Posted on April 12, 2012 by Fast Lawsuit Team
If you are a victim of an accident that is someone else’s fault, you can seek redress by suing the erring party for compensation. But, if you have a previous injury, you must remember that it can also affect your personal injury claim.
Did you have episodes of back pain prior to the injury? Did you already suffer from headaches? One thing you can expect is that when you file a lawsuit, the other party’s defense will carefully look at your medical records and find reasons for them not to pay your claim or to at least lessen the amount they have to pay. They can do this by stating that the injuries you are claiming against was actually not caused by the accident but by previous events. When they can do this, the erring party only needs to compensate you for the harm he caused, and not for harm that you have previously experienced.
The “Eggshell Skull”. Under this principle, the adage: “You take the plaintiff as you get them.” applies. For you who have a pre-existing condition and have learned to manage that condition in such way that you are pain-free or are only suffering minor discomfort, you have the right to recover for your losses due to the accident. After all, the accident was not your fault.
Under the eggshell skull principle, falls two rules: The thin skull principle and the crumbling skull principle.
The “Thin Skull” principle. The erring party can try to avoid payment by pointing out that the injury was caused by a previous event. However, if you can prove that your pre-existing injury was actually made worse by the accident, you can file a claim for compensation based on the degree by which the accident worsened the pre-existing injury. The increased level of pain and worsened physical situation is based on the “eggshell skull” principle. Based on this, even if the accident should not have caused such damage under “normal” circumstances (i.e. you are in good physical condition), the erring party is still liable for the injury. Regardless of the fact that you basically walk around with an “eggshell skull”, the premise is that you would have been perfectly fine had it not been for the accident.
For example, if you are already suffering from osteoporosis and you had a minor slip up due to a wet floor inside the mall. The mall operators will be liable for the full extent of the damage and injury you experienced, even if any other person who had the same slip up would just have walked away intact.
The “Crumbling Skull” principle. The erring party only needs to pay you for the degree by which your injury was worsened. For instance, you already have scoliosis and are expected to have episodes of back pain in the future, regardless of whether the accident occurred or not. The erring party is not liable to pay for the back pain. However, if the accident has worsened your bad back so that you need to see a doctor for treatment, the other party is liable for those medical expenses.
Don’t lie about your pre-existing condition. Resist the temptation to hide your pre-existing injuries – there are no secrets in a lawsuit and for the court to find out that you lied or hid facts about your medical condition. Remember that when you file a lawsuit, the other party will be provided with access to your medical records. They will see what your doctor, chiropractor or other health practitioner has recorded about your condition, as well as the statements you gave them. They will also see how often you came for treatment.
Immediately seek treatment for your injury, no matter how minor. If that collision has jostled your previously injured back, be sure to go to the hospital to have it checked. Otherwise, the other party can say that it is due to your negligence and failure to seek treatment that your condition worsened. Don’t fall into the trap of thinking that since you already have the condition before the accident occurred that the accident had nothing to do with the pain you are experiencing.
Pre-existing conditions can make your lawsuit even more complicated. It can also mean that more time before a lawsuit is decided on and settled. Meanwhile, you may be undergoing financial stress because of your medical bills and your day-to-day expenses, even as you are unable to work. You can seek help by applying for lawsuit funding.
FastLawsuitMoney.com provides quick and reputable lawsuit settlement funding. FastLawsuitMoney.com is committed to helping people like you to make sure that you get the compensation you deserve, even with your pre-existing condition. With cash from the lawsuit loan, you can start paying off your medical bills, provide for your family’s needs and ensure that your lawsuit is as strong as it can be.
Posted on April 9, 2012 by Fast Lawsuit Team
Mishaps (a slip and fall, a car collision, a defective product and other misfortunes) can cause all kinds of bodily harm. Getting hurt can mean any of these things:
- Bone fractures
- Soft tissue injuries
- Wounds and lacerations
- Severed limbs
- Disability
The severity of the injuries may necessitate time in the hospital, as well as time for your recovery before you can actually go back to work. As a result, you miss opportunities to earn an income, whether as an employee or a businessperson.
A Loss of Income Claim
A claim for loss of income is one of the important components in a personal injury claim. For employees, this claim is referred to as lost wages. Meanwhile, for businessmen, freelancers, those working on commission, this is called loss of business income.
