Litigation Funding Blog
February 24, 2010
This case revolves around two semis; one a box truck and an 18-wheeler that collided in Bakersfield, California. It was just something that should never had happened, and likely wouldn’t have in most cases, but for the fact that the semi got stuck going around a corner. That stroke of bad luck put the box truck bearing down on him in a tough position.
The box truck has no place else to go and could not stop in time. It slammed into the semi. Unfortunately, the driver of the box truck died at the scene of the accident. It was foggy at the time and police think that may have been a contributing factor in the accident, as well as excessive speed. The semi truck driver was largely unhurt, but did sustain cuts, bruising and abrasions. The results of other medical tests won’t be known until later, as it is possible the given the force of the impact, he may have sustained whiplash, fractured or cracked ribs, dislocated shoulder or other spinal injuries.
Whatever the outcome of the medical evaluation of the 18-wheeler driver, the likelihood is that he will be able to file a personal injury lawsuit. On the other hand, if the big rig driver had no business being where he was and trying to negotiate a turn that was not built for semis in the first place, the question of liability may be split or apportioned.
Whoever is able to file a personal injury lawsuit will want to know they have a way to pay their ongoing medical bills, their mortgage, tuition, car payments and the other daily expenditures of life. This could be accomplished by applying for a lawsuit cash advance. In most instances, lawsuit funding is available with 48 hours and does not need to be paid back if the lawsuit is lost. Check out litigation funding online, and make sure to choose a reputable provider with years of experience in this area.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
February 10, 2010
In what may be a case of “touched by an angel,” two people were injured when they were struck by a semi. Apparently the driver of the car that was hit lost control of a Pontiac G6, which wound up in front of a semi ( a Towne Air Freight tractor-trailer) bearing down on the car. With no time to stop, the big rig crushed the smaller car and in the process, drove over the front and back of the vehicle as it spun underneath the 18-wheeler. Despite all this happening, there were no fatalities.
The car’s occupants were taken to hospital after they were pulled out of the wreck. The driver sustained several leg injuries and the passenger a few cuts and abrasions. The trucker wasn’t hurt. The questions here for the police are what was the driver of the car doing just prior to losing control of the vehicle? Was alcohol involved? Did the driver experience a seizure? Was the driver distracted by something on the other side of the street and took their eyes off the road?
With regard to the semi; was it speeding? Was it on the wrong side of the road? Was the driver using a laptop at the time and could have avoided the accident? These are all things that will have to be answered in order to determine who is at fault in this accident. While it may look like the car driver was at fault, there are other factors that may come into play in determining who was negligent in this case.
As luck obviously had it for the car’s occupants, there were no deaths as a result of this horrific accident, and thus they will not become statistics in the nation’s death count. However, there may be a determination of split liability depending on what the results of the accident investigation show. In any event, the passenger in the car will likely be able to file a personal injury lawsuit for pain and suffering and medical expenses. Just because the passenger presented with bumps and bruises does not mean that they won’t develop whiplash or traumatic brain injury later. Only time will tell.
No matter what the resolution to this miracle of an accident, anyone who does choose to sue the driver of the car should consider checking out the possibilities of lawsuit funding. A lawsuit cash advance would allow the plaintiff the chance to pay their bills and wait for a just settlement later.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
February 8, 2010
This is a catastrophic accident that no one will ever forget, not when it involves the death of a 2 ½ year old toddler. The mother, 35-year Courtney Ayer was out with her jogging stroller and her son Dylan when the stroller was hit by a semi. The weather was good, it was early in the morning and the roads were apparently in good condition as well.
It appeared that when the semi went to turn a corner, it hit the stroller. Eyewitness reports differ on whether the stroller rolled out into the street or was hit while the trucker was executing a turn. Unfortunately, the stroller rolled right under the truck and was completely smashed. The mother was taken to hospital for treatment of her serious injuries.
If the trucker is determined to be at fault (negligent) in this case, the mother will be able to file a personal injury lawsuit (wrongful death) and attempt to recover damages for the catastrophic loss of her child. As yet, there are many questions to be answered in this case, such as what was the driver doing when he was going into the turn. Was he not paying attention to pedestrians? Did he not see anyone in his side mirrors? Was he going too fast, under the influence of alcohol, over tired or just plain careless?
