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Litigation Funding Blog

Family Files Wrongful Death Lawsuit Against Trailer Manufacturer After Deadly Crash

September 16, 2015

A Houston family filed a wrongful death lawsuit against PJ Trailer Manufacturing Inc. stemming from an auto accident involving a tractor-trailer. On June 11, 2014. Kathryn M. Dodgen was driving to work when a 40-foot-long trailer was blocking all the lanes as Dodgen approached the intersection. Unable to brake in time, her car went straight underneath the trailer. Though she was only traveling about 35 mph, the trailer ripped through her windshield, tearing off the roof of her Hyundai Elantra. After suffering severe head trauma and undergoing two brain surgeries, Dodgen fell into a coma and died on October 20. She was 54.

The lawsuit accuses the manufacturer of releasing a defectively designed product onto the market, violating Texas’s products liability laws. The lawsuit claims if the trailer had underride guards and conspicuous side markings, Kathy would be alive today.

“The trailer industry has put its heads in the sand about these safety issues for decades,” said attorney Steve Fernelius, who is representing Kathryn’s family. Currently, only rear guards are a required regulation, not side guards. Without an underride rail, lower bumper or guard, the vehicle under rides the truck’s frame by traveling beneath the taller chassis of the larger vehicle.

The National Highway Traffic Safety Association (NHTSA) has been recommending side guards dating back to 1968; it did so most recently last year. In 2012, a study in the journal Traffic Injury Prevention estimated that, between 2006 and 2008, 530 people died each year in crashes after colliding with the side of a truck or trailer. It also found that in many cases, fatal injuries could have been mitigated if side guards had been in place. Absent regulation, there seems to be little incentive for manufacturers to improve safety by adding side underride guards and markings. But, Kathryn’s family hopes the lawsuit sends a message to the entire trucking industry that change is needed now.

If you or a family member was severely injured in a tractor-trailer underride accident, you should contact an attorney who can help you protect your legal rights. If you can’t locate an attorney, Litigation Funding Corporation would be happy to recommend one from our nationwide, attorney referral database.

What if you have mounting medical bills, mortgage payments, household bills, or even worse – funeral expenses? The financial strain can not only seriously impacts your life, but it can also impacts your case. Litigation funding is a non-recourse cash advance to help plaintiffs take care of their financial obligations while giving their attorney the time needed to seek appropriate justice. We will work directly with your attorney to gather necessary information to process your funding request as quickly as possible. Funding is based on the merits of the case, not on credit-worthiness or employment history verification. If approved, cash can often be available in as little as 24 hours, and repayment is made only after you successfully settler your case. If you don’t win, the cash advance does not have to be repaid. To determine if you qualify funding, complete an online application or call us toll-free at 1-866-548-3863.

Misread CT Scans Leads to Woman’s Death

September 15, 2015

In 2012, Maureen Rogers, 71, arrived by ambulance to a local hospital where she complained of stomach pain. She was initially diagnosed with gastritis, but the attending emergency room doctor also took the extra precaution of ordering a CT scan to check for heart abnormalities. The scan results allegedly showed no abnormality.

Rogers was discharged several hours later and was found dead in her home the next day. As a result of her sudden death, an inquest was held and it was discovered that the radiologist failed to diagnose an ultimately fatal heart condition, a dissected aorta. The inquest found there was no reason why the doctor made an incorrect diagnosis and stated in his report that there was no acute abnormality seen in the abdomen or chest. A dissected aorta is clearly seen on a CT scan.

In addition to the stress and grief this family suffered, they would have also been faced with large medical bills for the medical care provided, including paying for the ambulance trip to the hospital and funeral and burial expenses.

A solution for their financial difficulties could come in the form of litigation funding, otherwise known as pre-settlement funding or a lawsuit loan. Litigation funding is an emergency cash advance that allows plaintiffs in financial straits to get back on their feet while they are waiting for their case to be settled or to go to court.

In order to receive litigation funding, the plaintiff and their attorney must first submit the required case paperwork to a litigation funding company for approval. The case outlines all the facts and the suggested amount it may be settled for or what the plaintiff may be awarded in court. Once the application has been approved, the lawsuit loan arrives directly in the plaintiff’s bank account within 24 to 48 hours.

From there, the applicant may use the pre-settlement funding to spend on anything they want. However, most know that paying their immediate medical bills and staying current on all other financial obligations is the smart thing to do. It also makes good sense for them to hold funds for the duration of their wait for justice.

One of the highlights of having that money on hand is the fact that plaintiffs do not have to deal with insurance companies who want them to settle for far less than they could expect in court. Insurance companies are not in the business to settle high. They want to reduce, diminish or dismiss as many claims as possible.

