Posted on March 25, 2012 by Fast Lawsuit Team
The day after Thanksgiving (Black Saturday) is a much awaited time because of the crazy discounts. People line up hours before a store opening, excited to get the first dibs on the fabulous finds. Indeed, Black Saturday sales are about frenzied shopping. And sometimes this can go out of hand.
In 2008, a crowd of shoppers waiting outside Wal-Mart’s Long Island store got out of control and stampeded into the shop. Unfortunately, Jdimytai Damour, a guard who was tasked to provide security for the sale, died of asphyxiation. He was assigned to man the doors when around 2,000 shoppers rushed to the store and broke through the doors, trampling him in the process. Four other people were also injured. This is the first fatal trampling incident involving Wal-Mart. Surprisingly, the retail giant was fined only $7,000 for the incident.
The Wrongful Death Lawsuit
Damour’s family has filed a wrongful death lawsuit against Wal-Mart, as well as the shopping center it was situated in. The lawsuit claims that Wal-Mart was liable due to the following reasons:
- The Black Friday sale was heavily advertised. This promoted heavy discounts on limited inventory (such as digital cameras and flat screen TVs) which resulted in frenzy and mayhem on the part of the shoppers.
- There were not enough measures with regards to security to protect against overcrowding and stampeding in view of the size of the event and the expected crowd. There were no barricades to prevent shoppers from rushing towards the store. There was also no numbered ticketing system to make it more organized.
- There was a failure to put into action a crowd-management plan.
- Damour, who was a temporary worker, was not given training for this particular assignment, but was assigned to the front door because of his size (6’5” in height and 270 pounds).
The lawsuit alleges that because of Wal-Mart’s negligence, it resulted in dangerous working conditions for its employees. The challenge is to be able to show Wal-Mart’s liability in this case. With big businesses having a lot of resources and can afford to hire a team of lawyers to protect their interests. A lawsuit such as this may drag on for a long time. Meanwhile, a family may get more and more hard put to make ends meet.
The families of the victims can sue for:
- Loss of future income
- Loss of inheritance
- Loss of consortium
- Medical bills
- Funeral and burial costs
- Loss of benefits, including medical coverage, pension or retirement benefits
Families of victims have the right towards compensation for the loss of their loved one. However, it is also good to be able to negotiate and fight for fair and just compensation from a position of strength. This is where lawsuit funding can come in. Lawsuit settlement funding can provide funds to help hire experts, get depositions for the testimony of witnesses and cover court-related costs. It can also help provide for the family’s needs.
FastLawsuitMoney.com can give families of wrongful death victims a lawsuit cash advance so that they don’t have to settle for a lesser compensation amount. FastLawsuitMoney.com offers non-recourse funding. This means that the family does not have to pay the money back when the lawsuit does not settled. FastLawsuitMoney.com also provides a quick and easy applications process so that families don’t have to wait long for them to get the funds they need.
Posted on March 6, 2012 by Fast Lawsuit Team
They say that air travel is the safest way to go. There are less accidents in planes than in any other mode of public transportation. However, when you consider that plane accidents and plane crashes are caused by a number of factors, you will need to acknowledge the possibility of it happening.
Some reasons for these accidents include:
- Flaws in the design or manufacture of the plane or its parts
- Human error, including mistakes made during take off or landing
- Acts of negligence by the pilot, maintenance or airline staff
- Acts of negligence by the air traffic controller
- Adverse weather conditions (i.e. storms, lightning, etc.)
- Sabotage
- Bird strikes
- Fuel Starvation
If an airplane crash is rare enough, surviving a crash may be rarer. And it leaves the victim’s loved ones devastated after the tragic accident.
Compensation for Airplane Crashes
A lawsuit will never be able to compensate the loss of a loved one. However, it can help ease the worries of the family. The just compensation arising from an airplane crash will help pay for medical expenses (if applicable), as well as funeral and burial expenses. It can also provide for the family, particularly if the loved one is the family’s breadwinner. It can also ensure that other important assets are protected – the settlement can enable the family to fully pay the mortgage or get rid of any other debt the family has.