If the stroller rolled out into the street, there is a slightly differ scenario that could be played out that would involve proportioning liability in the final damage award. This won’t be determined until the investigation is completed. However, if the mother was searching for something in her backpack for the baby and let go of the stroller, or was distracted because she was talking to a friend on a cell phone, this would involve an element of negligence on her part.
Litigation funding in cases like this helps a person facing a long court case to obtain justice deal with their day to day finances and all the extra things that crop up as a result of such a deadly accident. There will be enormous hospital bills, the cost of the funeral, rehabilitation for the mother, medications and other things like the mortgage, car payments and food. Life is able to go on with the assistance of lawsuit funding.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
February 2, 2010
This case is a bit of a mystery, which has not yet been solved. The 21-year old driver of a small Kia was traveling westbound on a lane parallel to a school bus full of noisy kids. The bus got to the intersection and made a left turn, promptly colliding with the Kia in the midst of the intersection. Inside that small car with its mother was an infant child.
The impact was forceful enough to drive the entire front of the Kia underneath the bus. The police report showed that the Kia seemingly had the green light at the time of the accident, but they’re at a loss as to how the mother could have missed something the size of a school bus. What was the Kia driver doing at the time of the accident? There is a good chance she may have been fussing with her infant and wasn’t paying attention to the intersection or other traffic. She may have also been on a cell phone or distracted because she was late for an appointment.
No one really knows much more until the post accident interviews have been concluded; something that will need to be done in the hospital, as it took firefighters 30 minutes to extract the driver from the wreck using the Jaws of Life. Her injuries, and the infant’s, were listed as potentially critical, but not life threatening.
On the other side of this story are questions about what the bus driver may have been doing at the time of the crash. Did he make an illegal left turn against a red light? Was he trying to control kids and not paying attention to the road? Or was he thinking the Kia has a red light and was going to stop? The answers to these questions, and others posed by accident investigators will determine the facts filed for a personal injury lawsuit on the part of either the bus driver or the Kia driver. The issue of course is who is at fault here.
No matter what is resolved in terms of who was negligent and caused this crash, the person who was not at fault will likely have a good personal injury case. Since the devil is in the details, cases like this will be handled carefully and thoughtfully by the courts, which means it will take some time to get the matter settled.
The party not deemed at fault here may best be served by researching lawsuit funding for an answer to their financial difficulties. Life goes on after an accident and there will be medical bills, expenses for whatever medications are handed out, perhaps counseling, and the every day bills that everyone has to handle.
If that person can’t work any longer, the loss of income is devastating. Litigation funding is generally made available within 48 hours or less and it only takes one phone call to arrange it. A lawsuit cash advance would be the perfect answer to dealing with the pile of bills left in the wake of the accident.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
January 26, 2010
This case is a bit of a mystery, which has not yet been solved. The 21-year old driver of a small Kia was traveling westbound on a lane parallel to a school bus full of noisy kids. The bus got to the intersection and made a left turn, promptly colliding with the Kia in the midst of the intersection. Inside that small car with its mother was an infant child.
The impact was forceful enough to drive the entire front of the Kia underneath the bus. The police report showed that the Kia seemingly had the green light at the time of the accident, but they’re at a loss as to how the mother could have missed something the size of a school bus. What was the Kia driver doing at the time of the accident? There is a good chance she may have been fussing with her infant and wasn’t paying attention to the intersection or other traffic. She may have also been on a cell phone or distracted because she was late for an appointment.
No one really knows much more until the post accident interviews have been concluded; something that will need to be done in the hospital, as it took firefighters 30 minutes to extract the driver from the wreck using the Jaws of Life. Her injuries, and the infant’s, were listed as potentially critical, but not life threatening.