Loss of Wages
As the one making a personal injury claim, it lies upon you to show proof about loss of income. For employees, this means showing the following:
- Proof that you are employed in the company
- Documentation of daily/hourly wages
- Documentation of the days missed
- Doctor’s report that shows that you are unable to work
Loss of Business Income
It is more difficult to file a loss of income claim for people earning on commission, those who are self-employed, running a business or are independent contractors. It is difficult to pinpoint the amount of lost income. A business may have periods of low income, or no income, as well as peak periods. Commissions may vary from month to month. There is also no employer to verify the amount of income lost. Delays in a freelancers work may mean that he loses the project, but it may be challenging to show how the injury contributed to the loss of the project. The court may also expect freelancers to be able to hire someone else to finish the project in order to prevent more losses for the person you are suing.
One way of computing lost income for these cases is to present your federal income tax return. Since this shows how much you made in a year, you can divide the entire amount by the number of working days to get the approximate daily income amount. When showing your income tax return, you need only to show relevant pages. You also have the option to show income tax returns for the last few years, especially if your income for the previous year was not spectacular.
Other Complexities
Lost income can also be challenging if your injuries result in an impairment that means you have to leave the job you currently have and get another type of job. You will need to show how changing jobs will result in a drop to your income.
It is similarly challenging if the injuries result in permanent disability and you are unable to work again. The factors considered in this case include your profile (education, skills, training, employment history, age), as well as your financial profile and earnings history. To compute for lost income, you also have to take into consideration inflation, the benefits you get from the job aside from your salary and social security.
Negotiating Lost Income and other Personal Injury Claims
Most of the time, you will have to deal with the other party’s insurance company. You must remember that they will also work to bring down the amount they have to pay you. The insurance company may also try to drag their heels about paying you. You may need to file a personal injury lawsuit to recover lost income, as well as medical expenses and other losses related to the injury.
A personal injury lawsuit may prove to be complicated and drawn out. Knowing that you have missed days at work and have lost income as a result of your injury, this means that you are in an even more precarious financial situation. You have bills to pay and no income earned.
This is a time to consider lawsuit funding. This provides you with funds as you await the decision of the court and the settlement of the claim. Lawsuit settlement funding simplifies access to cash, cash you can use to fund daily expenses, pay your medical bills, as well as pay for court-related costs. Not only is it easier to get lawsuit funding, it also provides you with more peace of mind. Since the money is given on a non-recourse basis, you need not pay for the funds if the lawsuit fails to settle.
For quick and easy settlement loans, you can come to FastLawsuitMoney.com. FastLawsuitMoney.com has since built a reputation for simplified applications processes so that those eligible can get their funds in as quickly as 24 hours once their application is approved.
Posted on April 3, 2012 by Fast Lawsuit Team
So you have been injured because of a careless driver, a defective product or a slip and fall at the mall. If you are lucky, you may get away with just minor bruises. However, if the accident was particularly catastrophic, you may end up in the hospital with:
- Soft tissue injuries, including whiplash
- Broken bones
- Brain tissue injuries
- Spinal cord or back injuries
- Paralysis
- Dismembered limbs
- Injuries to the internal organs
These serious injuries will require extensive treatment at the hospital. Your treatment expenses will usually involve the following:
- The professional fees of your doctors, surgeon, anesthesiologist and nurses. There are also cases when your doctor will refer you to a specialist for a more detailed diagnosis.
- Laboratory or diagnostic testing such as CAT scans, x-rays, blood tests or MRIs.
- Medications
- The fees for physical or occupational therapy. Physical therapy seeks to help patients recover their normal functions after the accident. Meanwhile, occupational therapy is geared towards functional limitations where an accident victim is unable to perform the activities they usually do not just in their occupation but also in their day-to-day living.
- The fees of a psychotherapist to help deal with the psychological effects of the injury. The victim may suffer from anxiety or depression after the event. The accident may render him physically disabled or may cause him to lose his job. He will need the help of a mental health therapist to help him move on from the trauma.
- The fees of a chiropractor, for problems with alignment of the bones.
- The installation of prosthetics or adaptive equipment. This may include computer-aided equipment, wheelchairs, medical aids, artificial teeth or artificial limbs. There may also be home improvements in order for the victim to adapt to the injury or any resulting disability.
Other expenses may include cosmetic surgery (to repair damages caused by the accident), lifetime care, traveling and lodging expenses for the family or caregiver(while they are taking care of the victim in the hospital) and organ transplants.
