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Litigation Funding Blog

Family Files Wrongful Death Lawsuit against Medical Device Manufacturer

March 30, 2017

A New Orleans widow and her adult children have filed a wrongful death lawsuit against a tracheotomy tube manufacturer.

According to the complaint, on May 16, 2016, the deceased man was preparing to remove for routine cleaning the inner cannula of his tracheotomy (trach) tube when suddenly and without warning, the outer/larger cannula failed by separating from the neck flange. As a result, the man had difficulty breathing and died before EMT were able to resuscitate him.

The lawsuit alleges that the trach manufacturer negligently designed, manufactured and sold the defective tracheotomy tube. The plaintiffs seek a trial by jury and an undisclosed amount in damages, including loss of love and affection, society, companionship, services and consortium.

Being injured, or losing a loved one by defective medical devices is a very serious matter. Victims not only face physical and emotional hardships, but as the bills pile up, financial constraints can jeopardize one’s credit, lead to bankruptcy, or even foreclosure. Litigation Funding Corporation can put money in the plaintiff’s pocket in the form of a lawsuit cash advance against the pending settlement.

This cash advance is known as litigation funding. It is provided on a non-recourse basis which means no risk to the plaintiff. We take the time to evaluate the strength of each case and customize a solution to fit the plaintiff’s specific needs. There is no need for a credit check or employment verification; repayment is made only after the case settles and the proceeds are dispersed. If the case is lost, repayment of the cash advance is completely waived.

If you are in a pending lawsuit and in a financial bind, Litigation Funding Corporation can help. Simply complete our online application or call our office. We often approve cases for funding within 24 hours, then overnight or wire transfer funds for immediate use.

Georgia Nursing Home Settles Pressure Sore Wrongful Death Suit the Night before Trial

March 29, 2017

Pressure sores are a completely preventable and as such are considered a form of nursing home neglect. If you or a loved one has suffered from pressure sores while a resident at a nursing home, you should consult an experience attorney to understand your rights. If you file a lawsuit and need financial assistance until a settlement is reach, contact Litigation Funding Corporation.

A Georgia nursing home settled a wrongful death lawsuit on the eve before the case was set to go to trial.
According to the lawsuit, the deceased man had been sent to the facility for rehabilitation services after a stroke. During his stay, the man develop pressure sores and was found to be dehydrated and malnourished. His widow alleged that poor care caused her husband’s declining health, and ultimately his death from gangrene-infected pressure sores.
The case settled for an undisclosed amount.

The nursing home had consistently received below average ratings as a result of numerous violations and had been named in several lawsuits over the last ten years. The facility declared bankruptcy and was sold this past May.
If you or a loved one suffered physical or emotional injuries because a nursing home was negligent or failed to fulfill its care obligations to you and your family, you may have grounds for a nursing home negligence case.

Contact an experienced attorney as soon as possible. If you are seeking lawsuit funding to help during a financially difficult time, consider lawsuit funding to hold out for full case value.

Lawsuit funding is used by most people to pay their medical bills, funeral expenses, and ordinary but important bills and expenses that accumulate because of serious injury or death. The strategic advantage of a lawsuit cash advance is that it provides the plaintiff with the financial strength to await for a reasonable offer from the insurance company or defendant.

The application process is easy and may be handled over the phone or online; it takes less than five minutes. There are no upfront fees, monthly payments, credit checks, or employment verification. Once an application and case documentation is reviewed, if the case is approved for funding the plaintiff can receive the money within 24 – 48 hours. Repayment is contingent upon case outcome; if the case is lost, there is no requirement to pay the money back. Thus, lawsuit funding is a no-risk lawsuit cash advance.

If you or a loved one has filed a nursing home negligence lawsuit, but need financial assistance, Litigation Funding Corporation can devise a legal finance plan to help. Lawsuit funding can often be the difference between a mediocre settlement and a large, injury appropriate settlement. We offer free, no-obligation consultations. Complete our online application or call us toll-free 1-866-548-3863 to discuss your financial needs.