On the other side of this story are questions about what the bus driver may have been doing at the time of the crash. Did he make an illegal left turn against a red light? Was he trying to control kids and not paying attention to the road? Or was he thinking the Kia has a red light and was going to stop? The answers to these questions, and others posed by accident investigators will determine the facts filed for a personal injury lawsuit on the part of either the bus driver or the Kia driver. The issue of course is who is at fault here.
No matter what is resolved in terms of who was negligent and caused this crash, the person who was not at fault will likely have a good personal injury case. Since the devil is in the details, cases like this will be handled carefully and thoughtfully by the courts, which means it will take some time to get the matter settled.
The party not deemed at fault here may best be served by researching lawsuit funding for an answer to their financial difficulties. Life goes on after an accident and there will be medical bills, expenses for whatever medications are handed out, perhaps counseling, and the every day bills that everyone has to handle.
If that person can’t work any longer, the loss of income is devastating. Litigation funding is generally made available within 48 hours or less and it only takes one phone call to arrange it. A lawsuit cash advance would be the perfect answer to dealing with the pile of bills left in the wake of the accident.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
January 17, 2010
In this case, three people, were killed after a big rig slammed into them on the highway near Salt Lake City. The three people were all from one family and the dead included a 9 month old baby. Apparently, according to eyewitness reports, the family in the car was in the southbound lane and suddenly veered over the centerline into the northbound lane.
Realizing he was in the wrong lane, the driver Jacob Herrera, over corrected the trajectory of the car and promptly veered into the path of an oncoming semi. Unable to stop on time, the rig slammed into the car, T-boning it from the driver’s side and ramming it back down the road until the truck was able to stop.
Emergency response crews at the scene recovered the bodies of Herrera, 21, Kristi Westfall, 30 and 9 month old Damian Herrara. Paramedics indicated it was likely all three were killed instantly as a result of the horrendous impact at highway speeds. The highway was shut down to allow crews to clear up the area and start an investigation into the fatal accident.
This is a tough case when all the members of one family have been killed at the same time. The grief would be almost unbearable for the parents and grandparents of the deceased. They would not know what caused the accident and why the car had swerved into the path of an oncoming semi. Was the driver under the influence of something? Was he not paying attention to road conditions? Was he trying to do more than just drive the car, like read a map? Was the couple having a fight at the time?
There are so many unanswered questions that will need to await the results of a final investigation into this horrendous accident. One thing is for sure, when the family decides to file a wrongful death suit against the estate of Jacob Herrara, it will be a difficult day and likely a case that will take some time to be resolved.
When situations like this face a family who is suddenly burdened with a variety of expenses they need to deal with, it might be a strategic move to check into litigation funding. Wrongful death suits are quite complex and many do take years to conclude. In this case, where the parents and grandparents lost their whole family, perhaps due to negligence on the part of the car driver, there will be questions dealing with loss of a contributing family member, loss of companionship and other issues. The sudden and drastic change in finances for those left behind is usually resolved thanks to a successful wrongful death suit settlement, but that takes a long time.
A lawsuit cash advance would help the family deal with their immediate and ongoing bills; allowing them to wait for a just and fair settlement that comes later, rather than settling early and having to take less money.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
January 10, 2010
Head on collisions with a semi generally don’t come out in anyone’s favor. At least in this case, while there were serious injuries, there were no fatalities. In this instance a semi and Ford pickup tangled in Idaho.
The Ford pickup was seen to virtually slide through the median on the Interstate; crossing over into the oncoming traffic’s lane. This is when the semi-truck traveling in the opposite direction slammed into the truck. From the accident reports it appears the Ford pickup driver lost control of his truck, smacked into the median, flipped over it due to the force of hitting it, and landed in the left lane on the eastbound side of the highway. The tractor trailer smashed into the truck; pushing it accordion style back into the median.
Responding EMS crews took both of the Ford’s passengers to the hospital. The driver was in serious condition, the passenger fared well enough to be treated and released with minor injuries. The semi driver came out of the incident unscathed. The road was shut down for several hours to clean up the pieces of truck scattered across the highway and for the police to start an accident investigation.
