Posted on November 12, 2012 by Fast Lawsuit Team
An unfortunate event can leave you severely injured. The injury can come from any number of reasons. You can suffer from food poisoning while eating at your favorite restaurant. You may be visiting a friend and get bitten by his German shepherd. You can be rear- ended while driving home from work. You can slip or trip while getting your groceries.
All of these can result in broken bones, serious head or spinal injuries, lost limbs or disfigurement. And these injuries may require long and painstaking hours in treatment and therapy so that you can recover fully from them.
The mistakes and carelessness of others may have resulted in your injuries but you can still recover. What is important is that you can get back on your feet and continue living life to the fullest.
The Road to Recovery
It is important to keep these in mind to help you with your recovery:
- Don’t delay treatment. Even if you feel “fine” after an accident (i.e. a rear-end collision or a slip and fall), it is best to seek medical treatment. Seeking immediate medical treatment will help prevent further complications on your injury. This is also one way to prevent the erring party from turning the tables and saying you did not seek immediate treatment and thus worsened your injuries.
- Continue with your treatment. Remember that during emergency treatment, the full extent of your injuries may not be readily seen. Thus, follow ups with your doctor is necessary.
- Stay positive. Of course, the situation is hard, especially when the accident is something that could have been prevented if the other party had been more careful. But keeping a can-do and positive mindset will also have a positive impact as your recuperate.
- Get financial help. After you have filed your personal injury lawsuit, consider applying for lawsuit funding from reputable companies such as FastLawsuitMoney.com. Remember, your recovery may require you to spend a considerable amount in treatment and therapy. With the money from a lawsuit cash advance, you can get the necessary medical interventions and therapy to help you recuperate fully.
- Get help from others. You may need help at the home front while you are recovering. For instance, you can seek housekeeping or childcare services to help you take care of the house and the kids while you are not able to do so yourself because of your injuries. The money you get from the lawsuit loan could also help pay for these.
- Be honest about the pain you’re feeling. This is not a time to soldier on and paste a smile on your face, even when you are feeling pain, or even episodes of depression, trauma or fear. Along with a medical professional that will treat your physical injuries, you may need the help of another professional to address any psychological effects of the accident and your injuries.
- Don’t force the recovery. Don’t put too much pressure on yourself to be up and about. Get the help and advice of your therapist to gauge whether you are ready and able to go back to work. Forcing the recovery and getting back to the job when you are not mended fully will only worsen your injuries.
Going back to work after the accident
An accident and the resulting injuries can make you question whether you are able to lead a productive life. However, being able to go back to work is one important step in your full recovery – not just physically but also psychologically. To do this, you should:
- While recovering, keep in touch with your employer for them to know how you’re doing and when they can expect you back, if ever. This will help them make any necessary adjustments to help make your return to work easier.
- Have a professional evaluate your physical condition and how it may affect your ability to perform specific tasks. He may recommend further therapy or treatment.
- If your injuries leave you unable to perform your previous work-related tasks, you can look to whether your employer can provide you with a different set of tasks.
- Go on a comprehensive program that seeks your complete vocational rehabilitation. Seek retraining or further education when an alternative occupation is warranted.
- Don’t take on too much when you go back to work. Rather, do your “comeback” in phases. If your employer will allow, work for a few days a week before you go “full swing”.
Those who were negligent and caused your injuries should also be held responsible and should provide you with fair and just compensation to help you with the process of moving on. You can do this by filing a personal injury lawsuit against the persons responsible.
Your personal injury lawsuit will include a demand for compensation for:
- Medical expenses and doctor’s fees, both present and future expenses
- Outpatient care and therapy
- Services of medical professionals, such as nurses, occupational therapist and social work
- Services of non-professionals, such as those in charge of housekeeping or childcare
- Lost income and loss of a job
- Compensation for pain and suffering
- Compensation for loss of consortium (or the enjoyment of companionship (including spousal comfort, assistance and sexual relations) because of your injuries
- Compensation for the diminished capacity to enjoy the things one used to enjoy
With the help of a lawsuit settlement loan, you can continue with your lawsuit without the financial worries that can hamper your recovery. You can fight for the compensation that can help you pick the pieces of your life and enjoy it anew.