The complexities of a plane crash lawsuit
Lawsuits filing for compensation in an aviation accident may be filed by the victim, or if he is deceased, his spouse. If there is no spouse, then his children (represented by the guardian) or his parents may sue. If there are no children or parents to file the suit, the siblings would be the next that can file the lawsuit.
However, you may not be able to get the settlement as soon as you need them. It will take time and it may even mean you have to file a lawsuit against the party that is liable. The need may be especially urgent if you don’t have the ready cash to pay for medical travel, as well as any expenses related to the loved one’s treatment or death.
Airplane crash lawsuits may turn out to be complicated affairs, especially if it involves an international flight. There are questions to be threshed out: where to file the lawsuit, what law should cover or apply, shall the lawsuit be filed by individual complainants or should they join together for a class action suit? Who is liable for the claim – is it the airline, the manufacturer of the plane, of the parts or the owner of the plane? How can damage and liability be proven?
These kinds of lawsuits are complex and involve a lot of parties that it will take years for the lawsuit to come to a conclusion.
Here are some areas of consideration:
Airline liability. This depends on the whether the flight is international or local. Local flights are carriers are covered by law and regulations of the state, which may differ. International flights are covered by the Montreal Protocol and Warsaw Convention. The two international agreements simplify the case by not requiring complainants to show proof of the airline’s negligence.
Liability for privately owned planes. Any negligence of the pilot or aircraft maintenance staff will be considered the liability of the owner of the plane.
Statutes of limitation. The families of the victims should file the lawsuit within a certain time limit. Otherwise, you lose the opportunity to claim.
Monetary compensation will be computed based on the varying laws of each state. The compensation will usually cover:
- Medical expenses (past, present and future)
- Lost future income
- Pain, suffering and disability
- Funeral expenses
- Loss of consortium (given to loved ones for their loss of companionship with the loved one)
- Loss of prospective inheritance
The expected settlement from an airplane crash is quite substantial. However, airlines and their insurance companies may try to minimize the claims by trying to talk the family out of litigation. This may seem convenient for victims and their families as they get cash they need badly at the time they need it. However, they may be missing out on the settlement that they stand to get had they proceeded with the lawsuit.
One solution for this would be lawsuit funding. This enables families to continue with the lawsuit and still survive the financial challenges of losing a member of the family. Lawsuit settlement funding can be used to repay debts, cover the mortgage, provide for the family’s daily needs and cover death-related expenses.
You can consider getting a lawsuit loan from a reputable company such as FastLawsuitMoney.com. FastLawsuitMoney.com has built a solid reputation of providing cash when complainants need it most – before the lawsuit settles. With FastLawsuitMoney.com’s streamlined application process, you can get funds in as quickly as a day after your application has been approved.
Posted on January 26, 2012 by Fast Lawsuit Team
Swimming pools promise hours of water fun. It’s just hard to say no to the prospect of getting some sun, floating on the water or doing some laps. It’s also a pleasure to see kids having the time of their life splashing each other and horsing around in the water.
However, there is another side to this wonderful picture. Pools can also be a source of tragedy. Every year, people die from accidental drowning in swimming pools. Most of the victims are children. Data from the 2010 Pool and Spa Submersion Report of the Consumer Product Safety Commission show that:
- Most of the reported water submersion fatalities occurred in pools
- Close to 80% of reported fatalities were children under five
- More than 80% of the fatalities happened in residences
As for cases of non-fatal water submersions, most also happened in pools. Approximately two-thirds of those injured were boys. Non-fatal drowning (especially as a result of staying too long submerged in the water) may result in learning disabilities, permanent loss of basic functions and other long-term disabilities.
The Centers for Disease Control and Prevention pointed that provisions for pool safety, including barriers and pool fencing, as well as capable supervision, can help to considerably lessen the possibility of drowning, or at the very least, prevent it from being fatal. The sad thing is that not all pool owners are as careful in ensuring that their pool is safe and this negligence results in pool accidents.