The importance of computing your medical expenses
The amount of medical expenses provides an important baseline for the rest of the personal injury claim. In some instances, compensation for pain and suffering is based on a multiple of the medical expenses.
Future Medical Expenses
When computing for your medical expense claim, you should also include future medical expenses. Your injuries may necessitate continued therapy. Remember that once you settle your claim, you waive the right to further claims so you must carefully estimate the cost of future treatments.
Also, keep note of the following since your personal injury claim may involve a substantial amount of money:
- Keep your doctor’s records, as well as all bills and receipts. The doctor’s report should include a description of your condition and injuries, as well as the recommended treatment.
- Avoid signing anything from the insurance company (regardless of it is your insurance company or the other party’s insurance company) without advice from your lawyer. The insurance company may ask you to undergo an independent medical examination.
- You need to seek medical treatment for your injuries. The court will check whether you as a victim also did your part in preventing additional expenses. If you failed to seek medical treatment until your injuries have become worse, this may harm your personal injury lawsuit. The more one waits to have treatment, the bigger the possibility of needing more expensive treatment or the bigger the chances of developing a chronic illness.
- Your treatments should be reasonable, prescribed by your doctor and related to the injury. You cannot include a liposuction or a nose job along with the treatments for your injury. You can expect the other part to go through your medical expenses claim.
- Pre-existing conditions may also affect your claim. Be sure that your doctor has also documented the effect of the accident on your pre-existing condition.
Lawsuit Funding for your Personal Injury Claim
As you can see, computing for medical expenses can be a detailed affair. You can also expect the other party to not take your claim lying down. They will try to dispute each item so as to minimize the medical expenses they need to pay you. Remember, your medical expenses (as well as the rest of your personal injury claim) may prove to be a substantial amount. You need to stand your ground to ensure that you get the fair and just compensation that you deserve.
One way to help you work towards the right compensation amount is to get lawsuit funding. Lawsuit funding will give you access to quick and ready cash at the time when you need it. With a lawsuit settlement advance, you will be able to refuse offers that are below the amount you expect.
If you need a lawsuit loan, you can go to FastLawsuitMoney.com. As a reputable provider of settlement loans, FastLawsuitMoney.com can provide you with quick and ready cash once your application has been processed and approved.
Posted on March 13, 2012 by Fast Lawsuit Team
A parent’s love for a child is pure and expansive. Parents will willingly go through suffering if only to spare their child. That is why it is especially painful for a parent to see a child go through pain and suffering as a result of injuries sustained from an accident.
Causes of Injury for Children
A child is especially vulnerable since he is unable to protect himself and is dependent for others to protect and care for him. There are a number of possibilities a child can be injured:
- Car or school bus accidents compounded by the lack of seat belts
- Defective products or equipment (playground facilities, unsafe school buildings, school buses, etc.)
- Accidents that can be attributed to lack of supervision or poor security (while your child is in school or in other child care facilities)
- Slips or falls
- While in a playmate’s house
- Pool accidents
- Medical malpractice
People who may be considered liable for your child’s injuries include school bus drivers, teachers, child care providers, parents (of other children), daycare providers, churches, camps and their counselors and stores. The liability may be based on the age and development level of a child as to the level of care a responsible adult is expected to provide.
Of course, no amount of money can compensate for your child’s traumatic experience. But, as a parent, you should seek compensation for your child’s injuries. The compensation should cover medical expenses, as well as any expenses related to the child’s recovery.
Aside from medical expenses, the compensation should also cover:
- future medical bills
- Loss of earning capacity/loss of future wages
- Pain and suffering
- Disability or disfigurement
- Loss of consortium of enjoyment of life
In many instances, you can fight for your child’s right to compensation by filing a personal injury lawsuit in behalf of your child. This will mean the usual requirements for a personal injury lawsuit:
- Documentation of the injury and its cause
- Records of medical bills
- Records of doctor’s reports
When the personal injury lawsuit for your child is in the court’s hands, a judge will approve of the settlement, as well as designate the portion of fees that will go to medical expenses, lawyer’s fees and out-of-pocket expenses for you as your child’s caregiver. Once approved and paid, the settlement will usually be kept in trust and a trustee will be appointed. When the child reaches 18 years of age or when a court order directs, a child can recover the settlement. As a guardian, you can also petition the court to release funds needed for present medical expenses, particularly if these are emergency treatments.