Undiagnosed Brain Tumor Leads to Death of 13-Year-Old Girl

A 13-year-old girl, in this wrongful death case, first went to a doctor in February 2016 complaining of bad headaches. She was diagnosed with migraines and was sent home.

During the first visit at the doctor, the girl was told to return if she kept having headaches or if she started to throw up. Two months later the girl went back to the doctor’s office on at least two separate occasions complaining of ongoing headaches, a numb tongue and vomiting. She was given a prescription for migraines.

In May 2016, while the girl was at the emergency room she stopped breathing twice and became unresponsive. At no point did the medical staff order a CT scan and instead suggested her non-responsiveness was behavioral in origin and that she may be faking her symptoms. Hours later the 13-year-old’s pupils became different sizes prompting a CT scan that revealed a massive tumor that had caused fluid to build up in the brain. The resulting pressure destroyed all neurological functions. Despite surgery, she was declared brain dead and her parents removed her from life support.

Her parents filed a medical negligence wrongful death lawsuit alleging that if the doctors had been more diligent in their diagnosis and treatment when her symptoms first manifested, their daughter may still be alive. According to the documents filed in this case, the numb tongue, nausea, severe migraines and vision problems were classic signals of a pediatric brain tumor.

Even though the parents in this case decided to file a lawsuit, they cannot wait to deal with pressing financial necessities, such as the medical bills from their daughter’s stay in hospital, the surgery, and paying for her funeral and burial expenses.

In their search for an attorney to handle their case, they may have run across information about litigation funding, an option that may be the perfect solution for them. Once the family has hired a lawyer and filed a claim, they become eligible for a “lawsuit loan”, also referred to as pre-settlement funding.

A “lawsuit loan” helps the plaintiff to cope financially while waiting for a fair and equitable settlement or jury verdict. Obtaining pre-settlement funding means the plaintiff does not have to deal with insurance companies, urging them to settle for less than they may get in court.

Family Files Lawsuit Alleging Construction Company and Employee Negligence in Motorcycle Crash

March 28, 2017

The family of a motorcyclist killed in an auto accident last summer has filed a wrongful death and negligence lawsuit against a construction company and one of its employees.

The 25-year-old motorcyclist was riding is 2002 Suzuki when a flatbed truck turned left in front of him, without yielding. The motorcyclist slammed into the truck and lost control. He was run over by the rear passenger tire of the truck and sustained fatal injuries, according to reports. The motorcyclist was wearing a helmet at the time of the crash. The truck driver suffered minor injuries. He was ticketed three months after the crash for failure to yield while turning left.

According to the lawsuit, the truck driver allegedly failed to properly control the vehicle, failed to yield to oncoming traffic while turning left at an intersection, and was travelling at a speed greater than was reasonable given the traffic conditions.

The truck driver contends that he had been slowing to a stop, preparing to turn left, when he saw the motorcycle traveling toward him. He said the motorcyclist flashed his lights and slowed to allow the truck to continue its left turn, so he proceeded into the intersection, according to reports.

The lawsuit seeks compensation “in excess of the minimum jurisdictional amount,” plus the cost of the lawsuit. In this case, that’s in excess of $50,000, plus the lawsuit costs.

Now that a lawsuit has been filed, the family may wish to inquire about litigation funding.

Litigation funding is a viable choice for cash-strapped plaintiffs because it can help meet living expenses, pay for medical care and funeral expenses, and cover other daily needs. Eligibility is based on attorney representation and a strong case. Once these qualifications are met, the application process is quick and easy; it takes less than five minutes online or over the phone. Next, we will obtain basic information about the case from the plaintiff’s attorney.

Litigation funding is based solely on the merits of the lawsuit; credit rating or job status does not matter. After our underwriters review the information, if the case is approved, funds can be available within 24 – 48 hours. Repayment is made from the proceeds of the case, and there is obligation to repay the cash advance if the case is lost. That is correct – we only get paid back the cash advance if our client successfully settles.