Aside from the lack of safety barriers, pool accidents can also be caused by lack of warning signs (i.e. depth of the water), slippery decks, poor pool design, the presence of diving boards or slides, faulty pool ladders or stairs and defective pool filters. Pool drains can also be dangerous. A 6-year girl sat on the pool drain filter. A portion of her intestines where sucked out by the drain, leading to her eventual death. Pool covers also pose a hazard as children can go under the pool cover and not be found until it’s too late. Children may also attempt to walk across the pool and go under.
Liability for Swimming Pool accidents
Swimming pool accidents fall under premises liability. Under this principle, the one who owns or maintains the property (such as a renter or a property manager) is liable for any personal injuries incurred while in the property, which includes the pool. Aside from this, swimming pool accidents may also fall under product liability, if the accident was caused by a defect in the pool and related pool equipment’s design or manufacturing.
Whether the accident occurred in public or private premises, asking the following questions will be helpful in building your case:
- Was the pool properly and regularly maintained?
- Does the private pool have a security fence that could not be easily breached by children? Is there anything that could be used to enable someone to climb over the fence? Is there a warning against trespassers? For above ground pools, are the ladders and steps going up to the pool removed or secured? Are there pool alarms installed?
- Is there anything in the pool or the pool’s surroundings may pose as a hazard?
- Are there lifeguards in the public pool? Are these lifeguards properly trained in first aid? Is there enough staff to manage the crowd?
- Is the pool equipped with lifesaving devices and are these placed for easy access near the pool? This includes life buoys, poles and ropes.
- Are there markings that indicate the depth of the pool?
- Was the accident a result of the use of alcohol?
- Is the water clear so that you can see to the bottom of the pool?
Families of those who died from a pool accident can file for claims which include:
- Loss of consortium or the loss of enjoyment derived from the victim’s presence (i.e. the victim’s love and affection)
- Potential loss of wages, computed based on the length of the victim’s remaining working life
- Medical expenses for treatment provided
- Pain and suffering sustained by the victim prior to his/her death
- Expenses related to the burial and the funeral
- Loss of the potential value of household services provided by the victim
Lawsuits for Swimming Pool Accidents
As a victim of a swimming pool accident or as the family of a person who died in a swimming pool accident, you can file a lawsuit to claim for compensation. Depending on the circumstances and cause of the accident, you can either file a lawsuit against the owner of the swimming pool or against the manufacturer of the defective equipment that caused the accident.
These lawsuits can be mentally and financially draining. The case may drag on before it comes to a settlement and during that time, you may already be in an unstable financial situation. There may be medical bills that need to be settled, as well as court costs to be covered. You can ease your financial worries by applying for a lawsuit cash advance from FastLawsuitMoney.com.
With FastLawsuitMoney.com’s quick and easy application process for lawsuit funding, you don’t have to wait long to get the cash you need. Mind you, this is ready cash without you having to give up on your claim and on your fight for fair and just compensation for your injury or for your family’s tragedy.
FastLawsuitMoney.com is a reputable provided of lawsuit loans and has since been committed to helping complainants get cash easily while they are waiting for their case to be settled. Once you have been deemed eligible for settlement funding, you can get cash in as quickly as 24 hours.
Posted on December 30, 2011 by Fast Lawsuit Team
There is no telling when it may happen, and if it does happen, the damage can be disastrous: an auto accident. Driving can be a dangerous activity especially when precautionary safety driving measures are not taken. Auto accidents happen every day and are extremely common. An accident does not have to be your fault. It could be the result of another, negligent, driver whose eyes were not on the road, who disobeyed traffic signal, or who was distracted. The unfortunate circumstance is that you are left with injuries and damages that have now altered your life and now generate the urgent need for much more money than you have.
The most common type of auto accident personal injury claims are for car accidents, but people suffer a broad range of injuries from other kinds of motor vehicle accidents. In trucking accidents, as one can reasonably suspect, the victims are usually the ones in the smaller vehicle, due to the sheer size and impact of the truck. Motorcyclists risk greater endangerment in auto accidents, as, without a seatbelt and a frame, they are physically much less protected than their driving counterparts. According to the National Highway Transportation Safety Administration, motorcyclists are 37 times more likely than other vehicle operators to die in a motor vehicle accident. SUVs are notable for how easily they tend to roll over and have their fair share of accidents. Bus accidents are reportedly on the rise due to insufficient government regulation and stressful conditions for drivers who sometimes have to hurry to stay on the bus schedule given to them. Buses pose a unique concern, because, unlike other very large motor vehicles, the passengers in a bus have no seatbelts or other restraining devices.