Posted on August 23, 2012 by Fast Lawsuit Team
You were walking when you tripped over an uneven section along the sidewalk. Or, you were driving along the highway, when you were rear ended by a police car in hot pursuit of a fleeing suspect and this resulted in sever soft tissue injuries. Or, your child was playing in the park and was cut by a broken section of the slide. Another case would be an accident caused by a malfunctioning traffic light.
If you suffered from a personal injury from the above instances, who do you sue?
When you suffer from an injury that occurred while you are inside private property – you know who you can name in the personal injury lawsuit. This includes the property owner, the business owner or the property manager. But with government property, things can be different.
Basic Principles of Premises Liability
Premises liability states that those who have the right to be in a certain property or area (i.e. a hotel, a private home, a restaurant, etc.) should be able to expect that he is reasonably safe in that premises. There are four basic elements in premises liability:
- Duty. The entity running the business, the owner of the house or swimming pool, or any other property owner has the duty of care to people they invite or allow inside their property. There is a responsibility to exercise reasonable care in keeping the premises free from risks.
- Breach of duty of care. The entity or owner is negligent of this duty if he fails to exercise due reasonable care in maintaining the property, providing adequate warnings, keeping security measures, etc.
- Causation. This breach on the part of the property owner has resulted in injury to another party (i.e. guests invited to the home, shoppers in a mall, etc.). It should be shown that the negligence had foreseeable consequences.
- Damages. The injury caused damage to the victim. This damage can be financial (i.e. medical expenses, lost income) as well as emotional, physical and psychological (i.e. trauma, pain and suffering).
The Government’s Sovereign Immunity
The government owns a huge percentage of property that can come in the form of:
- Government buildings
- Bridges and causeways
The government has the responsibility to ensure the proper maintenance of these and to keep public properties safe for its users. There are instances where sovereign immunity shields the government from potential premises liability lawsuits. There are also some specific legal procedures and limitations involved when a premises liability lawsuit is filed.
The Federal Tort Claims Act of 1946 has specified at what instances the federal government is liable for wrongful death and personal injury. This covers lawsuits that can be filed to government employees who act within their duties.
Special defects. The duty of care owed by the government may be different than the “normal” duty of care that a property owner has to exercise towards his invitees. The government usually limits liability to special defects – these are defects that present a danger for its users that is unexpected and unusual. For the government to be liable, it should be shown that the government should know or should have known about the problem and yet failed to act upon it.
Planning Decisions. In some states, you cannot sue the government if its planning decisions result in injury. For instance, the government has planned to undergo major road repairs and has rerouted traffic flow accordingly. If you figure in an accident that is caused by the change in traffic flow, the government is protected from the lawsuit for its planning decision.
Acts of government employees. If a government employee, acting within the scope of the authority given him by the government, exercised neglect or breached a duty of care and this negligence or breach resulted in injury, the government can be held liable. However, if a federal employee acts according to his discretion and failed to exercise due care in the performance of a government regulation or statute, the government is, more often than not, immune to any resulting lawsuits.
Acts of government contractors. Generally, independent contractors commissioned by the government cannot be sued under the FTCA. However, if an independent contractor that is hired by the federal government acts negligently and this results in injury, the government may be liable if it can be shown that the government had the authority to supervise the contractor’s day-to-day activities and keep track of what the contractor was doing.
Public transportation system. Bus, subway trains and other government property can be areas where the government can be liable when the injuries are caused by a failure on the part of the responsible government entity to inspect and repair defects.
