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Litigation Funding Blog

Duty of care for bystander in tree cutting accident a question for Connecticut Supreme Court

March 23, 2015

A wrongful death lawsuit has taken a decade to wend its way through the legal system, ultimately ending up in the Connecticut Supreme Court.

On Feb 8, 2005, William McDermott stopped on the sidewalk to watching the progress of tree trimming performed by the Connecticut Department of Transportation. McDermott, 77, bypassed several orange traffic cones and stopped to talk to two crew members close to the tree. He was approximately 55 feet away and spent at least 15 minutes discussing work progress.

The large trunk was being cut down in sections when one rope guided 11-foot segment plummeted from about 25 feet, landed on another log and catapulted into the air hitting Mr. McDermott in the forehead. He fell backwards, striking his head on the sidewalk. Although he made it to the hospital alive, he passed away the day after the accident. McDermott’s widow filed the lawsuit, believing the state to be at fault.

Attorneys appearing for the state of Connecticut suggested that it was purely an accident, an unforeseen event. However, the plaintiff’s attorneys argued that state workers had a duty of care to make certain anyone was a safe distance from the worksite, and not just Mr. McDermott.

Middletown Superior Court initially ruled the accident was indeed foreseeable and thus the state was liable. This verdict resulted in a $1.3 million award to the widow. The state appealed the case, and the decision was overturned at Appellate Court level. The plaintiff’s attorney’s responded with an appeal to the Supreme Court. The Justices will probably be several months in deliberating the salient issues involved.

During the ten-year period that it took to get this case to court, the 65-year-old widow most likely had some financial struggles with related bills. One solution for an individual in this circumstance would be applying for litigation funding.

Litigation funding, or a lawsuit loan is emergency cash advanced to a qualified plaintiff to use while they are waiting for their case’s resolution. While most plaintiffs use the funds they receive to pay for medical, funeral and burial expenses, the pre-settlement funding may also be used to pay other important financial obligations, such as rent or a mortgage, as well as car or student loans.

The only thing a plaintiff needs to do before contacting a litigation funding company is to hire an attorney and make sure the lawyer has all the right documents to proceed with building a case. The lawsuit loan company needs to know case details prior to approving any funding. Any approved funding is sent directly to a plaintiff’s bank account within 48 hours or less.

Wrongful death lawsuit filed after worker impaled in cab of heavy loader

March 20, 2015

A pipeline worker’s widow filed a wrongful death lawsuit against her husband’s employer.

During Robert McDannell’s attempt to rotate an unsecured, 128-foot-long load with slings attached, a 7,000-pound pipe crashed through the window of his heavy loader,. McDannell, who worked for Precision Pipeline LLC of Louisiana, did not have a protective screen on his excavator cab. As a result, when the load shifted, it came back through the cab window, impaling McDannell.

The statement of claim filed by McDannell’s widow suggested that Precision Pipeline did not conduct a proper job hazard assessment, as the company did not take into consideration the pipe stability, the existing situation or the location of all involved equipment, nor did it assess the danger of swinging a suspended pipe load in front of McDannell’s cab. In not doing so, the suit alleges that the company caused the death of Mr. McDannell.

Just prior to the accident, McDannell and a co-worker had been told to move the pipe from one location to another. However, the task started uphill from two commercial excavators, and the goal was to get around the machinery to get the pipe downhill. The lawsuit alleges the company he worked for knew, or should have known, that there was a high probability the unstable load would come back into the cab when it shifted.

The McDannell family may be interested in knowing about a service referred to as litigation funding. Pre-settlement funding is an emergency lawsuit loan sent to qualified plaintiffs, working with an attorney. The funds help them get back to financially secure footing while they wait for their cases to be resolved.
The plaintiff simply needs to advise the litigation company of the case details, while the attorney needs to add his or her assessment of what damages may be recoverable. Once the application is approved, the lawsuit loan funds are sent directly to the plaintiff’s bank account, by the fastest method possible.

The process usually takes less than 48 hours, and once the litigation funding has arrived, the plaintiff may use it to pay any bills and save some to help with ensuing expenses until they know the outcome of their case. Should the case be lost in court, the plaintiff may keep the pre-settlement funding, with no strings attached.

Litigation Funding Keeps Plaintiffs “In the Game” Until Justice is Served

March 18, 2015

In recent years, more and more plaintiffs are discovering litigation funding – a means to level the playing field with insurance companies and fight for compensation deserved.

Just because you are seriously injured due to the negligence of someone else, doesn’t mean the bills stop coming in.In fact, victims usually face a host of additional expenses – car repairs/replacement and medical expenses. If injuries leave the victim unable to work, the financial picture may be devastating.

Insurance companies who you thought would be “on your side” when tragedy strikes will usually deny, delay, and defend claims in their own best interest. Knowing a financial desperate plaintiff will strongly consider any settlement, the insurance company will seize the opportunity to offer much less than case value. Stop! This is not in your best interest.