According to the accident report filed by the State police, speed and slick driving conditions were definitely factors in this accident. What other factors were there? Only time will tell, but some of the other issues that could still come to light here are the driver of the Ford using a cell phone, texting, not paying attention to the road conditions and driving under the influence of drugs and/or alcohol.
The Ford pickup passenger and the semi driver, in what may be a bit of a twist in an accident involving a big rig (the rig driver not being at fault), may have good personal injury cases to discuss with their attorneys. Both the trucker and the passenger may be looking at fairly lengthy cases when they file and face months or years of waiting for a settlement.
If they have any idea of what the settlements could possibly be, all things being considered, they may want to do some research into lawsuit funding. A lawsuit cash advance has many benefits for the people waiting for their trial decision. For instance, litigation funding will offer them money immediately to be able to deal with their important bills, pay for medical expenses and medications, lost wages and household expenses.
January 4, 2010
It seems that even other makes and models of cars may have sticky pedal problems, not unlike Toyota’s Prius. This personal injury accident case from Georgia recounts the story of 27 people being injured after being ploughed down by a Volvo.
It was an ordinary day at the car auction, or at least that was the way it started out. The auction mart was filled with people milling about and looking at various vehicles. A Volvo 960 was being taken inside to be auctioned off when all of a sudden it started to rapidly accelerate and hit 27 people. The police that responded to the call felt the accident was just that, an accident and that the driver had not intentionally set out to harm anyone.
On the surface this accident could have a variety of reasons for happening, from mechanical failure to driver error, which brings up a whole host of possibilities for those injured to file a personal injury lawsuit to recoup their medical expenses among other things. Some of the people hit by the car as it rampaged through the auction mart were air lifted to the nearest medical facility, some were treated by paramedics and one was listed in critical condition. Further investigation into this incident is expected to find out why the car suddenly seemed to go out of control.
Those harmed would certainly have the option of filing personal injury lawsuits. However, these cases are likely to be long and drawn out with litigation centering on several issues such as crashworthiness, driver negligence and a defective gas pedal (product liability). In the meantime, those injured will have to find a way to pay their medical bills, pay for any possible rehabilitative therapy and still try and handle paying their daily bills. This will be difficult if they are not able to work for a period of time.
They may wish to consider litigation funding that would arrive just about immediately and allow them to deal with their financial obligations right away. It’s the waiting for a just settlement that makes lawsuits so scary. This is why a lawsuit cash advance is a smart alternative to trying to tough things out. In addition, a lawsuit loan will let people wait for a just settlement, meaning they don’t have to settle early and perhaps get less than they would from the court.
Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
December 21, 2009
Two years have passed since the highly unusual death of 28-year old Jennifer Strange from drinking too much water.
It was a case that rocked the legal landscape and rightfully so, as it involved a very unusual manner of wrongful death; death by consuming too much water, or water intoxication. “This isn’t something that happens too often, and this wrongful death left three young children without a mother, and a grieving husband behind,” said Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.
It started out innocently enough when Jennifer entered a local radio station contest to win a Wii. The whole idea behind the contest was that those entered were to drink as much water as possible without urinating. If they won, they’d win a Nintendo Wii gaming console. What a perfect prize for Jennifer’s three kids.
The contest went as expected, with everyone drinking copious quantities of water. “Jennifer downed just about two gallons in just over three hours. She did so in good spirits, but did complain to the disc jockey’s that she was in pain,” Monroe added. She didn’t win the Nintendo Wii; she took second place and won a pair of concert tickets.
During the show there were a number of phone calls from listeners, issuing warnings that drinking too much water was dangerous and could cause death. Evidently at some point, one of the disc jockeys expressed awareness of the proposed danger, but contestants had signed a waiver, relieving the station of responsibility. After the contest was over, Jennifer left, called in sick to work, went home and died in her bathroom.
“When the case finally came to trial, two years later, plaintiff won a verdict in the amount of $16.5 million for Jennifer’s wrongful death,” explained Monroe. The husband expressed hope that the verdict will send a message to other corporations and to the public that this type of “accident” was preventable; the radio station had ample information about the possibility of water intoxication death, months prior to the contest, and proceeded anyway.