Filing a claim. Before you can file a lawsuit against the government, you must first file a written notice of claim and address it to the federal agency in question. You must file this within the time limit. This can vary per city and state and can range from 1 month to 1 year. Under the FTCA, you must file your claim within two years.
Government response time. Upon receipt of your claim, the federal government has 6 months in which to make an investigation with regards to the incident and to respond. The government entity in question can admit your claim (and pay you outright). It can also deny your claim or fail to act upon the claim. In this event, you can proceed with your lawsuit. You have six months to file this.
The long and short of the matter is, it’s complicated! The regulations covering government liability may vary from state to state.
When you feel you have reason to “fight city hall”, be sure to have adequate legal advice and representation. Remember, regardless of the limitations prescribed by the FTCA, the federal government still compensates valid claims allowed under the FTCA.
When you are involved in a personal injury lawsuit against the government, you may have a long wait coming – especially after you have filed your notice of claim. It can be helpful to look into applying for lawsuit funding to help with your family’s financial needs while you are awaiting the resolution of your complaint.
Reputable companies such as FastLawsuitMoney.com have helped victims for years in providing settlement loans to victims who have yet to receive the settlements from their lawsuit. The money from the lawsuit cash advance can be used to pay for medical bills, household bills and court-related costs.
Posted on June 29, 2012 by Fast Lawsuit Team
A personal injury is like a pebble being thrown into a calm lake. Although you feel the disturbance at the initial impact, the ripples it creates may last longer and extend to other areas of your life. When you are injured and recuperating in the hospital, there are other losses that you have to consider, aside from the obvious financial impact of the hospital bills.
Due to the injury you sustained, you and your family will suffer from a loss of income, financial loss related to the need to equip your home with adaptive equipment, as well as the need to hire a nurse or caregiver. Aside from this, your family losses not just the joy of your presence but also the essential services you provide.
A parent not only acts as the family’s breadwinner, he or she is also a caregiver – a cook, driver, housekeeper, and so on. Your injuries may prevent you from providing these services to the people you love.
If you have been injured and are now suing another party who is liable for your injury, you can also include loss of essential services in your claim.
There is a “cost” involved. Keep in mind that although you don’t charge your family for the essential services you do, it will cost you a specific amount if you hired someone else to mow the loan or cook your family’s meals.
Computing for the claim. The claim for Loss of Essential Services can be computed by the essential services you provide and what it would reasonably cost for someone else to do it for you. For instance, you used to drive your children to school, clean the house and prepare the meals but because of a serious back injury or even a soft tissue injury, you are in too much pain to do these after the accident. You can add the cost of hiring a housekeeper/driver to your personal injury claim. One other way of computing for the loss of essential services is computing for your current costs and deducting the usual costs involved in your performance of the service. For instance, if you were the designated cook in the family and your family had to dine out because you can no longer cook, the other party does not have to foot the whole food bill, only the difference between what you now pay for your food and what you used to spend when you were the one doing the cooking.
Justifying the expense. To make the claim payable, you should also be able to justify the need for having someone else do the work for you. Your injuries are such that you can no longer do these things, not that you no longer want to do these things.
- Tasks were previously done by you. You need to show that you have always done these things prior to the injury. If you can show that you have always been doing the household chores (i.e. other parents in your child’s school can testify that you drove the kids to school or your lawn was always well-maintained), then it shows that you are to be compensated with the loss of the services you used to do.
- The doctor certifies your inability to perform the tasks. You also need to show that based on the doctor’s reports, you are now unable to effectively do the tasks you need to do. The doctor should justify the fact that you are in pain and that the pain and your inability to do your usual chores are a direct result of the injury you sustained. Then, you can show that the injury was due to the accident for which the other party is liable.
- Document. It will be helpful to obtain receipts for the services you paid for, to help justify your claim.
While you’re waiting for the lawsuit to settle, including the cost of the loss of essential services, it may be helpful to consider getting lawsuit funding to help with your current financial worries. The cash you can get from a settlement loan can be used to pay for essential services, as well as help cover the cost of your hospitalization and day-to-day living.
