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Litigation Funding Blog

Two Semis Tangle, One Dies

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.

His Brave Spirit Passed on at the Age of 14

February 14, 2010

Sadly, Martin Harnett of Chicago, Illinois, passed away from complications stemming from medical malpractice at birth.  He was 14-years-old.

Martin was a really brave youngster who fought everyday to be normal, something that was very difficult to do given the severe brain damage he sustained at birth. Martin has cerebral palsy and had 24/7/365 care because that was what was needed to let him have some kind of a normal life.

“Martin’s birth should have been without problems, but unfortunately that was not the case. When his mom got to the hospital, she was already in labor, but things weren’t going as they should. Her physician broke her water and found that it was abnormal. At this point, a C-section was called for, but the doctor gave her a drug inducing contractions,” said Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.

Six hours passed and she was still in labor and the baby was in severe respiratory distress. Finally, the doctor opted to perform a C-section, but, for some reason, he waited another hour before operating. “The baby did not get any oxygen or any other help at that time to assist him to breathe. Once he was born, he spent 3 weeks in intensive care,” Monroe recounted.

Later, Martin’s mom discovered that he had severe brain damage; cerebral palsy was caused by the delayed delivery and the physician’s failure to respond to the baby’s oxygen starvation. To compound matters, that same doctor said that the mother had DNA abnormalities and advised her to not get pregnant again. She has since given birth to three healthy sons.

“The mother sued the doctor for medical malpractice; she received a settlement that helped buy a wheelchair accessible van and allowed her to completely renovate her home so Martin could wheel his chair in the house. At the time of Martin’s lawsuit, tort reform did not apply; Martin’s award was not subject to a damages cap. Had the award been capped, the items and changes that the award purchased to permit Martin to live as normal a life as possible would have been impossible,” added Monroe.

This case would have likely been eligible for litigation funding as to Martin’s mom’s share of the proceeds.

Had she chosen to accept litigation funding before the final resolution of her case, she could have immediately provided him with the wheelchair accessible van and the redo of her home instead of having to wait for her settlement. And, had the lawsuit failed, she would have kept the lawsuit funding company’s money with no obligation to repay. A lawsuit cash advance is ideal in cases of immediate and serious need, like this one; while Martin and his mother awaited final justice; immediate financial assistance permitted him to live the best life he could, under very difficult circumstances.

To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Four Years to Settle a Slip, Trip and Fall that Caused Life Altering Injuries

February 12, 2010

Falling while on an ocean cruise was not what the fitness instructor had in mind. His personal injury lawsuit landed him $9.5 million.

It was 2006 and the day started out as a fairly normal one on a regular ocean cruise, just like the ones 42-year-old Danny Simpson took all the time as an employee of Miami-based Steiner Transocean. Simpson was the fitness instructor for the company; he enjoyed his work and meeting the people onboard. One day while in the spa facility, Simpson slipped on a wet patch on the floor and fell. It was a hard fall and did more damage than he originally thought.

“The patch of floor where Simpson slipped was wet because it had just been cleaned by a ship’s staff member due to a passenger who had vomited on the floor. Simpson landed on his back and as a result of the severe injuries he sustained, he became incontinent and impotent,” explained Daren Monroe, Litigation Funding Corporation, Southfield, Michigan.

He filed a personal injury lawsuit that, in part, pointed the finger of blame at the worker for not adequately drying the floor when the vomit was cleaned up and for not posting a clear warning that the floor was wet and, therefore, posed a risk.

“The damage award of $9.5 million covered past and present pain and suffering, medical expenses and economic losses,” added Monroe. Simpson’s employer wants to appeal to have the award reduced and insists the accident was not their fault, as they did not employ the responsible cleaner.

Despite what may happen in the future, this is a case where Simpson may have benefited from lawsuit funding. “Litigation funding would have allowed him to deal with his enormous bills while waiting for a verdict or settlement. Lawsuit financing may have helped him meet his financial obligations without having to settle too early for a lesser amount of money,” commented Monroe.

To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Two Vehicle Crash with Semi Resulted in Serious Injuries but no Fatalities

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.

The Stroller was hit by a Semi

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.

The Car was Under the Bus

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.

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