and some passengers jumped into the water. As a result of this human error, a number of passengers lost their lives while others were injured. The owner of the luxury owner will surely find itself faced with a profusion of personal injury lawsuits, even as there were complaints that the crew members and staff were slow in their responses to the crisis.

Protecting your rights when injured in a cruise ship

The rights of a cruise ship’s passengers and crew are stringently protected by maritime law. Cruise ships are required to follow the Coast Guard Rules and Regulations. However, since these maritime requirements as well as contractual laws and common laws may vary from state to state and from country to country, filing a lawsuit against an erring cruise ship line may be complicated. When you are thinking of filing a cruise ship accident lawsuit, you may need the services of an attorney that is experienced in handling such lawsuits.

Here are some of the things you should do in case you are a victim of a cruise ship accident:

-          Inform the ship’s crew and doctor immediately.

-          Document the scene of the accident. Take pictures, especially of elements that may have caused the injury. Take pictures of the injury as well. List down names and contact details of witnesses – both from the crew or the passengers.

-          Request for the incident report. Make sure that you keep all the documentation you get from the liner.

-          Once the ship’s doctor has seen you, ask for the copy of the medical records and any related documentation before the end of the trip.

-          If you feel the effects of the injury after the trip has already ended, remember that there may be a short statute of limitations by which you can file a claim and by which you can inform the cruise ship company of your injuries and their extent. The statute of limitations, as well as other details of the contract are usually printed in the ticket so be sure to also hold onto the ticket.

-          Once you return home, get a second medical opinion.

-          Avoid talking to the claims representatives of the cruise line.

Funding for Cruise Ship Accident Lawsuits

One thing’s for sure, cruise ship lines are big companies with big-ticket lawyers. Coupled with the lawyers from their insurance company, you have quite a battle ahead of you. This may be especially frustrating and stressful if you are unable to work due to the injuries you have sustained.

The pressures from the lawsuit as well as financial pressures may build up so that getting a quick settlement (even one that is less that the claim’s full value) becomes an acceptable option.

But you don’t have to settle for less than the compensation you deserve. You can have the cash to hold on and keep up the fight by getting a little help through lawsuit funding. Lawsuit funding is a quick and easy way to get cash for you to pay off any debts, medical bills, court-related costs, as well as your family’s day-to-day expenses.

FastLawsuitMoney.com provides you with lawsuit funding. Also called a lawsuit settlement advance or a settlement loan, this is non-recourse funding, meaning, you don’t have to pay it back if the lawsuit fails to settle. FastLawsuitMoney.com provides lawsuit cash advances with competitive rates and a streamlined application process. You can receive the cash in as little as 24 hours after your application has been approved.

 

 

How Lawsuit Funding can Help In Commercial Litigation

Posted on November 18, 2011 by Fast Lawsuit Team

It’s a dog-eat-dog world out there – and businesses can fall into that same world. Sometimes, businesses find themselves as victims of a legal breach or a business dispute and in turn as complainants in a commercial lawsuit against another business.

For instance, if the software you bought from a vendor crashes and a large percentage of your business information is lost, how do you pay for the cost of data recovery and the purchase of another operating software while you are suing the erring vendor? What happens when another business commits a breach of contract and reneges on a crucial aspect of your operations? How do you deal with the effect this could have on your operations, pacify customers, and manage the negative image this event can give to your business, even as you are spending to strengthen your breach of contract lawsuit?

The effect of a lawsuit on a business

The challenge of a commercial lawsuit is that this may bleed the company (and even the owner’s) assets dry. Money that is supposed to support the company’s operations or fund the company’s growth is often diverted to spend for the lawsuit. You need funds to cover your operating expenses and payroll, as well as buy equipment or inventory.

Yes, business lawsuits may turn out to be expensive affairs. They may seriously hamper the operations and financial health of your business, especially if you are taking on a business that has deep pockets and the lawsuit stretches on for months or years before the settlement is in sight.

And since a lawsuit is unsure, there may be problems with finding more funding. Investors will be hesitant to put in funds due to the uncertainty of the results of the lawsuit. Existing investors may even pull away, so may customers and suppliers.

Kinds of commercial lawsuits

Commercial lawsuit cases usually cover offenses such as fraud, copyright infringement, intellectual property violations, unfair competition, libel and slander, disputes in real estate, consumer fraud, breach of contract, or product liability.

Breach of Contract Lawsuit. This is when the failure of the other party in a contract (whether written, implied or given verbally) to meet the terms of the contract results in damages to the complaining party.

Copyright or Intellectual Property Infringement Lawsuit. This happens when an entity makes use or copies your material (music, writings, research, artwork, product, designs, patents or trademarks) for commercial gain without your consent. You may be a software company that suffered from financial loss due to other business’ copying of your programs and selling them as their own. You may be a producer of publications and books, where someone copied the contents. You may be a music recording company who lost out on sales because there are entities that sell bootlegged copies of what you legally own.

Libel and slander. This pertains to false statements given that results in damage to a business’ reputation so that they are exposed to the condemnation, contempt and hatred of the public. This could result to a loss of sales or a hit on the business’ public image which may result to the withdrawal of investors.

