Posted on February 29, 2012 by Fast Lawsuit Team
In journalism, they say that “Man bites dog” is the news that gets the headline, not “Dog bites man”. However, even if a dog bite does not merit the front page of your local newsletter, it can still be damaging to the victim. The injuries are not only caused by dog bites, but also tripping on the dog or leash and knock downs. Some injuries include abrasions and bruising, broken bones and torn ligaments. More serious attacks can result in catastrophic injury – loss of motor function, deformities and even death.
And dog bites are no joking matter. Losses related to dog attacks have amounted to over $1 billion every year with the CDC estimating some 4.5 million dog bite victims (about 3,000 of these are letter carriers). In 2010 alone, 34 dog attacks resulted in death while close to 800,000 dog bite victims had serious enough injuries that needed some kind of medical treatment. Approximately 400,000 victims were brought to the hospital emergency room for treatment. A considerable percent of dog bite victims are children. In fact, dog bites and dog attacks fall on the top 5 reasons for emergency room visits by children.
Dog Bite Law
Although states have different versions of the dog bite law, the general thought is that the dog owner takes responsibility for the dog’s actions. That means that if someone is bitten or attacked by the dog, the victim can claim full compensation from the dog owner’s premises insurance policy. It is important to note, though, that liability is defined differently from state to state, and even from city to city. Also, aside from the dog owner, some states also hold other people liable – this includes:
- a landlord who allowed a tenant to keep a dog that is considered vicious or dangerous
- a person who is counted as the dog’s custodian
- an employer who allows employees to bring their dogs to the workplace
- businesses that allow their customers to bring dogs into the store
- police officers who are responsible for their canine unit
- animal control officers who allow a dogs (that have been known to be dangerous) to roam freely in the neighborhood
The definitions may be based on some of these principles:
One bite rule. Under this principle, the dog gets one “free bite”. That means that the owner will be held liable if he already knew or should have known the dog’s propensity to bite and attack. That is, there were previous instances where the dog bit a person or acted as if it wanted to bite.
Negligence. Liability is also assigned for acts of negligence. This includes the failure to make reasonable action to prevent the dog from biting or attacking others or making an unreasonable action that caused the attack. Examples would be tying the dog at an area near a public gathering, not tying the dog to a leash or holding too many dogs at the same time.
Statutory liability. Most states impose statutory liability or statutory strict liability. In general, a victim can claim for compensation by just proving that the dog bit or attacked him and that the owner (or custodian) is the person liable.
Once liability is proven, the owner’s premises insurance (homeowners’ insurance or renters’ insurance) will kick in to pay for the damage. The claim will usually cover:
- medical expenses
- living expenses and other related expenses (transport cost, cost of hiring a caregiver, etc.)
- therapy (may be physical or psychological)
- permanent scarring or disability (whether temporary or permanent)
- pain and suffering (in some states)
- cosmetic services and expenses
- compensation for loss of quality of life
- compensation for lost wages, as well as loss of future earning capacity
- punitive damages (Only in some states, and very rarely. It must also be proven that the owner was seriously negligent. Punitive damages are to be paid by the owner, not by his insurance.)
Victims are usually people who have a reasonable right to be in the premises (i.e. the owner of the property invited him in for social or business purposes. This includes workmen that are hired to work on the premises). There are some people who can’t file a lawsuit claiming for dog bites. These include:
- veterinarians and their staff, who are tasked to take care of the dog
- people whose profession is to work with dogs (groomers, people who walk or sit dogs for a living, dog trainers)
- people who are committing a crime against the dog’s owner
- people who provoked the attack (i.e. hurting or teasing the dog)
- the dog was “working” (i.e. helping the police or military)
When you are a victim
If you have been bitten or attacked by a dog, you should:
- Take pictures of the injuries, as well as the dog.
- Get the documentation (List the owner’s name and contact information. Get the list of the witnesses as well.)
- File a report to the animal control authority.
- Get treatment as soon as you can. Not only is this to safeguard your health, it is also important to show that the victim get treatment to prevent further injury or infection.
