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Litigation Funding Blog

Rear-Ended by 18-Wheeler, Two Women and Baby Die in Texas

December 27, 2015

It is common to see big rigs on Texas highways. It is also common to witness a number of collisions involving commercial trucks and passenger vehicles.

Telesfora Fuentes, Yesenia Resendiz and her 11-month-old baby died in a crash on I-35 when their vehicle was rear-ended by an 18-wheeler. Surviving family members filed a wrongful death lawsuit against the driver of the rig and the trucking company seeking more than $1 million in compensation.

The statement of claim for the lawsuit alleges the trucker, Debra Thompson, slammed into the rear of the Cruz vehicle, causing it to spin out of control. Cruz’s vehicle had apparently sustained a blown out tire and it was unstable on the road. Any vehicle behind the Cruz’s should have seen there was a problem and taken evasive action.

Allegedly, the truck driver, who was working at the time of the accident, was negligent in failing to take evasive action on witnessing the Cruz vehicle on the highway and in not taking the proper actions to avoid an accident, and she failed to operate her big rig in a prudent and reasonable manner. The lawsuit also names her employer, Werner Enterprises, for failing to properly train its truck drivers.

The crash survivors will face enormous costs for three burials and a funeral. Their loss is enormous in more ways than one, and the family left behind will have to struggle to pay their usual expenses as well. One solution that may work well for them is to apply for litigation funding, also referred to as pre-settlement funding — money sent to an approved plaintiff that allows them to take care of all their extraordinary expenses and their monthly financial obligations while waiting for trial.

While a lawsuit loan is not for everyone, many plaintiffs find it appealing because they are not asked to pay anything up front or during his or her wait for a trial or a settlement to be hammered out. Applicants are not required to go through a credit check, do not need to be working when they apply, and should the lawsuit be lost in court, the plaintiff gets to keep the lawsuit loan, no strings attached.

Litigation funding is a fast cash option for personal injury victims who have been hard hit financially as the result of an accident or death.

Everyone Has a Right to Medical Treatment, In or Out of Jail

December 11, 2015

Terry Borum died in custody due to alcoholic withdrawal symptoms. Guards did not provide medical aid.

This wrongful death lawsuit was launched against Swisher County in Amarillo, Texas and ultimately resulted in a $1.5 million verdict after a four day trial.

Terry Borum, who was mentally disabled, found himself in jail, where he began to go into alcohol withdrawal. He was experiencing auditory hallucinations, crying for help and suffered a series of convulsions. Jail staff responded by giving him sips of orange juice and honey. No other medical treatment was offered. The cause of Borum’s death was head trauma, sustained after he fell and injured his head.

The wrongful death lawsuit alleged the county failed to provide proper and adequate medical care; discriminated against him for his mental disorder; had a policy, custom and practice of not adequately staffing the jail; violated the decedent’s 14th Amendment and discriminated against him under the Americans with Disabilities Act.

The defendants in this case stated they did not feel they were indifferent to Borum’s right, did not violate his constitutional rights and did not have a practice, custom or policy of understaffing the jail. They alleged Borum’s case was an isolated incident.

The Sheriff at the time of Borum’s death said during the trial that he would not have done anything different than providing the prisoner with honey and orange juice.

Winning this lawsuit does not bring Terry Borum back, but it does help his family carry on with their lives in his absence. Wrongful death lawsuits are not about revenge. They are about sending the defendants and others a strong message that such negligent actions will not be tolerated.

Borum’s family might have found it helpful to apply for a lawsuit loan from a litigation funding company. When applying for pre-settlement funding, the plaintiff only needs to provide the details of their case and the name of the attorney they have hired to represent them.

Once the case has been assessed and approved by the litigation funding company, the emergency funds are sent within 48 hours directly to the plaintiff’s bank account. Most plaintiffs deal with urgent bills first and retain funds to allow them to pay their other important bills, such as the mortgage, rent, car payments or student loans.