You can apply for a lawsuit loan from FastLawsuitMoney.com and get the ball rolling towards getting the funds you need. Once your lawsuit cash advance application is approved, you can soon get the funds without having to worry about paying it back should the lawsuit fail to settle.
Posted on June 3, 2012 by Fast Lawsuit Team
Carbon monoxide is a silent killer. While you play, eat or sleep, it quietly seeps into your home, your car or any other play where you have all the reason to feel safe. Since the presence of carbon monoxide is hardly noticeable (it’s odorless and colorless), you don’t know that the poison has invaded your family.
Carbon monoxide poisoning may be caused by a variety of reasons:
- Poorly maintained and defective appliances
- The absence of the proper ventilation for gas powered heaters and stoves
- Defective and poorly maintained heating systems and boiler systems - Clogged up chimneys and exhaust systems
- Fuel-powered equipment that is run by internal combustion engines. This includes cars, portable generators and lawn mowers
According to statistics, there are about 40,000 carbon monoxide injuries annually. In addition, carbon monoxide poisoning leads the top 10 causes of fatal poisonings in the country, with some 170 people dying every year from carbon monoxide poisoning caused by non-automotive products. If you or a loved one has sustained serious physical damage (or even a fatality), you can file a carbon monoxide poisoning lawsuit to claim for compensation.
Carbon Monoxide Basics
When carbon based material or fuel (such as charcoal, coal, wood, kerosene, natural gas or oil) is burned up, the resulting gas is carbon dioxide. However, there are instances (particularly in badly ventilated areas and enclosed spaces) where there is an inadequate amount of oxygen – the fuels are improperly burned up. Instead of carbon dioxide, carbon monoxide is produced. This is composed of one carbon and one oxygen atom each.
Carbon dioxide enters into the body through inhalation. Once it is in the bloodstream, it inhibits the blood from transporting vital and life-giving oxygen to the cells of the body. The victim starts feeling the symptoms (nausea, fatigue, shortness of breath, mental confusion, vomiting and fainting) but it may be too late. If the body has been starved of the oxygen it needs, it loses coordination and control. The victim is powerless to move to save himself. If not rescued, the victim may die.
Even if a victim survives the carbon monoxide accident, it can still result in serious physical damages:
- Kidney failure
- Brain damage
- Heart damage
- Blindness or visual problems
- Deafness and/or speech disturbances
- Irritability or dementia
- Memory problems
- Skin lesions
- Muscle necrosis
The victim may require extensive medical treatment, physical or occupational therapy and special education. Aside from that, the victim will suffer from a diminished quality of life and lost wages or loss of a job. The victim may also need to have his house installed with adaptive equipment.
Who is liable?
Based on the situation, there are a number of entities or persons who may be liable for carbon monoxide poisoning:
- Landlords, condo or apartment complex owners, rental property managers and owners who fail to provide proper maintenance for property being rented out or being used for commercial purposes
- A manufacturer of heating systems or boiler systems that provided a defective product
- A manufacturer of carbon monoxide alarms
- A car manufacturer. There is a case where the car manufacturer, Toyotam was sued because the automatic shut off in the car (which was supposed to protect against carbon monoxide poisoning) was defective
- Contractors where it can be shown that their negligence resulted in the carbon monoxide leak
- Repair companies who are responsible in providing maintenance services
- Gas companies
- Employers who allow their employees to be exposed to carbon monoxide
Filing a Carbon Monoxide Poisoning Case
To help you file your lawsuit, you should consult a personal injury lawyer who is experienced in handling carbon monoxide poisoning cases. The lawsuit will demand for compensation not just for medical expenses, but also for pain and suffering, lost wages and punitive damages.
