Posted on October 31, 2012 by Fast Lawsuit Team
Your elderly loved one needs constant care. Age has caused him or her to need the care that may not be available in your own home. That is why the family has decided to place him or her in a nursing home. The nursing home or a long-term care facility is especially equipped to assist your elderly loved one through the daily tasks of life – moving from one room to the other, bathing, walking, and finding entertainment. More important, a nursing home usually provides in-home nursing supervision, as well as an on-call doctor.
You have placed your loved one in a nursing home because it is, you believe, the best place for them. Sadly, though, some nursing homes are guilty of negligence in providing the attention, care and supervision that an elderly person needs. And because elderly persons are physically weak, they are especially vulnerable to abuse.
These abuses can come in the form of:
- Neglect. The nursing home and its staff should regularly see to the needs of their residents. This includes ensuring that their residents are given the proper amount of food and water, giving their medication as prescribed, ensuring that they are clean and providing emergency care when needed. In addition, the nursing home should ensure that there is adequate supervision and safety devices to prevent falls and accidents.
- Poorly equipped facilities. The lack of equipment such as wheelchair ramps, adequate lighting, emergency call buttons, bedrails and so on can result in falls, slips and other accidents.
- Lack of supervision. The management of the nursing home is responsible for making sure that their staff is behaving in a professional manner. Supervision also includes ensuring that facilities are properly maintained.
- Physical abuse. This can be willful acts of physical abuse, giving corporal punishments, overly using restraints
- Financial abuse. There are cases where nursing home personnel have wormed their way into a resident’s will.
- Sexual abuse. This can include improperly touching a resident’s private parts or having sexual relations with residents.
- Emotional abuse. This can come in the form of verbal abuse, scaring patients into following or involuntary seclusion. The staff’s failure to respond to calls for help so that a resident is made to wait for hours on end, wondering when help will come, may also be a form of emotional abuse.
Abuse can result in:
- Painful bedsores
- Broken bones
- Malnutrition and dehydration
- Irregular medication/medication errors
- Overuse of sedatives
- Psychological and mental scars (i.e. depression, anxiety, etc.)
- Physical deterioration, including the deterioration of a resident’s ability to perform daily tasks (such as dressing, bathing, going to the toilet, moving from one room to the other, communicating, etc.).
- Urinary tract infections
- Brain injuries
- Wrongful deaths
If you notice the following signs with your loved one, it is best to look more deeply into the situation. Here are several signs of nursing home abuse:
- Physical signs. Weight loss that may be too rapid and unexplained, signs that he is being overly restrained, falls, injuries and bruises, bed sores and weak and atrophied muscles.
- Emotional signs. Changes in personality, becoming depressed, uncommunicative or fearful.
- Sexual signs. Bruising in delicate parts (things, breasts, abdomen, etc.), bleeding or infection in the genital area, sexually transmitted disease.
Laws covering nursing homes
There are federal and state laws that protect elders. This includes the duties and responsibilities of nursing homes and other elderly care and assisted living facilities. Nursing homes are required to pass rigid quality standards, as well as obtain a license from the state. People who provide care to the elderly, such as nurses, doctors, therapists, orderlies, nursing aides and other nursing home staff are legally required to provide reasonable care and treatment to the elderly.
The Nursing Home Reform Act. Passed into law in 1987, this outlines the rights of residents in nursing homes. They have the right to humane treatment and to their dignity. They also are given the right to exercise self-determination and receive the highest “practicable physical, mental and psychosocial well-being”.
Filing a Nursing Home Abuse Lawsuit
A resident, if he is considered mentally fit and able to testify, can file the lawsuit. However, it is usually the relatives of the resident who files the lawsuit on his behalf. The nursing home should be held accountable for their negligent and willful acts. You can file for compensation for medical bills, as well as pain and suffering.
Being involved in a personal injury lawsuit can be particularly trying. It can also drain the family’s finances. During this time, you can consider applying for a lawsuit loan. The funds you can receive from a lawsuit cash advance can be used to provide your loved one with medical treatment and therapy, as well as transfer him to another nursing home.
When considering getting settlement funding, be sure to go with a trusted and reputable provider, such as FastLawsuitMoney.com. It has simplified its application process so that you don’t have to be burdened with paperwork and legwork. Also, as soon as your settlement funding is approved, you can get the cash in as quickly as 24 hours.