- Hire a lawyer to help you file your dog bite lawsuit.
Lawsuit funding for dog attack lawsuits
Once you have file your personal injury lawsuit, you may need to wait it out before you can get the settlement. In the meantime, you can look towards lawsuit funding to provide you with the funds to survive for the following days. You can use the funds you get from the lawsuit loan to pay for treatment, as well as get rid of any debts and spend to ensure that you present a strong case in court.
Since the lawsuit is covered by the owner’s insurance company, it is usually easier to get the settlement funding, particularly if you are working with a reputable company such as FastLawsuitMoney.com. Once you are approved as eligible for funding, you can receive your funds in as quickly as 24 hours.
Posted on January 2, 2012 by Fast Lawsuit Team
You are on your way home to your city apartment from a late evening event. The city is still alive, but the hustle and bustle of the day has mostly died down, and the meager streams of cars on the road are in stark contrast to the angry horn blowing and standstill traffic of the afternoon. At the intersection, you wait for the light to flash to “WALK.” When it does, you take a step into the street and start to cross. As you walk, from the corner of your eye, you see a car turn a corner speedily, and before you know it, you hear a loud screech, feel the excruciating impact of something hauling your body off the ground, and into the air and everything goes black. You have just become one of the 64,000 pedestrians to be injured in motor vehicle accidents every year. Meanwhile another 5,000 are killed per year.
Pedestrian deaths come second only to vehicle passenger deaths. According to the National Highway Traffic Association and the Insurance Institute for Highway Safety, 11 percent of motor vehicle fatalities are pedestrians. In just 30 years, in a period between 1975 and 2005, 180,000 pedestrians were killed in accidents that could have been avoided. A pedestrian is harmed in a traffic accident about every 8 minutes, and one dies in a traffic accident every 110 minutes.
Pedestrian deaths most commonly occur in urban areas because of the higher concentration of vehicles and traffic in those areas. There is also a higher concentration of people and more pedestrian activity in the cities than in rural areas. The National Safety Council estimates that about 85.7 percent of non-fatal accidents take place in urban areas, while only 14.3 percent take place in rural areas. A discriminate two-thirds of accident fatalities take place in the city.
Why or how do pedestrian accidents happen? Although auto accidents involving innocent pedestrians tend to happen at street intersections, most accidents actually take place in other areas on the road where drivers are more likely to be speeding without any expectation of having to stop. When a driver is speeding, he is less likely to take notice of a pedestrian, and is definitely much less likely to stop their vehicle in time to avoid hitting one. Another factor of pedestrian-auto accidents is negligence. If a driver simply does not follow traffic rules, or is not driving attentively, he could easily miss a changing light, a stop sign, or a speed limit sign. Some drivers are preoccupied and distracted by some activity in the car; whether it is cell phone usage or a long awaited meal, a driver may not have his or her full attention on the task of driving. This may lead to many possibilities, some fatal, that could have been avoided. Lighting can also be a factor. Statistics show that the great majority of fatal pedestrian accidents happen on the weekend in the evenings.
The injuries that a motor vehicle can give a person’s relatively delicate body are countless. Some possible injuries include damage to the brain and spine and can include bone fractures, loss of consciousness and coma, paraplegia and quadriplegia. Blows to the body, and subsequent injuries, could be delivered by direct contact with the vehicle (in most cases), contact with the ground, and/or contact with objects in the vicinity.
If you are filing a lawsuit for a pedestrian injury case, you can get lawsuit funding to help you with the needs you have right now. While you wait for your case to be settled in the near future, your needs are still quite current. A settlement funding will give you the cash needed to cover the cost of hospital bills or medical treatment and to continue to manage the necessary expenses of your daily life. This kind of lawsuit cash advance is called is non-recourse – meaning, even if your lawsuit loses, you do not have to pay it back. If you are the pedestrian victim in an auto accident, life can seem rash and unfair as you face your mountain-high pile of new challenges, but help is here to help you as you tackle the climb.