Carbon monoxide can be complicated since it can cover a wide area (premises liability, products liability, negligence). You need to prove the source of the carbon monoxide poisoning and also show who is liable for the incident. Aside from that, it may need the testimony of various experts – doctors, engineers, toxicology experts, environmental health practitioners and psychologists.
A carbon monoxide lawsuit may last longer than you expect. This also means that the compensation due you will come long after the hospital and household bills have piled up, you have become broke due to losing your job and having to face the need to pay for therapy and your financial worries have long been wearing you down.
At this point, lawsuit funding may be the solution to your problem. A lawsuit loan provides you with ready access to much-needed funds without you having to go through hoops and be buried in mounds of paperwork. It provides you with the financial solution to your financial woes while you are fighting to get the compensation that is due you.
Lawsuit funding, which is also called a settlement loan, provides non-recourse funding to eligible applicants. This means that once your lawsuit cash advance application is approved you can get the funds and only pay it when the lawsuit has been settled.
Posted on May 28, 2012 by Fast Lawsuit Team
The common saying goes, “Sticks and stones may break my bones, but words will never hurt me.”
In today’s modern society, this may not be true. Damage can be inflicted and sustained due to vicious lies and malicious words. Reputations can be sullied and can result in emotional trauma and monetary loss. A person who sustains personal damages due to false statements may sue for libel or slander.
This can refer to statements and allegations regarding:
- A person’s commitment of a crime, including a crime of moral turpitude
- A person’s competence or professional character
- A person’s moral standing (i.e. a married person accused of adultery or a single person being unchaste)
- A person’s contracting a loathsome disease such as a sexually transmitted disease
Libel vs. Slander
Libel and slander both fall under defamation of character, which is defined as personal damage and harm caused by the issuance of false statements with regards to the person. The difference between libel and slander is the medium by which the lies are propagated. For libel, the defamatory statements were made in a printed medium (i.e. newspaper or magazine). Slander refers to defamatory statements spoken and heard (or what is called non-fixed or transitory representation).
The elements that make for a defamation of character case:
- False and defamatory statements were issued against a person (either through a fixed or non-fixed medium). A statement is considered defamatory if it results in decreasing the respect for the complainant or if it causes other people to have disagreeable or hostile opinions about hi,.
- Another person other than the injured party witnessed (saw, heard or read) the statement
- The statements were about the injured party and that the person/s who saw, heard or read the statement can identify that the complainant is the person being talked about
- The statements were injurious to the complainant’s reputation.
This can cover instances where:
- A person speaks in public (or inside an elevator) and other people hear
- A person sends a letter or e-mail message
- A person writes about it in the newspaper
- A newspaper or publication republishing a defamatory statement (i.e. the newspaper prints out a letter to the editor that defames another person)
This does not cover:
- Statements that are true
- A person inadvertently reading personal messages that were not meant for him or who unknowingly transmitted defamatory material (i.e. the post office which sent of the letter having defamatory content)
- There was written consent or an express agreement to the publication from the one being “defamed”
- Defamation of a category of people or general group or an unidentified person (i.e. a government official falsely accused of graft and corruption is not considered libelous since that official was not identified)
- Statements made in court or filed as a legal document. This includes judges, lawyers and witnesses during court proceedings. This protects witnesses and lawyers from being sued since their statements will be defamatory in nature.
- Statement of opinion. Some states allow one to state an opinion as opposed to fact, as long as it can be shown that the public is in a position to know whether the statement made is only an opinion and to judge whether or not it is true. One variation of this would be providing a comment on a matter that is of public interest. For instance, if a government official is accused of sexual harassment, giving your opinion that the official is guilty is not cause for that official to file a lawsuit against you.
The challenge of proving defamatory statements
Libel and slander are generally hard to prove. You have to show that you are clearly the one being discussed and defamed and that the recipients of the statement or message understand that the statement is defamatory and that it is about you. Also, to be able to file for damages, you need to show that there is damage sustained due to the defamatory statements. The accused may also fight back by showing that you as the complainant already have a poor reputation in the community. This is an effort to minimize the claims for damages you may make.