Posted on September 23, 2012 by Fast Lawsuit Team
You have suffered from whiplash due to a rear-end collision. Or, your back has been troubling you ever since that slip and fall incident while you were at the mall. Or, you are currently left depressed and traumatized by a botched operation.
These are just some of the reasons why people file a personal injury lawsuit. You have the recourse to file a claim for compensation from the party who was at fault. The compensation will cover not just the financial losses you have incurred because of the accident but also the pain, trauma and suffering you had to endure as a result of your injuries.
When you have filed a personal injury lawsuit, you are putting your physical injuries in question. You will need to prepare yourself mentally and physically for the challenge. You need to prove the extent of the injuries you sustained. On the other hand, the party you are suing would also like to show that your injuries are not as serious as you claim. The other party may call for an independent medical examination so that they can also verify your physical condition.
What is an Independent Medical Examination?
The Independent Medical Examination is presumably an opinion of an objective doctor about the real state of your health. However, it can also be considered as the medical examination that the other party has commissioned. The argument is that the doctor who has been treating you may have some bias as to reporting your physical condition. The defense will call for another doctor to “verify” the state of your health.
There are times when you will be required to go to the IME. The need to go to the IME may vary from state to state. However, there will also be instances where a complainant cannot be forced to go to an IME if this will be too burdensome if he is already suffering from serious injuries. The defense will shoulder the expense for any IMEs that they request; as such, they can also choose which doctor will perform the IME.
The IME will be scheduled and a letter will be sent to you outlining when and where this will be. It will also state the doctor who will perform the IME, including his specialty, as well as the scope of the IME. The letter may also include a request for your medical records and diagnostic test results.
The IME may be stressful to you, especially if you are already in pain and still have not recovered from your injuries. It will be helpful to come prepared to avoid further stress:
- Consult your lawyer. Your lawyer will guide you through the process and may have helpful advice for you. This includes avoiding discussions of things that are not pertinent to the IME, such as how the lawsuit settlement negotiations are going, your opinion of the degree of liability of the other party and so on. In some instances, your lawyer may also accompany you.
- Come prepared. If there is a request for your medical records, be sure to bring them. Also, come early. It will also be helpful to bring a companion who will take notes of the questions the doctor asks and the tests he performs.
- Be honest. Provide the information with regards to your medical condition.
- Don’t expect the report to be in your favor. Even if there are medical examiners that are professional about providing these reports, you need to remember that these are hired by the defense. Thus, don’t be surprised when the report tries to minimize the extent of your injuries. You can contest the results, depending on your lawyer’s advice.
Qualified Independent Medical Examiners
The defense could not just appoint any doctor they wish. There are rules governing the appointment of an examiner. These include:
- The IME doctor must be practicing his profession – where most of his professional time is spent in the treatment of the patients, rather than in giving IMEs and testimonies.
- The IME doctor must be certified, and posses the same level of education (or higher) as the doctor who treats you
- You and your lawyer can also investigate how much the doctor is earning from defense law firms and insurance companies
The doctor will check for the following:
- Your general appearance and the extent of your injuries. This will include how you walk and stand, whether you have difficulty getting on or off the examination table and indications of the existence of the injury.
- Manifestations of injury. The doctor will look at both objective and subjective manifestations of injury. The doctor will look into medical reports and diagnostic test results such as CT scans, x-rays or MRIs. The doctor will look at the level of pain you are suffering and how this limits your movement.
- The cause of your injuries. The doctor will check whether it is indeed the incident that caused the injury and not anything else. For instance, he will look into your lifestyle, whether you use drugs, are a habitual alcohol drinker or smoker, or you indulge in dangerous or hazardous sports. He will also try to see whether your actions (or inaction) exacerbated the injury. Other things that the doctor will look into include: recreational and social activities, prior sports accidents, any pre-existing condition,
- Whether these injuries are legitimate. The medical examiner will also look for indications that you have exaggerated the injury or if there are signs of malingering. The doctor will check how your daily living and recreational activities were affected because of the injuries and any restrictions imposed by doctors.
- The possibility of recovery (whether your injuries can be cured and the patient can make a full recovery and resume normal day-to-day living)
- Your employment prospects (whether you can work again or not). This includes the type of physical work you can do with the restrictions imposed, as well as what skills you already have are transferrable after the injury.
As you can see, the process of filing a personal injury lawsuit and proving it may be a drawn-out and difficult time. This is especially true if you are being financially drained, not just by expenses related to the case, but also with medical expenses. You may also have to leave work during your recovery. This is where lawsuit funding can help.