Aside from these, you can also try to file for compensation for your losses. Caring for an injured child is no simple matter. This may mean giving up your job so that you can take care of the child. In the tragic event that you lose your child, you can also sue for the loss of enjoyment of your child’s company and love (loss of consortium).
Some considerations
Here are some areas you should be aware of for personal injury lawsuits covering your child:
- Time limits. When the lawsuit covers government employees, there may be a time limit for you to file a lawsuit claiming for compensation. Check with your county, city or state as to the time limits that cover your case.
- The need for legal advice. Avoid signing anything for your child’s behalf without first obtaining legal advice.
Lawsuit Funding for your Child’s Medical Treatment?
When your child’s injuries require extensive treatment, you may feel the urgency to get some funds. For one, you will desire to give your child the best treatment possible. This may make you especially vulnerable to the other party’s attempts to get you to agree to a settlement. This may mean that you will be receiving a lower amount that will hardly cover your child’s present medical expenses, let alone any future medical expenses and other costs related the your child’s injury.
It may be a challenge to get lawsuit funding for a personal injury lawsuit covering your child. However, there may be case where a lawsuit loan is possible, when this covers your own lawsuit or demands for compensation due to lost wages and loss of consortium.
It is best for you to consult a lawyer and to lodge your application for settlement funding. FastLawsuitMoney.com will evaluate the application and determine whether you are eligible. Once your application is approved, funding can be obtained within the day.
Posted on February 4, 2012 by Fast Lawsuit Team
Medical practitioners have perhaps one of the most challenging occupations. They mostly face people at one of the worst times of their lives – after a diagnosis of a sickness or due to an accident. However, medical practitioners who are involved in the area of obstetrics have it differently. They face their patients at one of the happiest times of their lives – the birth of a baby, a precious addition to their family.
However, obstetrics is not all about passing the congratulations and seeing the smile in the mother’s face once she sees the baby. Doctors and nurses can also make mistakes. They can also be negligent. And their mistake or negligence can change a family’s life forever. The result can be serious birth injuries or worse, wrongful death.
Medical Professionals and their Accountability
Doctors and those in the medical profession have a responsibility to provide a certain standard of care for their procedures or services. When these medical practitioners fail to meet these standards, they can be held accountable for medical malpractice.
Medical malpractice as related to pregnancy and childbirth include:
- Failure to administer the right medication or the proper dosages to the pregnant mother
- Failure to foresee and forestall pregnancy complications. This is related to the failure to take a complete medical history so as to forestall these complications and to determine whether the mother has allergies to certain medications or have a condition that can negatively affect the pregnancy and the birth (i.e. heart problems, diabetes).
- Failure to foresee and forestall birth complications such as fetal distress or profuse bleeding.
- An unusual delay in ordering and performing a medically-necessary C-section
- Misuse of birth implements such as vacuum extractor or forceps
- Failure to properly monitor the baby’s heartbeat during the birth, which can lead to a lack of oxygen to the baby
- Errors in administering anesthesia
Birth injuries can include:
- Erb’s palsy
- Cerebral Palsy
- Brachial Palsy
- Umbilical cord entanglement or entrapment
- Brain damage and mental retardation
- Facial or head bruising
- Fractures
- Emotional difficulties
- Physical disfigurement
Birth injury lawsuits
If your child is a victim of medical malpractice that led to a birth injury, you can file a lawsuit against the doctor and other members of the team, as well as the hospital. Aside from the mental and psychological trauma a family has to face, the care of a child with a birth injury can actually be financially devastating. The costs include:
- medical bills and regular trips to the hospital
- any necessary therapy
- cost of care over the child’s lifetime
- cost of adaptive equipment
You can file a claim for these costs, as well as demand compensation for:
- Loss of future earning capacity
- Loss of household services
- Emotional distress on your part as parents
Help for Families
As parents of a child with a birth injury, you may feel a variety of emotions – fear, sadness and anger. There is also the added stress of getting further medical treatment for the child. This can be compounded by the stress provided by filing a lawsuit. And, not all of the stress would be emotional – there would be financial strains and difficulties as well.
This is a time when you need to focus on your child, and not on your dwindling finances. That is why FastLawsuitMoney.com is here to help. We provide lawsuit funding so that you can have quick access to cash while you are awaiting the results of your lawsuit.
Lawsuits on birth injuries may take longer to settle due to the complexity of the case. It is often challenging to prove that the medical practitioners involved have indeed committed acts of medical malpractice. The doctors and other medical practitioners will fight these accusations to prevent very high increase on their insurance premiums as well as to protect their professional reputations. With lawsuit funding, you have the means to “hang in there”.