In addition, public figures need to prove another element if they are to file a claim. They have to show that there was actual malice when the statement was made. This means that the defamatory statement was made even when the person who made them knew that they were not true or that the statements were made without first verifying it.
Various states have differing statutes covering defamation of character cases. Each state has its own rules when it comes to whether there is cause of action and what defenses may be used. There are also some states that give the accused a chance to make his apology (in public) before non-economic damages may be claimed.
As you can see, filing a slander or libel lawsuit may be challenging and difficult. You need to show concrete proof. In addition, filing a lawsuit only puts the spotlight on the issue that may have only been known to a few people. To make matters worse, losing a defamation lawsuit due to lack of evidence will result in the public thinking that you lost because the allegations were true.
However, if you think that you have solid evidence backing up your claim, you are within your right to file a lawsuit. To provide you with more funds while your case is being heard, you can consider getting lawsuit funding.
Lawsuit funding, or sometimes called a settlement loan, is provided to those who have filed a lawsuit and are in need of funds while they are waiting for their lawsuit to be settled and for damages to be paid to them. With settlement funding, one can pay for medical bills, cover household bills and pay for court-related costs.
Lawsuit loans enable you to resist the urge to go for a low compensation settlement offer from the party you are suing. You can get access to much-needed funds in as quickly as 24 hours once your application has been evaluated and approved.
Posted on April 6, 2012 by Fast Lawsuit Team
Faulty electrical wiring may simply give you an unpleasant jolt. Or it can be career-ending. Worse, an electric shock can be fatal.
Take the case of a commercial airline pilot who suffered from electrocution while taking a shower in his hotel bathroom. He had recently passed a physical examination that vouched for his good health and eligibility to fly a plane. It was shown that the light fixture in the shower was defective and caused the electric shock, which affected his eligibility for his job. The pilot has the right to sue for compensation – for the pain and injury, as well as for the loss of his job.
Electric shock and burns
Electric shock and burns are caused by electricity passing through the body. The severity of the physical damage depends on the area of contact, the strength of the electric current and the length the person was exposed to the electric current. When the current that passes the body is perpendicular, passing from hand to hand, there is fewer electrical current that passes through the body. When the current passing through the body is parallel, passing from head to toe, there is more damage as more vital areas in the body are affected. If the person is wet (due to a shower or sweat), this could also have a negative impact on the severity of the injury.
Physical effects of an electric shock could include:
- Contact burns
- Deep burns in internal tissues
- Muscle injuries since the electric shocks force violent contractions of the muscles.
- Bone injuries (dislocations or fractures) – the violent contractions can also break or dislocated bones.
- Internal organ damage (kidney failure)
- Brain damage
- Cataract formation
- Death due to cardiac arrest
There are also secondary effects to the electric shock. If the person fell or was thrown backwards during the shock, he can also sustain additional injuries.
Causes of Electric Shock
Electric shock can be caused by:
Work accidents. Workers, particularly in the construction industry, have a higher than normal risk of electric shock, especially if safety procedures are ignored or violated. Construction sites may have open lines. Those working on roads may touch underground cables.
Defective products. Users of defective products may experience electric shock caused by faulty design or by faulty manufacturing.
Maintenance problems. Customers may be victimized in public facilities such as amusement parks, hotels, hospitals and so on if some of the equipment is poorly maintained.
Contractor mistake. Errors in the construction of the house and set up of electrical lines may result in electric shock injuries.
Other causes of electric shock include water penetration, sockets with too many electric appliances plugged in and faulty wiring.
Filing a Personal Injury Claim for the Electric Shock
For you to have a case against the erring party, you must show that the other party has a duty of care to you – you are a customer, an invited guest, an employee. The other party must have the responsibility of ensuring that the product or premises is safe from electric shocks. It must be shown that if they had not been negligent, the shock and subsequent injuries could have been prevented.