A lawsuit cash advance can help you provide the funds for your complete recovery, even as you fight for your fair and just compensation in court. Sometimes, the other party will try to negotiate for an out-of-court settlement as well. With the money you receive from the lawsuit loan, you will not be forced towards accepting a low settlement offer just because you are in dire need of cash.
FastLawsuitMoney.com is your provider of choice when it comes to trustworthy settlement funding. Its streamlined application process ensures that you don’t have to go through hoops just to get the funds. Once your application is approved, you can readily get the proceeds of the lawsuit funding in as quickly as 24 hours.
Posted on July 8, 2012 by Fast Lawsuit Team
Who caused the accident? Who is responsible for bodily injuries sustained? This is the underlying issue of a car accident personal injury lawsuit. When you are suing for damages in a personal injury lawsuit, you need to show that there is liability on the part of the person or organization that you are suing. This may be a driver of another vehicle, the company who manufactured your vehicle or a pedestrian.
A simple “He did it!” will not suffice for you to be able to get a settlement for any bodily injury you have sustained. Of course, you have to bolster your claim with accepted proofs:
- Proof of violation of state and local traffic laws. You can use the vehicle code (or the “Rules of the Road”) to show in what way the other party performed a violation. This may be failure to observe road markings, speed limits or right of way.
- Police reports. The usual procedure after a car accident would be that the police (particularly the traffic division) would come and make an assessment of the situation and put it in writing via an accident report. The police will also get statements from witnesses. The accident report can be made available to you upon your request. The report may contain the police’s opinion of whether there was a traffic violation and who caused it. There may be mention of a citation issued for the violation or a statement regarding a driver’s negligent behavior.
- Easily proven cases.
- Rear-end collisions. This is virtually a no-brainer. The rule is, whoever rear-ended the vehicle is at fault. A driver should be able to stop way before his vehicle reaches the rear end of the vehicle before him, regardless of whether the vehicle in front stopped for whatever reason. This should be easy to show when your vehicle’s rear-end is damaged and the other party’s front end is also damaged. It is also important to note that
negligence on your part may affect the amount of compensation you stand to receive.
- Collisions while one vehicle was making a left turn. Usually, the car making the left turn is the one at fault, since the right of way is for the car coming straight from the other direction. However, it can also be shown that the car coming straight is the one at fault if it can be shown that:
- the car going straight should have stopped but proceeded, even with a red light
- the car going straight was the one speeding
- the driver of the car who made the left turn made sure that it was safe to turn but something unforeseen caused it to stop or slow down.
- Photographs. You should take photographs of both vehicles, especially the parts which sustained the damage. Other things you should photography include:
- skid marks (that can show where the vehicles were going and can indicate the speed of the vehicle)
- your injuries
- conditions that could have led to the accident
However, it is important that you take these pictures with your safety in mind. Don’t take pictures of the scene of the accident when there are also other vehicles rushing about.
Proving liability on the other party’s part in order for you to claim for compensation may be complicated and may take time. When you have filed a personal injury lawsuit, it can be helpful to consider a lawsuit loan.
With funding from a lawsuit cash advance, you can cover medical expenses for injuries incurred in the accident, as well as expenses related to strengthening your case, such as gathering the necessary evidence.
The lawsuit loans provided by reputable companies such as FastLawsuitMoney.com don’t require you to present your credit rating or your employment record. Instead, they will make an evaluation of the strength of your case and consider whether you are eligible for a settlement loan. Once you are approved, you can get your funds in as quickly as 24 hours.
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 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 3, 2012 by Fast Lawsuit Team
A saying goes, “Be true to your teeth, or your teeth will be false to you.” Our oral and dental health is important. We practice good dental hygiene not just for cosmetic purposes (to have that bright, white smile) but for health purposes as well. Bad dental health can lead to a host of other illnesses (such as heart disease). That is why it is recommended that we regularly go to our dentist for check-ups and treatments.
As with other medical practitioners, dentists can make serious mistakes and acts of negligence that will result in service that falls below the prescribed standards of care. Dental malpractice covers treatment, failure to treat misdiagnosis or other mistakes or misconduct that no other reasonably prudent dentist or dental practitioner would have committed.
You must also remember that for the dental malpractice to be considered actionable, there should be injuries resulting from the malpractice.