Although this is also called a lawsuit loan, the funding you get does not require you to submit your employment status or your credit rating. It does not also require monthly payments. In fact, unlike a loan, you don’t have to pay back the money if the lawsuit fails to settle. With a lawsuit cash advance, you can get relief from financial pressure and be in a position of strength to negotiate and fight for your family’s right to fair and just compensation.
Posted on August 5, 2011 by Fast Lawsuit Team
A personal injury claim may be settled in court or if both parties can agree to a certain amount, the claim can be settled even before or during a personal injury lawsuit. The key is to be able to negotiate so that you can get the best settlement amount, one that fairly compensates your financial loss as well as the trauma and suffering you have gone through.
What you should remember about compensation for personal injury is that the purpose is to get you back to “pre-accident condition”. The compensation aims to replace not just any financial losses that you incur but may also try to put a dollar amount on your anguish and trauma resulting from the accident – this includes mental, physical and emotional stress and trauma you may have to go through or are still going through.
Another thing that you should remember is that the other party will naturally try to get as low a settlement amount as possible while you are working to do the opposite – to get the maximum settlement amount.
Here are some tips to help you negotiate the best settlement amount for your personal injury:
Don’t sign anything without thinking it over. After your injury, the other party’s representatives, particularly their lawyer or insurance company, will work to get settle your claim as soon as they can. And this may happen while you are still in the hospital and not in fighting form. So, don’t sign anything without carefully thinking about it or without a lawyer’s advice.
Line up your weapons. Be sure that you have all the documentations (police reports, medical reports, photos, etc.) with regards to the incident that caused your injury. You need to show that the other party is indeed legally liable for your injury.
Determine the reasonable amount of compensation for your injury. You need to determine just how much damages you deserve for the injury, as well as the accompanying pain and suffering you have to go through. You should include in your computations all the medical expenses – past, present and future – that is related to your injury. You also need to incorporate out-of-pocket expenses, the cost of care as well as the loss of income resulting from the injury. In some states, the punitive damages and damages for pain and suffering should also be taken into account.
Do some research. Look for similar lawsuits and how these were settled. You can benchmark on these cases and cite them as examples during the negotiations.
Get quality legal help. If you are serious about filing a lawsuit, it is best to get a lawyer that has experience and a track record with regards to personal injury lawsuits. Your lawyer will work to build your case and also negotiate to get the best settlement offer for you.
Do not release information unnecessarily. The right venue for you to provide information is during the hearing of your lawsuit. You don’t need to provide the other party with the evidence that you have. You don’t need to provide them with information about yourself and about your medical records. Remember, anything you say can and will be used against you. Although statements made during the negotiations are not admissible during a trial, the other party may try to twist your words so that it comes out that there is malicious intent on your side and this may result in having your statements admissible in court.
Do everything in writing. Do not make your settlement demands over the phone. Communicate these in writing and make sure you have the registered copy of all your communications.
Negotiating the settlement amount
Even before the lawsuit is filed, you are required to make efforts towards settling the case outside of court. The negotiations may be started by either party. The erring party may try to give an offer and you may try to answer with a counter-offer. The rule of thumb is to not accept the first offer, as this is usually the lowest amount they will offer.
In some cases, your lawyer may start the negotiation by sending the other party a demand package, which outlines your settlement offer. A good demand package will show that you are really serious about your lawsuit.
Negotiating from a position of strength
When you are negotiating, one principle is that you should know not to blink. In other words, you should negotiate from a position of strength. The other party knows that with your injury, you need funds to cover a mounting pile of debts and obligations. They know that you can be tempted into getting a lower amount just “to get it over with” and to get the money you need to pay for your bills.
You can avoid this pitfall by availing of lawsuit funding. Also referred to as a lawsuit settlement advance or a lawsuit settlement loan, this provides you with the funds that make a lowball offer easier to say no to. With lawsuit funding, you will have quick cash to tide you over while you are waiting for the settlement to be done.
FastLawsuitMoney.com helps you get the lawsuit funding you need in order for you to negotiate for the best compensation amount that you deserve. There is no need for you to give in and accept a settlement that you know is much lower than what your injuries should be compensated for.
With FastLawsuitMoney.com, you can negotiate with confidence and know that even as you are waiting for the settlement, your family is taken care of and your financial worries do not add to the stress of the negotiations.