If you are a victim of electric shock, you must make sure to seek medical treatment for your injuries so that it can be shown that you have done your part to minimize the amount of damage you sustained.
When you file an electric shock lawsuit, you should include the following:
- Medical expenses related to the electric shock (both present and future)
- Loss of income
- Pain and suffering
- Cost of adaptive equipment and therapy
While you are waiting for your lawsuit to settle, you should consider applying for a lawsuit cash advance. This will help fund your medical treatment to ensure that there is no further physical damage. The cash you get from lawsuit funding can be also used to pay for your day-to-day expenses, as well as to cover for court-related costs.
FastLawsuitMoney.com is a reputable provider of lawsuit settlement loans for people who are awaiting the settlement of their lawsuit and are in dire need of funding. With FastLawsuitMoney.com’s streamlined applications process, you don’t need to provide records of your employment or credit rating. You can also get your funds quickly, 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.
Posted on April 4, 2011 by Fast Lawsuit Team
Lawsuit funding offers a welcome lifeline at the time when a plaintiff needs cash the most. Lawsuit funding provides the plaintiff with the money that they can spend as they sees fit. More likely, this is to help cover medical bills, household expenses and legal costs.
But for this article, we will explore how lawsuit funding helps the lawyer. Yes, it’s not only the plaintiff that benefits from lawsuit funding. The fact that the plaintiff has received this funding will also affect how the lawyer can build the case.
So, how does lawsuit settlement funding help lawyers? Let us count the ways, shall we?
It helps plaintiffs withstand and survive a personal injury lawsuit. A lawyer can provide advice, but of course, the decision is up to the plaintiff. The plaintiff may decide to accept a settlement because of their financial situation. At a time when the plaintiff is severely injured, they may be temporarily or permanently disabled to the point that they have lost their job for a period of time or is on the way to losing it. The injuries will also mean that they have already spent quite an amount on medical costs (or are facing a whole lot of hospital bills). On top of this, they also want to ensure that their family’s needs are met, the mortgage or rental is paid and food is on the table. The financial pressure of all these may be too much that the plaintiff will say “yes” to a settlement that the lawyer knows is not in their best interest. With lawsuit funding, litigation can be continued without pressure on both the plaintiff and the lawyer so that the lawyer can fight for the maximum settlement.
It develops a good relationship with the client. During this time of need, a client will usually look to the lawyer for some financial help. In most cases, the client may request the lawyer for a loan – and the lawyer has to say no. Lawyers are not allowed to provide loans to their clients – this is prohibited by ethical rules in most states. A lawyer’s saying no may put a damper on his lawyer-client relationship. There are some states that allow lawyers to provide loans, but the money should be provided in advance without interest.
It helps the lawyer build a strong case. A lawsuit involves a lot of paperwork and legwork. Lawsuits involve taking depositions, hiring expert witnesses, getting tons of pictures of the scene of the accident, getting reports from applicable institutions and so on. The building of the case may be seriously hampered by the client’s financial situation. A lawyer can actually advance the cost of litigation and make it contingent upon the result of the lawsuit, but if the lawyer has financial limitations, this may also affect the case.
Getting the maximum settlement for the client is good for business. Word spreads. People talk about how this lawyer got the best settlement deal for their client. And more people who are thinking of filing a lawsuit will think about using this lawyer. And satisfied clients will also come back to the lawyer when they need legal advice and service and will direct their friends and loved ones to their attorney of choice.
Thus, settlement funding can be an effective tool, not just for the plaintiff/client but for the lawyer as well.
FastLawsuitMoney.com provides you with fast and reliable pre-settlement lawsuit funding. We only need to talk to the lawyer to discuss the case and determine whether the client is eligible for the funding. This can help the lawyer and their client work to get the maximum settlement value.