Some cases filed with regards to dental malpractice covers:
- A failure to detect oral cancer
- A patient whose dentures were ill-fitting, which resulted into pain
- A patient who underwent severe pain and suffering for a dentist’s failure to provide him with immediate treatment due to an abscessed tooth. As a result, the patient had a severe infection to his brain that caused permanent spastic quadriparesis (muscular weakness of all limbs)
- A patient who suffered from multiple fractures in the jaw during wisdom teeth extraction
These cases were successfully filed and settled.
Here are other possible dental injuries and dental malpractice where the dentist may have liability:
- Wrongful death due to a treatment or oral surgery gone wrong
- Injuries (temporary or permanent) to the nerves of the chin, tongue, lips and jaw
- Delayed or improper treatment of oral diseases
- Injuries arising from the faulty use of anesthesia
- Misdiagnosis of oral condition
- Failure to diagnosis oral cancer, gum disease and other serious oral problems
- Infections and injuries due to misaligned or faulty prostheses, root canal or crown
- Improper treatment provided by an unlicensed dentist
- Infection sustained due to unclean, faulty or improper use of dental implements and products
- Loss of taste or numbness
- Structural damage to the gums, chin, lips or tongue
- Root canal injuries where treatment used Sargenti Paste (N2)
- Injuries resulting from teeth extractions that were unnecessary
- Failure to get informed consent from the patient
A Dental Malpractice Lawsuit
A dental malpractice lawsuit is particularly challenging. It is but natural that the dentist you sued will try to refute your claim, or at least, devalue it. Much of the case rests on expert opinion and testimony. Thus, you may have to prepare yourself to get the best experts that will sufficient prove your claim and protect the rights you have to demand for compensation for the injury, as well as the pain and suffering your went through.
You should also remember that there is a statue of limitations for dental malpractice claims – although the length of time will vary from state to state. If you are not able to file your lawsuit within the statute of limitations, you can no longer claim for the compensation due you. Also, if you are suing a dentist or dental practitioner that is under the employ of the government or a public hospital, you are required to provide formal notification regarding your claim in as quickly as 180 days.
The importance of ready cash
The lawsuit will most likely require the hiring of expert witnesses to show that the dentist is the person directly and irrefutably responsible for the injuries and the subsequent damages incurred. You also don’t have the luxury of time. This pressure to file the case and hire your expert witnesses is further compounded by the fact that you may need additional funds to treat the injuries you sustained due to the dental malpractice. And since your claim will eventually be paid by the insurance company that covers malpractice complaints for the erring dentist, you can expect the lawsuit to be a long and drawn-out process.
This is where lawsuit funding can help. Lawsuit funding can provide you with the funds to say “no” to the offers that may first be sent out to you by the other party. Without the cash to help tide you over, it may be very tempting to just give in and give up on the lawsuit.
The great thing about settlement funding is that it is non-recourse funding. This means that you don’t have to pay the funds back in the event that the case fails to settle. The lawsuit loan also is based not on employment records or credit standing, but on the merits of the case.
For quick and easy lawsuit loans, you can trust on FastLawsuitMoney.com. FastLawsuitMoney.com has built a solid reputation for processing applications quickly. You can receive your cash in as quickly as 24 hours once your application is approved.
Posted on August 29, 2011 by Fast Lawsuit Team
A car accident is an unfortunate event that may cost you, the victim, quite a lot. It may entail damage to property or worse, physical injuries. The sadder thing is that even when it is apparent that the other party is at fault, the payments may be slow in coming. You may actually need to file a lawsuit just for you to get just compensation for the losses you incur due to the car accident. You may also need to consider getting a lawsuit settlement advance as you await the settlement of the case.
Now, it is important to determine just how much you can expect as your compensation. It is usually easier to determine the value of the lawsuit if it is only property damages that must be taken into consideration. You usually just need to know how much it will cost to repair or replace the dented fender or broken taillights. However, if the claim involves personal injuries, it may take quite some work (and some negotiating) on your part to make sure that you are not short-changed and are fully compensated for the injuries you sustained.
There is a longer list of items to be considered when determining the cost of a personal injury. These include:
- Hospital costs. Depending on the extent of the injury, the bulk of the costs will cover the hospital bills incurred in your treatment. When computing for hospital costs, don’t just compute for the current bills, but also the future hospital and treatment costs in the course of your treatment. The costs should cover hospital or clinic charges, ambulance costs, emergency room fees, dental or chiropractic treatment, prescription medication and over the counter drugs, fees for lab or diagnostic tests and so on. It should also cover the medical supplies used, as well as doctor’s fees, nurse’s fees and surgical fees. The medical damages should also include the cost of therapy, prosthetic implements, medications you will need to take during and after the treatment and so on.