With litigation funding in the bank, the plaintiff can ignore any insurance company overture to settle. Applying for a lawsuit loan is also a very user-friendly process, with service representatives to help every step of the way. They know that when a plaintiff applies for a lawsuit loan, they have been through the wringer and need help. Plaintiffs are treated with great respect and courtesy.

Misdiagnosis Allegedly Leads to Man’s Paraplegia

September 9, 2015

A misdiagnosed case of tuberculosis at the Orlando Regional Medical Center in Orange County leaves Vincent Chambers paralyzed from the waist down.

Vincent Chambers, 26, was working for the county utilities department in Orange County, Florida, when he began to experience back pain in 2012. He was given a battery of tests including a Tuberculosis (TB) test, spent 10 days in hospital and visited several medical practitioners and a rheumatologist in early January 2013.

The rheumatologist diagnosed Chambers with rheumatoid arthritis and administered a shot of HUMIRA, which is contraindicated for patients with tuberculosis.

It was not long after receiving the HUMIRA injection that Chambers began to lose feeling from the waist down and experience numbness. He went to the Orlando Regional Medical Center E.R. where he was diagnosed with complete paraplegia; the doctor who examined him stated an infectious disease was not a likely cause of his paralysis.

Chambers, who was using a wheelchair, was eventually sent to University of Florida Health – Shands Hospital. Doctors there indicated he had tuberculosis, not rheumatoid arthritis, and that in fact there was no evidence he ever had rheumatoid arthritis. He was started on the appropriate TB medication on January 28, 2013.

The plaintiff in this case chose to file a medical malpractice lawsuit against multiple named defendants, alleging breach of duty, failure to provide reasonable medical care, negligence and failure to provide appropriate treatment. The statement of claim for the lawsuit indicates Chambers has medical bills in excess of a half-million dollars and that he needs personal care for the rest of his life, for which his expenses would be in the millions.

Faced with such astronomical bills and the necessity of medical care for the remainder of his life, Chambers may have been interested in finding out about pre-settlement funding. A lawsuit loan would assist him in paying off his medical bills and also keep current with his regular financial obligations.

By contacting a litigation funding company, one would discover that pre-settlement funding takes the form of a fast cash loan that usually arrives in the approved plaintiff’s bank account in less than 48 hours. The applicant would not be subjected to a credit check, pay any money upfront or monthly and would not need to be employed. The applicant would need to be working with an attorney, who would be responsible for submitting the paperwork to get the lawsuit loan rolling.

Litigation funding is not for everyone, but there are many appealing aspects to it for some. Should the case be lost in court, the applicant may keep the lawsuit loan free and clear of any obligations whatsoever.

Litigation Funding May Be The Only Option To Keep A Family From Financial Ruin During a Pending Lawsuit

September 8, 2015

Government entities can be held liable for injuries and deaths that occur as a result of improperly maintained or designed roads, but proving that a dangerous roadway caused an auto accident is often a long legal process and difficult to prove. The issue in such cases is whether the government failed to fulfill its obligations of making sure a dangerous road is somewhat forgiving of driver error.

Two wrongful death lawsuits were recently filed against the South Carolina Department of Transportation (S.C. DOT) alleging the state agency is responsible for a fatal motorcycle accident on International Drive. The lawsuit claims that the driver lost control and crashed where the pavement transitions from asphalt to coquina because the S.C. DOT did not provide proper signage to warn motorists of the change in the road conditions. The suits seek unspecified compensation and come amid a battle with the Coastal Conservation League and S.C. Wildlife Federation over paving International Drive to Highway 90, citing environmental concerns.

Maybe this unfortunate incident will directly force changes in in that stretch of road despite any environmental concerns. In the meantime, the challenge facing the plaintiffs is that the lawsuits could take months, even years to be resolved. They will not receive any compensation until they either reach an out-of-court settlement or win the case in court. Even if they win the case in court, appeals can further drag out the recovery. If the plaintiffs need financial support, Litigation Funding Corporation is here to help.

Rather than struggling financially during an already difficult time, we can offer a non-recourse cash advance against the future proceeds of the lawsuits. This means that such advances only are repaid if the plaintiffs win their case or reach an out-of-court settlement. If the case is lost or dismissed, the plaintiffs keep the lawsuit case advance and owe us nothing. With this immediate funding source, known as litigation funding, the plaintiffs to take care of financial obligations while giving their attorney the time needed to seek appropriate justice.

To receive a lawsuit funding cash advance, a plaintiff begins by completing a one-page application which takes less than five minutes. Unlike a bank loan, there is no need for a credit check, employment verification or monthly payments. We can approve cases for immediate cash in as little as 24 hours, provided we receive the necessary case documentation to determine case strength and make a funding decision. The only payment our clients make is when their case successfully settles. If the case is lost, the repayment is waived. For a free, no obligation consultation call us toll-free at 1-877-377-7848.

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