If you need fast cash to pay the bills and have no means to tap into an emergency fund such as a savings account or investments, consult a legal funding expert to determine if litigation funding is right for you. Litigation funding is a financial lifeline to keep your case strong and your bills paid until a final settlement is reached. It is a cash advance based on the details of your case, not your employment standing or credit rating. Best of all, repayment is only made once you win your case.

Our application process is free and takes less than five minutes. Once we receive your application, we will work with your attorney to obtain the documentation necessary for the review and approval process. There are no monthly payments putting you further in debt, and no repayment if you lose the case.

To learn how litigation funding can help get you the emergency cash you need, call one of our funding experts or complete our online contact form. We would be happy to review your case and see if we can help you avoid draining your financial resources to the point of accepting a low settlement.

Litigation Funding Supports Dangerous Roadway Lawsuits

March 17, 2015

Although the majority of automobile accidents are due to driver error or driver distraction, sometimes an auto accident is actually caused by poor road design, construction, maintenance, or failure by the government to make road changes to adapt to new conditions. Dangerous roadway lawsuit cases are difficult and expensive. Government agencies will often argue that the accident was the result of driver carelessness. An experienced auto accident attorney can analyze all the evidence to determine if a dangerous road condition was the cause and seek compensation for losses incurred, but the legal process can drag out the claim for years. When this happens, many plaintiffs will look to settle their case too soon, for too little due to financially constraints. This does not need to happen! When all means of financial support are exhausted, litigation funding can help.

With litigation funding, plaintiffs get fast cash to cover critical financial obligations. At the same time their attorney can focus on seeking appropriate justice. All that is needed to be eligible for funding is a case with merit and legal representation. There are no application fee, no monthly payment, and credit rating and employment are not factors. If approved, funds would arrive within 24 – 48 hours by check or wire. Additionally, litigation funding is provided on a non-recourse basis meaning that repayment is only made once the case successfully settles. Lose the case, repayment is waived.

If you have been injured or lost a loved one in an auto accident, Litigation Funding Corporation may be able to provide the financial support you and your family need while awaiting a settlement or other resolution in your case. Call or visit us online for a free case evaluation.

Litigation Funding Means Avoiding a Premature Settlement

March 5, 2015

An unexpected injury can be emotionally and physically devastating. When the injuries leave the victim unable to work, the innocent victim may face financial difficulties; foreclosure and bad credit may be imminent. While it is nearly impossible to plan for a tragic incident, there is a means to remain financially stable in the event it does happen.

• Are you unable to pay your bills?
• Are you unable to work?
• Are you at risk of home foreclosure or car repossession?
• Are you at risk of jeopardizing your good credit standing?
• Are you considering settling your case for pennies on the dollar because you need to pay the bills now?

If you answered “yes” to any of these questions, litigation funding may be right for you! Litigation funding is a non-recourse cash advance for personal injury plaintiffs. All that is necessary to qualify for lawsuit funding is attorney representation and a case with merit. Once you apply, Litigation Funding Corporation will evaluate your application by working you’re your attorney to obtain all necessary information about the case. Once the supporting documents is provided and reviewed, if approved, a contract. Funding can be available within 24 – 48 hours. Other benefits of litigation funding include:

• No upfront fees or hidden charges!
• No monthly payments!
• No credit checks!
• No employment verification!

With litigation funding, there is no reason to settle your case prematurely due to pressing financial burden. Litigation funding empowers you to pursue the case for the maximum compensation you deserve. If money is running out, but your case is far from settling, it might be time to consider litigation funding. For more information, call us toll free, at 1-866-548-3863 or for a free case evaluation, click here.

Auto Accident Victims Fight for Just Compensation with Litigation Funding

March 2, 2015

Auto accidents often bring emotional, physical, and financial hardship for seriously injured victims. While life is not easy after an auto accident, it is even harder to fight for a quick and fair settlement. When the lawsuit drags on, the financial impact for plaintiffs living paycheck to paycheck can be devastating. Insurance companies know this and will use deny, delay, and defend tactics to preserve its own profits, even when a claim is valid.

Plaintiffs often times feel they have no choice but to settle their case for less than it is worth. A better alternative is to apply for litigation funding, a cash advance against the future proceeds of the settlement.
Litigation funding assists families involved in contentious litigation by paying their immediate expenses – daily household expenses, medical bills, mortgage, and costs associated with injuries, while they wait for the compensation they rightfully deserve.

With litigation funding, there are no credit checks, no monthly payments, and you need not be employed. Funding is provided based on the case-value only and can be available in 24 – 48 hours. As a non-recourse cash advance, repayment is totally contingent on the outcome of the case. If the case is lost, repayment is waived in its entirety.

Don’t let the insurance company finagle their way out of a claim; never face the insurance company without legal help. An experienced auto accidents attorney can help you fight for justice while Litigation Funding Corporation can help you pay the bills and keep your credit in good standing. When struggling to make ends meet financially, don’t fall prey to an insurance company that entices you to accept a less-than-fair settlements. Simply complete the online funding application or call our office toll-free at 1-866-548-3863. We will review your application, talk to your attorney, and do everything possible to provide the litigation funding you need, when you need it most.

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