Posted on November 4, 2011 by Fast Lawsuit Team
A humorist once said, “Your brain is perhaps one of the most important parts of your body. It tells all the other body parts what to do. Then again, guess which body part is trying to convince us of that?”
But kidding aside, the brain is a crucial yet delicate part of the body and when damaged, there may be serious consequences. Traumatic brain injuries are usually a result of a:
- Vehicular or a pedestrian accident
- Gun shots
- Direct impact to the skull
- Medical malpractice
Head injuries fall into two types – closed head injury and open head injury. Closed head injuries result from head trauma – that is, something hits the skull and causes the brain to swell. Open head injuries involve a fracture in the skull. Open head injuries are considered “better” than closed head injuries since it provides room for the brain to swell. Closed head injuries (which are sometimes unnoticed and untreated) don’t provide space for the swelling of the brain and generally causes more serious damage.
Based on statistics provided by the Brain Injury Association of America, there are around 50,000 deaths out of 1.4 million cases of brain injuries every year. There are also over 200,000 hospitalizations where brain injuries were treated.
The Symptoms of a Traumatic Brain Injury
Brain injuries are sometimes dubbed as “silent” injuries, because it sometimes does not manifest itself immediately after an accident. But when left untreated, it may lead to debilitating results and sometimes these are irreversible. Some victims of brain injuries suffer from memory loss, personality disorders, mental disability, speech problems and mental retardation.
If you figured in an accident or an event where you hit your head or your head was severely tossed to and fro, it is important that you seek medical attention immediately. Brain injuries may manifest themselves not immediately after the event, but hours or days after. Be mindful of the symptoms.
For mild brain injuries, you may notice a loss of balance, a persistent headache, a ringing of the ears, blurry eyesight, a feeling of being lightheaded or dizzy and even a loss in your ability to focus and concentrate. There may be instances where you have unexplained mood swings or are unable to remember things. Some symptoms of moderate to severe brain trauma include getting into a coma, being paralyzed, a feeling of numbness in some body parts, slurred speech, convulsions and respiratory failure.
The Impact of a Brain Injury
You may be a victim of a brain injury due to someone else’s mistake, negligence or willful and malicious act. If so, you have the right to seek compensation from the erring party for the loss you incurred due to a brain injury.
Some cases include a doctor’s negligence, where the patient did not get enough oxygen to the brain which subsequently resulted in brain damage. There is also a case where a policeman used a stun gun on an intoxicated man. The man had a cardiac arrest and suffered from brain damage. Brain damage may also be sustained after a head-on collision of two vehicles.
And the loss may be considerable. This includes:
- Medical bills and medication
- Loss of income or loss of a job (as a brain injury will considerably restrict a victim’s cognitive capabilities and render him unable to do the work he used to do).
- Everyday expenses
Lawsuit Funding and Your Brain Injury Lawsuit
In some cases, brain injury lawsuits can be complicated because it may be hard to prove the extent of the injury. You will need to hire expert witnesses to show the injury and how it has affected your quality of life. The lawsuit may take you longer to settle than you expected. The question is, how will you survive that long?
Lawsuit settlement funding can help provide you with funds so that you can:
- File your case and not worry about legal fees and court costs
- Have money to pay for hospital bills and therapy
- Have the funds to provide for the family’s needs (money for groceries, to pay the rent or mortgage, etc.)
With the help of what is sometimes called a lawsuit loan, you can have ready funds while you are waiting for the results of your lawsuit. This means that if you lose the case or the case fails to settle, you don’t have any obligation to pay back what you have received.
This lawsuit settlement advance is usually based on the strength of the case, and not one’s credit standing or employment record. With a quality lawsuit funding provider such as FastLawsuitMoney.com, you could quickly get the cash in as quickly as 24 hours once your application has been reviewed and approved.
With the funds, your attorney can even work and negotiate a settlement with the other party. And since you are not pressed for funds, you negotiate from a position of strength. In this way, you and your family are able to fight for just compensation for the brain injuries you suffered.
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.