Litigation funding might be just the answer if you have been injured or lost a loved one in an auto accident, your personal funds are running out, and your case has not settled. For more information or a free, no obligation consultation, contact Litigation Funding Corporation at 1.866.LIT.FUND or complete our online contact form to get started.

Alleged Negligence Leads to Death of Patient at Drug Treatment Facility

March 22, 2017

A Pennsylvania woman filed suit against a drug treatment facility and its personnel alleging negligence in the treatment of her drug addicted 43-year-old husband.

On admission to the drug addiction center, the patient was given a cocktail of 17 drugs to assist in the withdrawal process, including: Subutex, Phenobarbital, Vistaril, Librium, Tylenol, Serax, Folic Acide, Prilosec, Colase, Catapres, Cymbalta Bentyl, Abilify, and Albuterol.

During his stay at the clinic, the patient complained of withdrawal symptoms, and the physician diagnosed alcohol, opiate, benzo and cocaine dependence. He was given Subutex, and several other drugs at that time, which are known to be respiratory depressants. The patient was found dead in his room later in the day on January 9, 2015. Although CPR was attempted, he never regained consciousness and died shortly thereafter.

The Pennsylvania drug addiction center and two doctors were named in this medical negligence lawsuit filed by the decedent’s wife, the administratrix of his estate. According to the statement of claim, the deceased voluntarily entered the drug addiction treatment center to seek help. The man was screened by staff prior to admission, a process that included obtaining a detailed mental and physical health history, a psychosocial assessment and a complete physical.

The plaintiff alleged that during the admission process, the defendants were alerted or should have become aware that the deceased had physical and psychological problems. The deceased was addicted to alcohol, heroin and crack cocaine. In addition, he had a long history of anxiety, depression, asthma, tachycardia, bipolar disorder and vocal cord dysfunction.

The plaintiff further alleged her husband’s death was caused by the collective negligence of the staff and medical personnel at the drug treatment facility. The plaintiff is seeking personal injury damages.

Cases such as this one may take months or years to be resolved and even when a resolution is reached, settlement monies may be delayed, creating financial difficulties for the plaintiff. Insurance companies are reluctant to write a settlement check. In a situation such as this, reach out to Litigation Funding Corporation and ask about a lawsuit cash advance.

Lawsuit funding is not only used during trial litigation, but it is also used when a plaintiff’s case is pending an appeal or they are waiting on a settlement check. A lawsuit cash advance is not to be confused with a loan. Repayment is contingent on receiving a settlement. If the plaintiff loses the case, any repayment is waived.

Care Facility Reaches $1 Million Settlement in Wrongful Death Lawsuit

March 20, 2017

Negligence lawsuits against nursing homes often take years for the case to wind its way through the courts, as seen in the following case.

A California continuing care retirement community has agreed to a $1 million settlement in a 2013 wrongful death and elder abuse lawsuit.

According to the suit, staff at the facility noticed an ulcer on the woman’s back, but failed to get her medical attention at the time. Her condition was so neglected that the ulcer became infected. The woman was sent to the hospital where she died of sepsis. The lawsuit also alleged the facility cut corners by not properly training staff, and putting profits over safety.

“While there were defenses to the allegations, we ultimately decided to resolve this case to put our focus on what matters most, the health and well-being of our residents,” said a spokesperson for the defense.

Many plaintiffs simply cannot wait years for their settlement without the help of litigation funding. Litigation Funding Corporation is a legal finance company that provides cash advances to plaintiffs for living expenses and other bills while they wait for their case to settle.

With a lawsuit cash advance, victims can take on deep pocketed defendants and avoid being forced to settle for less just to pay the bills. Litigation funding is not a loan; factors such as employment history, credit score, and financial standing are not required. The only concern is the validity of the lawsuit and the likelihood of its success. Additionally, there are no upfront fees or monthly payments; we are repaid only when your lawsuit settles or is resolved by a favorable cash judgment. If the case is lost, repayment is completely waived.