Plaintiffs particularly like the fact that once they have the lawsuit loan in the bank, they do not need to deal with rapacious insurance companies who want them to settle fast and for less money than they may be entitled to from the court.

Pros To Litigation Funding

December 8, 2015

Litigation funding is a way for plaintiffs to get access to cash needed before receiving a settlement. Because a wealthy defense litigant – big business and insurance companies – can outspend the average citizen, litigation funding may be the only hope to pay the bills while maintaining a fight for fair compensation. Lawsuit Financial does not “lend” money; it invests in lawsuits. While a plaintiff is required to potentially pay back a higher return than average on the advance, remember we take the risk of complete or partial loss. In our opinion, the pros for litigation funding far outweigh the cons.

• Immediate financial assistance when you need it most. Pay immediate bills and expenses – mortgage, rent, auto payments, medical bills, daily household expenses; stop creditor calls.
• Quick turnaround time – typically within 24 – 48 hours
• The only requirements when seeking lawsuit funding is to have an ongoing case and retain an attorney.
• No need for a credit check. Unlike a bank loan, bad credit doesn’t matter.
• No need for employment verification
• No need to be pressured into an early, smaller settlement. Litigation funding allows you to fight for compensation you deserve.
• No risk to you. Funding is on a non-recourse basis meaning that the repayment obligation is contingent on you winning the case. Lose and the repayment is waived.
• Repayment comes from the settlement, not upfront and not through monthly payments.

• Litigation funding can be expensive. This is because the funding company assumes all the risk and must off-set any lose with higher rates.

If you are strapped for cash, do not settle for less than case value. Litigation Funding Corporation may be able to provide you the needed cash to wait for the legal system to do its job. To apply for litigation funding, complete and submit our online application. If you have additional questions or concerns, we encourage you to call our office toll free, at 1-866-LIT-FUND for a free, no obligation consultation.

Wrongful Death Lawsuit Targets Bar In Drunk Driver Crash

December 1, 2015

With fatal auto accidents, lawsuits are often filed against a negligent driver, but in certain cases, local businesses can also be held liable. For example, a bar can be sued for a wrongful death caused by a drunk driver if there is evidence that the bar illegally served alcohol to the driver prior to the crash. This is called a dram shop claim, and it is meant to hold bar owners accountable when their illegal behavior causes severe injury and death.

The parents of a woman killed in a car crash have filed a wrongful death lawsuit against a bar in Texas. The lawsuit alleges that the bar illegally sold alcohol to the driver of the car in which the woman was a passenger. According to the suit, the drunk driver spent hours prior to the accident drinking at the bar, making the bar equally liable. The suit also states that there is evidence that the driver’s blood-alcohol level was 3 times above the legal limit at the time of the crash. The driver and another passenger in the car also died.

In cases like these, a bar that allegedly served alcohol to visibly intoxicated and or underage persons should be held responsible if the intoxicated persons are involved in vehicle crashes after they leave the establishment. That’s where having an experience attorney can help a case and maximize recovery. But, a lawsuit such as this will take a long time to sort out; the bar will likely mount a vigorous defense and a settlement or trial could be months, if not years, away. If there comes a time when the family cannot financially wait to seek justice, litigation funding can help.

Litigation funding would allow the family precious time to wait for a fair and equitable settlement; if they desperately need money now, the only other alternative may be to settle a valuable case for pennies on the dollar to pay their bills. With litigation funding, the only collateral required is a pending lawsuit. There is no need for a credit check, employment verification, or monthly payments. The application takes less than five minutes; approvals are often within 24 – 48 hours. Litigation funding is risk-free; repayment is contingent of the outcome of the case meaning if you lose, repayment is excused.

Call Litigation Funding Corporation today for a free, no-obligation consultation. We are here to assist with legal funding needs of innocent victims to help ensure they receive every penny of damages that they are entitled to receive.

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