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Litigation Funding Blog

Wrongful Death Lawsuit Filed After Health Net Deems Chemotherapy Unnecessary for Cancer Patient

July 27, 2015

When an insurance company deemed chemotherapy unnecessary, a 75-year-old woman, a former civil engineer, died of colon cancer.

The wrongful death lawsuit filed in this case alleges negligent infliction of emotional distress and elder abuse by Health Net of California Inc. The company cut off insurance payments for Alicin Basley during her chemotherapy treatments for colon cancer. The lawsuit suggests that in terminating the payment, Basley died sooner than she otherwise would have had the treatments been continued.

The statement of claim indicates that Basely had stage 3 colon cancer and her tumor was surgically excised a month following her initial diagnosis. The cancer progressed to stage 4 and she started treatment in October 2013. Her health had improved significantly by spring.

In the summer of 2014, the California Department of Health Care Services transferred her insurance plan to a plan offered by Health Net. Health Net was allegedly aware that if Basley’s treatment were interrupted it would mean a serious risk to her health. Health Net terminated her coverage, suggesting treatments were not medically necessary and that her physician was not in their network.

Despite the family’s attempts to have Health Net reverse its decision, Basley did not receive proper care and died in a local hospice in October.

Basley’s family would face staggering medical bills for the care and treatment of their mother, as well as her funeral and burial expenses. One option open to them to take care of those bills quickly would be to apply for a lawsuit loan from a litigation funding company. Pre-settlement funding or litigation funding is an emergency lawsuit loan, fast cash, made available to qualified plaintiffs on approval of their application.

Qualifying plaintiffs find the process user-friendly and it accommodates their immediate need for financial support. A lawsuit loan also permits the victims and those that represent victims the time and space to heal and not have to deal with insurance companies that try to get them to settle for less than they may be awarded in court.

Boston Fraternity Sued for Wrongful Death of Inexperienced Freshman Drinker

July 23, 2015

Freshman engineering student at Boston University, Anthony Barksdale II, died in 2013 with a blood alcohol content (BAC) of .33 percent. He was a victim of a fraternity initiation.

Barksdale’s parents elected to file a wrongful death lawsuit against fraternity Sigma Alpha Mu and the chapter’s 2013 vice president, president and another chapter brother, after an autopsy indicated their son had died of alcohol poisoning. His BAC was four times over the legal limit.

According to court papers, chapter members handed the young man a 1.5-liter full bottle of vodka and forced him to drink it all. Apparently the fraternity chapter held the initiation party off campus because they knew there would be underage drinkers in attendance. The fraternity did not notify the university of the event.

Although 18-year-old Barksdale did not drink the whole bottle, he was severely intoxicated and collapsed at the party. Although fraternity brothers did realize Anthony was completely drunk, they took him outside and left him there, unattended. No one thought to seek medical assistance or call for emergency help.

Several hours later, Barksdale was brought back into the apartment building and deposited on the couch, but again, nothing was done to help him. It was not until he threw up that people realized he needed help and placed a call to 911. As emergency responders were on their way, another partygoer performed CPR and succeeded in temporarily reviving him. But he passed out once again and quit breathing. EMS arrived on the scene just after midnight but could not revive him. He died at the hospital.

The family hopes that their wrongful death lawsuit sends a strong, clear message that this kind of event should never happen again — to anyone.

In the meantime, the family had to deal with the pressing necessity of an expensive funeral and burial plus end of life medical assistance. They may find the right financial solution online by applying for a lawsuit loan from a litigation funding company.

Pre-settlement funding can be a lifesaver in situations like this one where the family is suddenly tasked with trying to find enough money to pay for unexpected bills. A lawsuit loan allows them to pay all of their expenses, including the usual and the extraordinary, while they take time to heal and consult with legal counsel for case preparation.

Asheville Bus Accident Victims Can Solve Their Financial Problems with a Lawsuit Cash Advance!

July 21, 2015

Many people involved in a bus accident lawsuit will face financial hardships due to a long and drawn out legal process, the inability to work and mounting bills such as medical or funeral expenses. Litigation Funding Corporation specializes in providing lawsuit cash advances to help plaintiffs during such difficult times.

The families of two students and a teacher’s aide killed in a December 2014 bus accident have filed wrongful death lawsuits against Knox County Schools, the drivers of both buses involved and the bus contractors. According to the investigation, the driver of Bus 44 made a sharp turn, crossed a concrete median and slammed into Bus 57, causing that bus to flip over. The deceased were all aboard Bus 57. It was later revealed that the driver of Bus 57 was texting at the time of the crash. Investigators also discovered that the driver had a fanny pack on the bus containing three prescription medications, including the painkillers morphine and oxycodone although drug test results showed he had no drugs in his system. He died June 1 of apparent “natural” causes. The lawsuits claim:

•The driver of Bus 44 was to blame in the crash because he was texting while operating the bus, was speeding and “failed to exercise due care in the operation of a motor vehicle.”
•The school system “knowingly and intentionally allowed the driver of Bus 44 to continue to transport students despite prior complaints of misconduct and distracted driving.
•The driver of Bus 57 was negligent because he was speeding and was not licensed by the state Department of Transportation to transport students on school buses.

At Litigation Funding Corporation, we understand such an unfortunate tragedy and the financial difficulty that these families may now being facing. Our dedicated staff is here to help. Litigation Funding Corporation offers litigation funding against pending claims.