If you have a viable lawsuit and are represented by an attorney, you are already pre-approved. Begin by completing a free, no obligation application online or by calling Litigation Funding Corporation. We will promptly request case documentation from your attorney to review your case. Once the determination has been made to provide funding, cash can be made available in as little as 24-hours. There are no restrictions on how the lawsuit cash advance is used.

Usher Blames Theatre for Slip and Fall

March 16, 2017

A woman was volunteering as an usher at a Houston theatre when she fell from the stairs area, suffering serious injuries. She has filed a lawsuit against the theatre group managers, alleging negligence for failing to maintain the premises in a reasonably safe condition, failing to warn employees, volunteers, and theatre-goers of the dangerous condition, and failing to inspect the premises for any dangerous condition that existed. The lawsuit seeks a trial by jury.

Damages in slip and fall accidents are based on the extent of the actual injuries and can include medical expenses, pain and suffering, or mental anguish. Slip and fall cases fall under premise liability with most cases settling out of court. Other times, victims find themselves in the throes of a length legal battles and struggling to pay the bills. This problem can be aggravated by the length of time it takes to receive a settlement.

When premise liability plaintiffs are left without the financial means to pay bills and take care of their families, litigation funding can help bridge the gap while the case resolves in court.

The first step is to complete a one-page request for funding application online or over the phone. The application is free and there are no credit checks, employment verification, or hidden fees. If your case appears strong, we will award a cash advance based on the anticipated proceeds of the future settlement or jury award. This is often done within 24 – 48 hours of receiving an application for funding. Additionally, litigation funding is absolutely risk-free. If you don’t settle or collect damages on your lawsuit, you are under no obligation to repay the cash advanced. What better way is there to get the peace of mind you deserve in your time of need?

If you are involved in a pending slip-and-fall/premises liability case and need financial assistance, take a few minutes to complete our online contact form or call. Should you have any questions about litigation funding, do not hesitate to contact Litigation Funding Corporation at 1-866-548-3863.

Brakeman Accuses Transportation Company of Negligence

In a split second, your life can be changed forever by the carelessness or negligence of someone else. Personal injury victims often experience severe injuries and disabilities, leading to steep medical bills, an inability to work, difficulty paying for basic living expenses, and financial and emotional stress. Meanwhile, the litigation process can take years, time most plaintiffs don’t have. Litigation Funding Corporation can help by providing a non-recourse cash advance.

A Texas man has filed a lawsuit against a transportation company alleging failure to provide employees with a reasonably safe working environment.

According to the complaint, the plaintiff alleges that while employed as a brakeman on a switching crew, he was run over by three locomotives that were hooked together as he was crossing the main lead. As a result, his legs were amputated below his knees.

The suit states that the defendant failed to issue audible warning from the locomotive, failed to properly train employees, failed to properly supervise its agents, and allowed unsafe work practices to become the standard. The plaintiff seeks a trial by jury and undisclosed compensation for physical injuries, emotional pain, loss of earnings and medical expenses.

Despite the fact that our legal system can help plaintiffs receive the compensation deserved, it is usually not a quick and easy process. Insurance companies will regularly put up a fight when it comes to paying people what they should. They will usually do this by stalling the case hoping the plaintiff will run out of money and agree to a less than favorable settlement. The emotional, mental and physical stress is enough to deal with; the last thing this man needs to worry about is how to keep up with his financial obligations until a fair settlement is reached. In cases such as this one, victims may be eligible for litigation funding.

When justice is slow in coming, a lawsuit cash advance can be the means to stay financially afloat. All that a plaintiff needs is an experienced personal injury lawsuit and a strong case with a high probability of success. Applying for litigation funding can be done online or with a quick phone call.

Once we receive an application and case documentation, the review and decision process is typically handled within one day, and funds can be available for use within 24 – 48 hours of approval. Repayment is only made after the case settles; if the case is lost, repayment of the lawsuit cash advance is excused.