Auto accidents can affect the occupants of the vehicles in the accident, or even innocent bystanders who are close to the accident. Victims can suffer any or several of a range of injuries and diverse symptoms, from minor injuries, to complicated and permanent conditions. As a victim in a motor vehicle crash, you may suffer from whiplash, bone fractures, burns, damage to your knees or joints, head trauma or brain injury, or spinal cord injuries.
A personal injury lawsuit filed after a car accident can help you manage the overwhelming expenses of your recovery. Not only do you face the challenge of medical treatment or rehabilitation, but may have to compensate from time away from work, less income, and more strain trying to manage typical daily, weekly and monthly expenses.
Money from a lawsuit can cover medical bill expenses, physical rehabilitation, pain and suffering, and lost wages. Depending on the severity of your damages and urgency of your need, you can apply for settlement funding. A settlement loan will give you the money that you need right away while you wait for your case to settle, without having to pay it back whether your case wins or loses. While your lawsuit is being pursued, your needs are still ever-present. Fast lawsuit money helps you to deal with the things that are urgent while you begin to piece your life back together.
Posted on November 1, 2011 by Fast Lawsuit Team
Being injured in a car accident is no joke, especially if the physical injuries sustained are severe. The road ahead will not just mean piles of medical bills, but also pain and suffering, additional expenses for therapy, loss of income and more. If you are injured as a result of a car accident where the other party is at fault, you are entitled to receive compensation for your expenses, loss, impairment, and in some states, pain and suffering and punitive damages. The payment will be from the other party and his insurance company.
One way to get it is by filing a personal injury lawsuit. Here, your case will be heard and decided upon either by a judge or a jury. The other party’s insurance company may try to offer you a settlement. If you decide to accept the settlement offer, then the lawsuit does not go on and the settlement is what you will get as your compensation.
The decision to accept a settlement should be carefully made. Remember, this is the only compensation you will stand to receive if you don’t proceed to have the lawsuit heard in court. The advantage of accepting a settlement is that you are spared of the emotional and physical pressures of having to appear in court and having your personal injuries (and your personal life) held up in view for all to see. It will also save you the hassle of going to and from the court, as well as the waiting time before the lawsuit is settled.
So, if you do decide to settle out of court and get into negotiations with the other party’s insurance company, it is best to come prepared so that you are able to get the best car accident lawsuit settlement. It is important to note that the insurance company will try to offer you as low a settlement as possible, so you must also be prepared to negotiate.
Here are some things you can do that will help:
- Hire an experienced attorney. The lawyer’s experience in personal injury lawsuits, especially those covering car accidents, will come to play. The lawyer will help you negotiate by showing the insurance company how strong a case you have and what you might stand to receive if the case goes into trial. Your lawyer will also help you understand your legal rights, as well as all the items that you should be compensated for.
- Keep careful records. Don’t be careless with the paperwork! Keep meticulous records of your medical expenses and receipts. You should also document your pain and suffering and the effect of the injuries on you. A journal outlining this will be a great help. Also, keep records of how many days you missed work.
- Calculate the total value of the lawsuit. This includes items such as lost wages (or an eventual job loss) and medical and other related expenses. In some cases, compensation will also cover pain and suffering or impairment. There are also some states which provides for punitive damages. In the case when the injuries result in a victim’s death, the family can file a wrongful death lawsuit and be compensated for the loss of their loved one. When deciding on whether to accept a settlement offer, it is important that you consider all that you are entitled to in order for you to decide whether the offer is fair or not.
- Never sign anything from the other party’s insurance company. It is wise to ask your lawyer’s advice first.
