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Litigation Funding Blog

MIST defense defeated at trial of severely injured man

November 30, 2010

Snatching victory from the jaws of the defense is a feather in a personal injury lawyer’s cap. This case outlines how.

“It’s always nice to be able to beat a big insurance company in court,” said Daren Monroe, who writes for Litigation Funding Corporation, Southfield, Michigan. “This is a stellar case, where two personal injury lawyers took an aggressive approach to a tough case and won the day.” The verdict in this particular trial was close to a million dollars and was the result of a horrendous truck accident case. The insurance company went to court because they felt their position was defensible and they were planning to be tough about it.

The case was about a 28-year old man who was involved in a wreck with a truck. He was in good physical shape before the crash, meaning he had no lower back pain and did not have any pre-existing injuries. After the collision, he was in constant pain that escalated to the point where he required low back fusion surgery.

This didn’t make much of an impression on the insurance company, whose trial tactics were to focus on the lack of visible damage to his car, dispute liability for the accident in total, and suggest the man was faking his injury. “The insurance company even went so far as to hire a private investigator to follow him around and gather evidence. But there was nothing to find,” Monroe said.

The part about the plaintiff faking his injuries is usually referred to as the MIST defense, which breaks out to minimal impact, soft tissue. In a nutshell, insurance companies aim to convince a jury that very serious personal injuries, like this plaintiff’s back injury, can’t possibly happen as a result of low damage accidents.

“The MIST defense is a bit of hogwash, as people have been catastrophically injured or even killed in low damage accidents, while others in total wrecks walk away unscathed,” Monroe said. “Put another way, there is no correlation between injury and vehicle damage.”

Waiting for the verdict in this case would have been very financially difficult for the plaintiff, who was trying to recover from significant back surgery and major pain. He would have likely needed money to pay his bills, but didn’t know where that would come from and how he could manage his expenses. This situation would be ideal one for the plaintiff to apply for a lawsuit loan.

It’s easy to apply for litigation funding. It is a no hassle process, as the legal finance company knows how much the plaintiff has already gone through to get to them in the first place. To that end, anyone who applies and qualifies for pre-settlement funding does not pay to apply for funds, does not have to shell out upfront fees, does not have to make monthly payments and does not need to go through a credit check or have a job.

Litigation funding is worth checking into, as it could set the plaintiff back on their feet financially, until the case is settled. In the process, they don’t have to take any offers from the insurance company, not with a lawsuit cash advance in the bank.

To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

Truck driver flees the scene of fatal accident

November 20, 2010

One wonders what happened to people taking responsibility for their actions. A trucker fled the scene of this fatal accident, attempting to avoid being caught.

This fatal accident took place on the Burlington-Bristol Bridge when a metal bar came off a dump truck loaded with stone and heading for New Jersey. According to police reports, the dump truck suddenly crossed into oncoming traffic and hit a vehicle. The bar pierced the windshield of the vehicle hit by the truck, causing the driver’s death. Rather than wait at the scene of the accident, the trucker took off.

“It so happens that the bridge authorities keep surveillance tapes and caught not only the accident on tape, but the trucker fleeing the scene and ultimately pulling into a parking lot after crossing the bridge and then using back roads to get to his destination,” said Daren Monroe, who writes for Litigation Funding Corporation, Southfield, Michigan.

Thanks to the tape, the police were able to find the owner of the truck, Aldeep Enterprises. The trucker who was driving at the time of the fatal accident eventually surrendered to the police and found himself facing charges of obstructing government function and several motor vehicle counts.

“He was taken to jail and held on $75,000 bail. A quick check of his driving record showed a series of minor moving violations and at least 11 suspensions for administrative reasons,” Monroe said.

“There’s not much question about who was liable for this accident, and it’s likely the family of the person killed in the accident will want to speak to a wrongful death lawyer about filing a lawsuit. They will need to know their rights and how to deal with the crushing loss of their loved one,” Monroe said.

The family might find themselves in financial difficulties due to the death of their loved one and not know how they are going to be able to pay their bills. The solution to this dilemma is to apply for litigation funding to help tide them over until their case is settled or goes to court and a verdict is handed down.

Pre-settlement funding is applied for by filling out an application online at the litigation finance company website. It is easy to fill out and only takes a few minutes. Once the case has been assessed, the lawsuit cash advance is sent out within 24 to 48 hours by check or wire.

“Applicants for lawsuit funding do not have a whole bunch of hoops to go through to get their legal financing in place and they don’t have to pay any upfront fees either. In fact, there is no cost to apply for pre-settlement funding and the plaintiff will not be shelling out any monthly payments to pay the lawsuit loan back,” Monroe said. If the case is lost in court, the plaintiff keeps the lawsuit loan; free and clear.