If you are in a pending personal injury claim and need financial assistance, call Litigation Funding Corporation. We may have the mechanism you need to pay your bills, keep your credit standing, and fight for your rights.

Lawsuit Alleges Hospital Negligence Led to Fall and Subsequently a Traumatic Brain Injury

March 14, 2017

When a patient suffers injuries due to negligence on the part of medical professionals, the patient can opt to file a personal injury lawsuit against the health care professional(s) and/or hospital. Damages can be sought for medical expenses, lost past and future wages, emotional distress, and pain and suffering. Once the litigation process is underway, the plaintiff can seek litigation funding.

A couple is suing a hospital, citing alleged insufficient measures were taken to prevent the wife’s fall and subsequent brain injury while she was receiving care for another medical issue.

The woman was taken but ambulance to the hospital in September 2014, after an unrelated health emergency at her home. The complaint alleges that shortly after arriving in the ER, the woman fell from either the hospital bed or stretcher. She was found on the floor and later diagnosed with a traumatic brain injury. The lawsuit alleges that hospital staff failed to provide adequate supervision and assistance to prevent the patient from falling.
The plaintiffs request a trial by jury and an undisclosed amount in damages.

If the plaintiffs are in need of financial assistance while waiting for justice to be served, they may wish to consider litigation funding.

Litigation funding is a service that provides plaintiffs with financial assistance to help pay the bills during a lengthy litigious process especially so plaintiffs aren’t forced into settlements too soon, for too little. A lawsuit cash advance from Litigation Funding Corporation is based on case strength and supporting documentation. We have streamlined the funding process so that it is quick, easy, and hassle-free. This means that we can often put the money in the plaintiff’s hands within 24 – 48 hours.

The funding application takes less than five minutes to complete, online or over the phone. There are no up-front charges, no monthly payments, no credit checks, and no employment verification. Best of all, there is no risk! Repayment of the cash advance is contingent upon the outcome of the lawsuit. If the plaintiff loses the case, repayment of the cash advance is completely waived.

To learn more, contact the legal funding experts at Litigation Funding Corporation to discuss your case funding situation.

Family Settles Wrongful Death Lawsuit with Health Care Agency

March 8, 2017

Wrongful death lawsuits are typically filed by the family members of the deceased. Although nothing can heal the pain or bring a loved one back, bringing justice to those responsible for a wrongful death can bring peace of mind to the family and also help bring about change so others don’t suffer from the same wrongdoing.

In July 2015, we posted a blog to this site after an elderly woman with dementia died from injuries sustained after being thrown from her wheelchair while riding in a van with a caregiver. The family of the deceased woman filed a wrongful death lawsuit against the health care agency that employed the driver.

According the claim, the caregiver failed to properly strap in the woman before getting behind the wheel. Once on the road, for unknown reasons, the driver “suddenly and unexpectedly” braked, causing the woman to be thrown from her wheelchair into the dashboard. The lawsuit alleged that the caregiver sought help from “Good Samaritans” to get the woman back in the wheelchair, then took the woman back to her residence without seeking medical attention or calling an ambulance or police. The suit also claims the elderly woman’s family was not notified of the incident, and was later lied to about what happened. The elderly woman ultimately died four months later from multiple broken bones and internal injuries, according to the lawsuit.

Litigation Funding Corporation is happy to report that the family has reached an undisclosed settlement with the health care agency.

Sadly, it is only after innocent people are seriously injured or killed that something is done. The defendant said that they have implemented additional measures to protect the elderly and to reduce the risk of similar transportation accidents. “These protective measures include the purchase of safety harnesses for transporting the elderly and disabled; mandatory safety seminars for caregivers using the transportation van; increased supervision over all caregivers; and stringent hiring practices that include active and comprehensive driving records checks on caregivers that could possibly be transporting clients.”

The caregiver currently has first-degree felony injury to an elderly person charges pending against her.

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