The defense suggested Jennifer should bear responsibility for knowing that drinking water, excessively, could be deadly. However, the plaintiff’s attorney pointed out she acted as any normal person would in the same situation. The jury found the phone calls to the station the most damning evidence against the station in reaching their decision to award damages to the plaintiff.
“Over the last two years, the victim’s husband has been taking life one day at a time, one step at a time. Trying to live without his wife and the mother of his three small children has been difficult to say the least. The family financial responsibilities had to be met; expenses for three small children are never ending,” added Monroe.
In other words, life goes on. The family had to struggle with funeral expenses while coping with the loss of a loving companion and parent. “It was a difficult time for them; lawsuit funding might have eased their financial burden during difficult financial and emotional times, while waiting for justice through settlement or jury verdict,” commented Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.
People in situations similar to that faced by the Stranges may be eligible for cash advances against their personal injury or wrongful death cases. Litigation funding alleviates the pressure to settle early and cheaply; it gives the attorney precious time to pursue the case and ensure the fairest possible outcome for the plaintiff,” stated Monroe.
To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
December 15, 2009
It was a difficult case that involved years of appeals, but the case was eventually affirmed.
In 2001, registered nurse, Yuko Yamamoto, was hit by a taxi cab and knocked to the ground. She sustained serious injuries to her neck. Oddly enough, when she filed her lawsuit attempting to recover damages for pain and suffering, a judge said no trial was needed to deal with liability issues because it was obvious the cab driver caused the accident and was therefore at fault.
Since the question of liability was not at issue, the only issue that went to a jury was what amount of damages should she be awarded? “In this instance, as in a great many cases where neck injuries are involved, the jury is not able to “see” the damages and this may often mean a lower settlement because it doesn’t “look” all that bad, indicated Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.
Even with medical records that tracked her injuries and the significant pain that accompanies those injuries, a ride to the hospital in an ambulance, negative x-rays and her release home within a few hours, the jury struggled with an award. “There was proof of follow-up medical care, missed work, extensive chiropractic treatments, the results of a nerve conduction study, and an MRI that showed herniations and bulges at C3 through 7. There was pain and weakness, a 50% loss of extension and no surgery slated by the time of the trial,” outlined Monroe. However, none of this was observable at trial.
Unfortunately, many cases such as this get bounced out of the court room as judges feel the injuries detailed in the plaintiff’s lawsuit don’t meet what is referred to as the serious injury threshold required in car accidents in the state of New York, where this case was filed. Fortunately, even though the defendant asked to have the case dismissed, the judge on appeal held there was indeed enough evidence for a jury to come to the conclusion that the nurse’s injuries did meet the statutory standard.
“At this trial, the jury awarded $175,000 despite a request for $500,000 and despite the jury finding she had a significant limitation of her cervical spine and permanent limitation to the cervical spine. No money was awarded for future pain and suffering,” Monroe explained. On appeal the plaintiff offered evidence that she would need continuing chiropractic care and testing for an unspecified period of time at the cost of roughly $6,000 a year. The Appeals court affirmed the lower court’s decision; the original verdict stood, providing nothing for future pain and suffering.
While this may seem like an unusual conclusion – awarding damages for future medical expenses but nothing for pain and suffering – the appellate judge said the jury could have come to the conclusion that offering money for regular chiropractic adjustments would alleviate the nurse’s future pain. Interesting statement, but one that does not make much sense. Future suffering and pain should, absolutely, have been included in the award.
While all of the back and forth, legal wrangling was going on, Ms. Yamamoto had to pay her usual bills, not to mention the out-of-pocket expenses of ongoing chiropractic treatment. Even though she was able to carry on with some of her duties, do some housework and play with her child, her range of motion was significantly limited. “One thing she could have considered was accessing litigation funding. And certainly that option may still be open to her should she consider appealing once again,” Monroe added.
“Contacting a lawsuit financial company with a good reputation and qualifying for funding would make her wait a lot easier. Lawsuit funding removes the pressure to settle early and inexpensively and allows the attorney the time he/she needs to get the litigant the fairest possible result,” said Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.
To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.