Defective Products. For commercial lawsuits, this covers mostly products related to the course of the business operations such as machinery and equipment, defective raw materials, construction products and the like. When defective products result in personal injury or wrongful death, the victims have the right to sue for damages.

How Lawsuit Funding can Help

At this particularly troubling time, the company and its officers may be tempted to accept a settlement offer that is far from the lawsuit potential worth – which may turn to hundreds of thousands or even millions.

The good thing is that businesses can also turn to lawsuit funding to help support their cash flow and ensure their stability even as they are waiting for the lawsuit to settle. This buys the company more time to build a stronger case and perhaps negotiate for a settlement from a position of strength.

With access to commercial litigation funding, businesses can continue with their operations and expansion even as they await the verdict of the lawsuit. In today’s tough economy, it is a comfort that a small business has some help in fighting for what is right. A business owner does not have to worry that the business he has built from the ground up will see its end just because of a commercial lawsuit.  Commercial lawsuit loans are available based not on the business’ capacity to repay the “lawsuit advance”, but on the merits of the case.

 

Fatal Car Crashes and Lawsuit Funding

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.

 

 

Determining the Value of a Personal Injury Lawsuit

Posted on September 1, 2011 by Fast Lawsuit Team

A personal injury lawsuit is about seeking for just and fair compensation for harm and injury someone has sustained and suffered. The purposes of the compensation may include paying enough in order to “restore” a person to his pre-injury standing as well as to “punish” the erring party for his negligence or malicious act.

So the question is, how does one determine the value of a personal injury case? How do you know that a settlement is fair and just for the injured party?  A trial will mean that you are leaving the judge or jury to determine the value of the lawsuit – different juries may mean different settlement amounts.

However, there are some things that the court takes into consideration when determining the compensation value of a personal injury lawsuit. And these factors also will help you determine whether you are eligible for litigation funding so that you have funds and be able to negotiate the settlement, if both you and the other party are willing to settle:

-          Liability. It is important to show who is liable for the personal injury that you have suffered. When you file this lawsuit, there should be a clear line of evidence to show the other party’s culpability. If it can be shown that you also have a partial share of the liability, in some states, this will mean that your “part” of the blame may proportionately decrease the amount of the settlement.

-          Type of injuries. The more serious the injury and the more long term or extensive the treatments needed, the higher the settlement. Generally, soft tissue injuries (whiplash, strained tendons, etc.) which are sometimes considered to be “minor” injuries may get lower settlements as opposed to more obvious injuries such as broken bones or tissue loss. A more obvious injury (ones that are easily visible) may also point to a higher settlement because there is also the element of psychological trauma, feelings of insecurity and embarrassment inflicted on the victim.

-          Age of the victim. Age is taken into consideration on account of the number of years the person has yet to be productive. For instance, a younger victim will usually mean a higher settlement because his life is just about to begin and he has so much potential in store for him. On the other hand, an older person (especially those above 60 years of age) will generate more sympathy from the jury because of his age and frailty.

-          The victim’s and the culprit’s personal record. The court may also look at your history to see whether you have a criminal record or have had problems with the law yourself. This may be unfair as this is unrelated to the injury but this is what some courts will also consider. The court may also look into the culprit’s record. If he has committed similar mistakes in the past or has issues with the law, the settlement may be larger as compared to someone who has a spotless criminal and civic history.

-          Level of expenses involved. You as the complainant should also prove the amount of financial loss or expenses incurred due to the injury. These can include:

  • Hospital exenses
  • Therapeutic care
  • Non-medical damage (i.e. the need to hire househelp or child care, transportation expenses to and from the hospital, etc.)
  • Lost wages, including lost vacation or sick days

-          Prevailing laws of the state. It depends on the state where you filed the lawsuit. If you file in a no fault state, lawsuits involving car accidents and other incidents may not be filed unless the injuries sustained are serious (i.e. fatal, causing permanent disfigurement or disability). If your case falls below this level of seriousness, your insurance company may have to step up to provide some level of compensation. This means that damages will not include pain and suffering sustained as well as punitive damages.

-          Limits. You should also remember that there are some states that have limits as to the amount of damages awarded for pain and suffering and punitive damages.

How Lawsuit Funding can Help

As you can see, depending on the type of lawsuit you have, a potential lawsuit settlement may be substantial. It depends on whether you have the means to wait for the settlement to come. The other party may offer to settle the lawsuit for far less and you may be tempted to accept the offer due to pressing financial needs.

This is where lawsuit funding can help. Also referred to as a lawsuit settlement advance, this provides ready cash as you await the settlement of the lawsuit. With the funds you have, you can negotiate from a position of strength with the other party (and their insurer) and have the resolve and resources to push through with the lawsuit.

Lawsuit settlement funding is non-recourse funding. That is, it is a no-risk litigation funding where you will only be required to pay if the settlement pushes through. If the lawsuit is lost or fails to settle, you don’t have to pay back the lawsuit cash advance provided.

One reliable provider of lawsuit funding is FastLawsuitMoney.com. FastLawsuitMoney.com can provide much-needed funds very quickly. Depending on the strengths of your case, you can easily get approval and once approved, the money can be in your hands in as quickly as 24 hours.