- Avoid the temptation to accept the offer due to financial reasons. Personal injuries will cost you. The mounting hospital and household bills may tempt you into accepting a settlement offer just because you are in urgent need of money now. The insurance company may reason that accepting their offer is your best option so that you “get it over with”. If you are able to hold out, you can negotiate for a higher settlement. You can either avail of a loan or lawsuit funding to provide you with the money you need to negotiate for the best settlement.
How Lawsuit Funding Will Help
Lawsuit funding, also called a lawsuit loan, can provide you with funds to meet your immediate financial needs so that may be less pressure for you to accept a lowball offer from the other party’s insurance company.
The settlement funding you get can be used to pay any hospital debt, household expenses and court-costs related to your lawsuit. The advantage is that you don’t have to meet any credit or employment requirements. What you need to present in order to get a lawsuit settlement advance are the merits of your case. With these funds, you can fight for a fair and just settlement, instead of being tempted to accept whatever the insurance company will offer.
Posted on August 14, 2011 by Fast Lawsuit Team
Getting much-needed funds while you are waiting for your lawsuit to settle is surprisingly simple with FastLawsuitMoney.com. We have a simple process of ensuring that there are no unnecessary delays or hindrances for you to get the help you need.
FastLawsuitMoney.com understands the urgency that oftentimes surrounds lawsuit funding. When you have filed a personal injury lawsuit, you will discover that it will take some time to get the lawsuit to settle, particularly if you are intent on pursuing a fair amount of compensation for your personal injuries.
Delays in the settlement of your lawsuit settlement
There are some elements that may cause the delay of getting your lawful compensation. One, the other party, as well as their insurance company, will try to delay the payment for as long as possible. It may be even necessary for you to file a lawsuit to claim for compensation for your injuries. The other party may also try to negotiate a lower settlement amount, often with the knowledge that the person injured will need the funds.
In addition, if you have already decided to file a lawsuit, building a strong case will also take time, as well as money. There will be depositions of witnesses, countless photographs taken in the scene of the injury or the accident and documentation from the doctor to show the extent of your injury.
During all these, you may have to deal with bills and debts. Your injuries will mean extensive medical treatment as well as therapy. They may also mean loss of income as you miss work while you are laid up in the hospital. The injuries may even be so extensive that it may result in the loss of your job. To top it all, you will need to also make sure that your family’s needs are provided for.
FastLawsuitMoney.com for Quick Lawsuit Funding Processing
It’s pretty simple to get your much-needed funding with FastLawsuitMoney.com. If you or your loved one is a victim of an accident, malpractice or any act of negligence by another party and have filed a lawsuit against that party, you can have your attorney give us a call. We’ll discuss the details of your claim and your potential for pre-settlement funding.
FastLawsuitMoney.com has actually streamlined the process so that there is minimal paperwork, particularly during the application process. You also don’t need to show documents with regards to your credit history or your employment records. That’s minimum red tape, minimum paperwork for you.
Once you are considered eligible for lawsuit settlement funding, you can actually get your cash in as quickly as one day. You also have the choice to get your funding in one lump sum or to get it in monthly installments. One other advantage about advanced lawsuit funding is that it is non-recourse funding. You only need to pay it back once you win the lawsuit and it is settled.
FastLawsuitMoney.com knows that being involved in a lawsuit can be actually a trying time (both emotionally and financially). Allow us to get one less thing off your list and ease the financial pressure you may be feeling. With the right lawsuit funding program, you can get back on track.
Posted on August 8, 2011 by Fast Lawsuit Team
Personal injury comes in many forms. You may be injured due to a medical practitioner’s mistake or carelessness, a car accident, while you are walking along the road, a defective product, a dog bite, an accident at a public place and so many other reasons. You may also have a slip and fall accident, a burn injury, a boating accident or a physical injury caused by defective drugs.
Personal injury lawsuits
You can pursue compensation for the personal injury you sustained. You can do this by filing a personal injury lawsuit. In this lawsuit, you as the complainant or plaintiff need to prove that the other party (the defendant) is legally liable for the injuries you sustained. You and your attorney will work to gather evidence which includes medical records of the personal injuries, police reports, statements from witnesses, pictures of the injury and the scene of the injury as well as statements from experts.