- Related damages. There are expenses related to your car accident injury that may not be medical in nature. For instance, you or your family may need to spend for travel expenses (going to and from the hospital or therapeutic center), as well as other out of pocket costs during your hospital stay. This may also include the payment for household help or childcare during your treatment and/or recovery.
- Adaptive equipment. Your injuries may also impair you in some way that you may need medical or adaptive equipment installed in your home or car in order for you to adapt to your injuries. For instance, you may need to buy a wheelchair and have a ramp built on strategic areas in your house.
- Lost wages/job loss. Your stay at the hospital will also mean days of not being able to go to work. This should also take into consideration lost earnings on overtime pay and sick days. Thus, even if you are paid your salary while you are laid up in the hospital due to the fact that you have claimed for sick days, you can still include the sick days as time lost from work.
If the injuries are such that you can no longer function in your old job, the other party should also compensate you for the loss of your job. If you are self-employed, you may have to prove just how much income you have lost. You should also get compensation if your injuries resulted in the loss of a job, the need to work on a part time basis or the need to get a job at a lesser rate.
- Loss of use, permanent disability or disfigurement. If you become disabled or lose the use of a certain body part, you may have to undergo regular treatments and checkups throughout your lifetime. Your age will play an important role in helping to determine how much compensation will be given with regards to disability or loss of use. Those who are younger usually get higher compensation due to the fact that they will suffer the disability or loss of use far longer.
- Loss of experiences (with regards to family life, your social life and educational experiences). Compensation should also be given for the loss of enjoyment you suffer because you are no longer able to take pleasure in the company of your family and friends or of educational experiences due to your injuries. You are no longer able to engage in activities, sports or even household tasks that you used to do and enjoy.
- Pain and suffering. Among the costs considered for a personal injury, this is perhaps the hardest to put a number on. This may be negotiated upon with the other party before the beginning of a trial or this may be determined by a judge or jury. Pain and suffering should also take into account the mental anguish, depression, embarrassment or stress sustained as a result of the injury. Often, the amount of pain and suffering damages will be based on how much a judge or jury is willing to award.
- Punitive damages. Depending on the state where you filed the lawsuit, you may also avail of punitive damages which are what the other party has to pay as a punishment for his careless or willfull act that resulted in your injuries. The punitive damages are also levied as a deterrent to others. The other party may be charged with higher damages if he failed to act in order to lessen or mitigage any damages he caused. For instance, if he hit you and escaped instead of stopping and bringing you to the hospital, then, the punitive damages will be higher.
Now, it will also be helpful for you to determine how much it will cost you to file your personal injury lawsuit. This can help in determining whether you need settlement funding or not.
- Lawyer’s fees. For one, you may need the help of a lawyer to ensure that your rights are duly protected. When it comes to personal injury lawsuits, you may be able to find a lawyer that is willing to work on a contingency basis. This means that they will notbe paid unless the lawsuit is settled. It depends on how much in contingency fees the lawyer will require. The contingency fee is usually lower if the lawsuit is settled before it comes to trial and higher if the lawsuit goes into trial or is appealed. The advantage of getting a lawyer on a contingency basis is that you won’t need to pay legal fees if you fail to settle the lawsuit. You should also ask when the contingency fee is applied – whether it is charged on the total amount of the settlement or after the cost of the medical bills have been deducted.
- Court costs. This may entail filing fees, the costs in getting witnesses to court, and the deposition of witnesses and so on.
- Expert witness costs. A car accident may need the testimony of experts to show to what extent the other party was at fault. Of course, you will need to cover the costs of hiring an expert witness.
Funding when You Need It
A personal injury lawsuit may mean a considerable amount of money, but it could also mean an extended waiting period you will have to endure as you wait for the lawsuit to settle. Meanwhile, you may suffer from financial troubles as a result of your injuries. It’s a good thing that you can get lawsuit funding from reputable provides such as FastLawsuitMoney.com.
Often called a settlement loan, this provides timely funding at the time when funds are dangerously low and you are tempted to settle for far less than what the personal injury lawsuit is actually worth.
FastLawsuitMoney.com is a trusted provider of Utah lawsuit funding and has helped a lot of victims of car accidents to have funds while they are waiting for the lawsuit to settle.