When a family is cash strapped due to the sudden loss of a loved one, litigation funding is an emergency loan to tide them over until they get justice. It allows them to pay every last bill they may owe and keep current on the rest of them. It also has the added advantage of allowing the victims to decline any offers that aren’t reasonable made by an insurance company. Litigation funding is well worth checking out.

To learn more about lawsuit funding and litigation funding, visit http://www.litigationfundingcorp.com/.

Two die after hitting a renegade utility trailer

November 15, 2010

The strangest and most tragic things happen on the highways these days. This freak accident killed two.

The whole affair would never have happened, but someone was negligence while hitching up – not taking that extra minute or two to double check how safe their utility trailer was before hitting the road. The consequence of saving a few minutes was the death of two people.

This accident happened on I-85 in South Carolina when a utility trailer being towed by a truck came unhitched in the middle of the highway. The vehicle towing it kept on going. The trailer, bereft of forward motion, began to slow down, as traffic tried to avoid it.

Unfortunately, a 2000 Honda SUV slammed into the trailer in the middle lane of the highway, veered into the right lane and was struck by an 18-wheeler. Shirin and Sajid Pirani both died at the scene. Miraculously, their two children, ages 6 and 3, were still alive in the backseat of the totaled vehicle. They were taken to hospital for assessment and later released to relatives.

The police report indicates no one was able to identify the vehicle towing the trailer, as it fled the scene. It was fairly dark at the time of the crash and police want to talk to the trailer owner before making decisions about laying charges. Eyewitnesses are being asked to provide the police with anything they can remember.

It is a nasty case, and one that will take a fair length of time to settle when the culprit is finally found. It would not be much of a surprise if the Pirani family filed a wrongful death suit to recover compensation for the children’s futures. They will need to know their rights and what types of compensation they may request from the court. There is also a good chance they will need money to pay for the children’s medical expenses and the funeral and burial costs for their parents.

The sudden responsibility of two children may be financially difficult for the relatives of the Pirani family, and they may need help to deal with their bills. For this, they may find the perfect answer is in the form of litigation funding. Often referred to as pre-settlement funding, a lawsuit loan comes to the rescue when plaintiffs need it the most. It arrives within 24 to 48 hours, and the only thing the plaintiff needs to do is fill out an application online or by calling the litigation funding company directly.

“This is a no hassle, no upfront fee, no monthly payments to make” kind of arrangement and it will help financially strapped plaintiffs get back on their feet, deal with their expenses and allow them to wait for justice. Legal financing also means the victims don’t have to take any offers from the insurance company, because they have a lawsuit cash advance in the bank. It’s an almost perfect solution for some people, but may not be for others. However, it is well worth checking out. It may make a huge difference to your case.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

18-wheeler trucker misjudges ability to pass a school bus

November 10, 2010

When 18-wheelers make mistakes while on the road, the consequences can be deadly.

This was a particularly tragic case where an impatient trucker decided to pass a slower moving school bus. The driver misjudged oncoming traffic and slammed head-on into a Ford Edge, driven by David Beasley of Little Rock, Ark. The truck didn’t stop there. It continued on to careen into a Toyota Camry being driven by Rebecca Baltz, also of Little Rock. Baltz had a passenger in her car, Jonnie Oden.

When emergency services personnel arrived at the wreck, they pronounced Beasley dead at the scene. Baltz and Oden were taken to the nearest medical facility for treatment. The trucker, John Rader, from Texas, was not injured in this deadly collision.

No doubt the fault here lies with the trucker, who pulled out to pass while it was unsafe to do so. The result of that ill fated decision will likely haunt him for the rest of his life. It will certainly be remembered by the Beasley family and Rebecca Blatz and Jonnie Oden. It’s highly likely the Beasley family will file a wrongful death lawsuit, while the other victims may file personal injury lawsuits.

Any one of the victims in this unfortunate accident would be able to pick up the phone and place a call to a litigation funding company and find out if they are eligible for pre-settlement funding. If they don’t want to call, they can apply for a lawsuit loan on the company’s website. It doesn’t take long to fill out an application for a lawsuit cash advance. Once the applicants are approved, the fast cash funding arrives within 24 to 48 hours. That’s why they call it fast cash.

The process to apply for litigation funding is easy, because the company knows the plaintiffs/victims have already been through enough and they don’t need any more problems or hassles. All they need to do when they apply for legal financing is answer some questions about their case and the litigation funding company takes it from there.

Perhaps one of the best features of a lawsuit cash advance is the fact that once the plaintiff has the funds in their bank, they are able to pay every outstanding bill and stay current with monthly expenses. Lawsuit funding allows a plaintiff to get back on their feet financially after facing the horrific loss of a loved one. They will need money to cope with their expenses and to be able to move forward with their lives.

Litigation funding is quite notable for another reason as well. When a plaintiff has legal financing, they don’t have to take any low ball offers from an insurance company. They have the peace of mind in knowing that they are covered for any contingency, while their case is being handled by their lawyer. All they need to do is wait for justice, or a fair and equitable offer.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

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