A lawsuit cash advance not only helps pay the mortgage/rent, funeral expenses, utilities, groceries, and any other important bill or expense while waiting for a settlement to be reached, but it gives plaintiffs a strategic advantage by providing leverage against the insurance company to avoid accepting inadequate settlement offers. With no money down, no credit checks, and no employment verifications, we can approve a case for funding in as little as 24 hours of receiving all necessary case documents. Additionally, there are absolutely no payments made until the case settles. If approved for funding, but unsuccessful in winning a cash award, we completely waived repayment of the cash advance. That’s right – our clients pay nothing if their case is lost.

If you were injured or lost a loved one in a bus accident, it is important to contact an attorney who can help you determine the best course of legal action. If your situation results in a lawsuit, Litigation Funding Corporation may be able to ease your financial burden during your pending claim. Our bus accident litigation funding service is designed to provide rapid financial assistance when you need it most. In order to start the process, please complete our online application and an experienced funding agent will contact you shortly. If you prefer, call our toll-free number at 1-866-548-3863.

Elderly Women Left With Broken Leg After Being Thrown out of Wheelchair

July 3, 2015

An elderly woman broke her leg after she was thrown out of her wheelchair when the van she was riding in suddenly stopped. Her caregiver did not call for medical assistance.

The retired teacher was 95-years-old on the day she went for a ride with a caregiver. They were driving in a handicap-equipped minivan that came to a sudden stop. The woman, who suffered from dementia, was thrown out of her chair, breaking her fragile legs and several ribs and sustaining multiple contusions and internal injuries. Those injuries led to her death several months later.

The death certificate indicated that “blunt force injuries” contributed significantly to her death. In the portion of the certificate that is designated to describe how the injuries occurred was written: “Fell out of wheelchair/caretaker did not strap her in properly.”

According to the statement of claim in the lawsuit filed against her, the caregiver had secured the woman’s chair inside the van in the proper manner, but did not buckle the woman’s seat belt; the passenger was unable to buckle it up herself. During the ensuing ride, the caregiver, for an unknown reason, slammed on the brakes, catapulting the passenger into the dashboard while her wheelchair remained fixed in its restraints.

Eyewitness accounts appended to court documents report that the driver pulled into a parking lot to ask a truck driver to help her lift her charge back into her wheelchair. Two good Samaritans did assist in putting the woman back into her chair, while the driver allegedly texted on her cellphone.

With two broken legs and several broken ribs, the elderly woman was in ferocious, unrelenting pain. The caregiver was indicted on a charge of injury to an elderly individual. The second lawsuit filed, a civil wrongful death lawsuit, is set to proceed once the criminal charges have been handled.

One of the most troubling things about the case is that the caregiver did not call for medical aid, did not call 911, did not call an ambulance, did not report the incident to the police and did not tell the woman’s family about the fall.

The deceased woman’s family may wish to look into applying for pre-settlement funding from a litigation funding company. A lawsuit loan is emergency funding sent to a qualified plaintiff that allows them to pay for their usual expenses and the added burden of enormous medical expenses. In some instances, plaintiffs are also struggling to pay funeral and burial expenses.

Many plaintiffs find litigation funding appealing because it does not have to be paid back if they lose their case in court. They are also not required to pay any funds upfront or during the wait for the trial, do not need to have a job when they apply and are not required to go through a credit check.

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Family of Sergio Navas Files Wrongful Death Lawsuit for $10-million Against LAPD

July 1, 2015

An unarmed man was shot and killed by a Los Angeles Police Department Officer. Sergio Navas’ family filed a wrongful death lawsuit.

Sergio Navas, 36-years-old, died on March 5, 2015. The incident began when two LAPD officers spotted a gold 2003 Mercury Sable bearing paper license plates. The car had been reported stolen an it appeared to be driven erratically. The police started to follow the car, and at that moment, the individual driving it increased speed and fled. The officers pursued, and a six-minute chase ended when their cruiser and the suspect’s vehicle collided.

The police officer in the cruiser’s passenger seat opened fire. The driver of the car with the paper plates exited his vehicle and ran toward an alley entrance situated a few feet from the scene of the crash. A foot chase ensued with no further shots fired. Navas was apprehended, brought down and cuffed on the sidewalk, where he died. First responders pronounced Navas dead at the scene. It was the second fatal shooting by the LAPD in four days.

The claim filed against the City of Los Angeles and Officer Brian Van Gordon seeks punitive damages, survival and general damages, loss of financial support and funeral and burial expenses.

The statement of claim for his family’s lawsuit alleges that Navas in no way presented as a threat to the police officer at the time of the shooting — that Officer Van Gordon was not at risk for his life or serious bodily injury.

Further allegations involve a claim of failure to call for medical assistance, battery, negligence and false arrest and imprisonment.

The Navas family may wish to look into applying for litigation funding to help pay the expenses that resulted from this sudden death. A lawsuit loan assists struggling plaintiffs to pay their usual financial obligations— such as mortgage, rent, car or student loans — as well as those incurred for the loss of a family member.

Also referred to as pre-settlement funding, the lawsuit loan, placed directly in the plaintiff’s bank account, may be used for anything. But most approved applicants take care of their immediate bills, such a funeral and burial expenses. Cases like the wrongful death suit filed by Navas’ Family may take a long time to get to court and are sometimes even settled on the steps of the courthouse. In the meantime, pre-settlement funding, would give the family the financial assistance to help them manage day-to-day while waiting for a resolution to their case.

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