You can get a settlement by negotiating with the other party (including both of your attorneys as well as the insurance company concerned). The settlement could also be ordered by a jury or a judge after your case is heard in court.
The settlement should cover compensation for financial loss, as well as pain and suffering during your injury. There are also some instances (in some states) where there is compensation related to the extent of the other person’s liability and culpability. This is called punitive damages – where damages are required to punish the other party’s conduct.
Personal injury damages
Compensation for a personal injury is given with the intention of making the injured person “whole” again or “bringing him back to status quo”, at least from the financial standpoint. There are different types of personal injury damages that should be covered:
Medical care and treatment. This includes hospital bills, doctor’s fees, medication for treatment you have already received, as well as future expenses for treatment related in that injury. This can also include physical and occupational therapy that you undergo.
Income. This is also referred to as the loss of earning capacity. The days spent in the hospital and in recovery will mean a loss of income. It may also mean the loss of future income as well as the loss of your current job. This type of compensation aims to cover the income you have lost and could have earned in the future had you not been a victim of the personal injury.
Damage or loss to property. In instances where your property was also damaged (e.g. during a car collision), the erring party should also pay to replace or repair the property based on its fair market value at the time it was damaged or lost.
Compensation for pain and suffering. This aims to give a monetary compensation for the pain and suffering you have undergone during and due to the accident. In some states, this also includes emotional distress – which is the trauma and psychological suffering that resulted from the injury. For instance, the personal injury may result in developing a phobia, losing sleep or feelings of fear or distress. However, in some states, emotional distress is treated as a separate type of compensation.
Loss of consortium. In some instances, the personal injury may prevent you from enjoying the benefits of a family relationship with regards to affection, companionship, closeness among family members and care. This includes the incapacity to enjoy sexual relations with your spouse (such as the change, decrease or cessation of sexual activity). The compensation may also consider the impact of the injury with regards to enjoying a relationship with your children, including your inability to take care of them or to play with them.
Loss of enjoyment. The injury may prevent you from pursuing the activities and hobbies you have previously enjoyed or intend to enjoy. Loss of enjoyment tries to compensate for that.
Punitive damages. If the personal injury was caused by an intention, malicious act, negligence or carelessness, the settlement may also require that the erring party pay for punitive damages. The intent of punitive damage is to teach the erring party a heavy financial lesson and to prevent him from repeating the act that caused the injury and to also act as a warning for others.
You should also remember that as the injured party, your actions may also affect the amount of damages awarded. How you acted during the incident that caused the injury as well as after will also be considered during a personal injury lawsuit. This means that the amount of compensation may depend on whether you are also at fault for the accident and whether you failed to take reasonable steps to minimize the impact of the injury.
A Lifeline for Personal Injury Victims
Getting your settlement will help in managing your finances and covering your bills. However, getting that settlement may take a long wait. A personal injury lawsuit is something that could stretch on for months and even years. During this time, the temptation to give up the fight and settle for what you can get will grow stronger and stronger as you see your financial obligations pile up higher and higher.
One way to prevent you from succumbing to this temptation is to avail yourself of lawsuit funding or lawsuit settlement advance. This provides you with ready cash even before you get the settlement to help you pay for your medical bills, your family’s day to day needs, as well as any debts incurred during your injury. With lawsuit funding, you can negotiate your settlement not from a position of need but from a position of strength. This way, you and your attorney can work for a fairer and bigger amount of compensation.
A lawsuit settlement funding may also provide crucial funds to help ensure that you get the medical treatment and therapy you need for you to recover to the fullest expense possible. The funding will also ease the stress and pressure of covering financial obligations. In addition, the lawsuit settlement funding will help provide funds to build a strong case for your personal injury lawsuit.
FastLawsuitMoney.com provides the pre-settlement funding without the cumbersome paperwork and legwork. You don’t have to present collateral or show your credit rating or employment records. This is non-recourse funding where repayment is only required upon the settlement of the lawsuit. If the lawsuit fails to settle, you are under no obligation to pay back the money provided to you.
Funding for personal injury lawsuits may just be the stop-gap you need while you are waiting for your lawsuit to settle. It will help you pick up the pieces and get back on fighting form.