Posted on April 15, 2012 by Fast Lawsuit Team
With personal injury cases, the clock’s running. If you don’t file your lawsuit in time, you will find that you may have already lost your right to claim any damages. The statue of limitations is a law that limits the length of time you can file a lawsuit after you have been injured or experienced damage. Once the statute of limitation expires, you can say goodbye to any compensation.
Why is there a statute of limitations?
The statute of limitations was established in the interest of fairness, both to the victim and to the one potentially being sued. The statute is there because victims should not need to wait an unreasonably long period of time before filing a lawsuit. Waiting a long period may be detrimental to the case since evidence may long be gone or forgotten. If the lawsuit is filed years after the accident, witnesses may already be hard to find and may only have hazy memories about the accident. It is also fair for the erring party – for him to be able to move on without having to worry about a lawsuit anywhere in the future.
Varying Statues of Limitations
If you are a victim of an injury, it would be best to consult with a lawyer about the statute of limitations applying for your case:
- Where the lawsuit is filed. States have their own statute of limitations – they can range from one year to six years. Some states also provide special rules for minor complainants – usually, the statute of limitations does not start until the minor turns 18 years of age.
- Whether it is filed in a federal or state court.
- The kind of lawsuit filed or otherwise known as “cause of action”. For instance, in the state of California, slander or libel has a one-year statute of limitations while you have two years to file a personal injury case.
- If the lawsuit is filed against the government. There are strict rules when it comes to suing a government employee or entity. You usually have as little as 60 days to file a “notice of claim” after you have been injured.
When does the clock for the statute of limitations begin?
- The Discovery of Harm Rule applies when it comes to determining the start of the statute of limitations. The clock starts to run when the complainant is aware that he has suffered harm. This is especially true for defective medicines – where the effect of the problem may only be noticeable after a certain length of time. Another example would be a customer who hires someone to construct his house. A faulty foundation may not be immediately noticeable. But, when the foundation suddenly collapses after several years, the customer has the right to seek redress. However, the delay in one’s finding out about the damage he sustained should be reasonable by certain standards. If the person taking the medicine experiences some bad side effects but refused to get medical treatment for a number of years, his claim may no longer be applicable and the statue of limitations may have already expired.
- For minors, the statute of limitations begins when the minor complainant turns 18.
- For relatives who want to file a lawsuit in behalf of the victim and if the victim dies within the statute of limitation, the time limit is extended from the date of the victim’s death.
- For individuals who are declared legally insane or who are in prison, the statute of limitation does not start until the individual is considered to have legal capacity or have access to the courts.
Lawsuit Funding for Personal Injury Lawsuits
Knowing your own time limit for your lawsuit is important so as to ensure that you maintain the right to sue. But if you are the injured party, more often than not, you will not need a statute of limitations to remind you to file a lawsuit in order for you to get the compensation. By the time you get out of the hospital, you may already have to face a mountain of bills and debts. You may be easily tempted to give in and give up the case in exchange for a measly settlement amount.
But, if you have access to funds, you can continue with your lawsuit without fear of financially going under. Lawsuit funding will help you survive this trying time. This is non-recourse funding for those who need a little financial shot in the arm. By non-recourse, this means that you don’t have to pay back the lawsuit loan if the case does not settle.
For a reputable source of settlement funding, you can go to FastLawsuitMoney.com. FastLawsuitMoney.com has since built a solid reputation for fast applications processing. You don’t need to present mounds of paperwork. You also don’t need to show your employment status or your credit rating. And, once the application is approved, funds can be in your hands in as quickly as a day.
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.
Dental Malpractice
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.