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Children of Army Veteran Who Froze to Death to Receive Settlement from the Federal Government in Wrongful Death Lawsuit

In December 2018, William S. Middleton Memorial Veterans Hospital in Madison, Wisconsin, discharged Army Veteran Vance Perry. On New Year’s Eve, a day after he left the hospital, Perry froze to death in a parking garage. The temperature the night before was six degrees below zero, and the veteran was only wearing a light jacket, baseball cap, and no gloves. The police found that he had no signs of trauma.

In a wrongful death lawsuit filed by Vance Perry’s family, the attorneys alleged fault and liability on the hospital for failing to make sure Mr. Perry got in the cab called for him. His five adult children claim the hospital knew that their father had a mental condition that put him at risk to wander. The hospital stated it did not realize Perry had not gotten home until someone from his residence contacted them. Furthermore, the lawsuit alleges that the hospital took no additional steps to alert the police or the public he was missing or possibly in danger.

A victim’s family filed a wrongful death lawsuit against the federal government. The United States agreed to settle the case for one million dollars paid to the Army veteran’s children. The settlement agreement does not admit fault or liability by the federal government. The will go to Perry’s children.

A victim’s family is likely to bring a wrongful death lawsuit in Michigan when their loved one’s death results from another person’s wrongful act, neglect, or fault. The personal representative of the deceased’s estate files the lawsuit to seek compensation for persons entitled to receive damages. However, the costs of court and attorney fees can hinder or prevent a person from pursuing the legal suit. If the person decides to file the court action, funding may be necessary to pay for litigation and personal expenses during the case. A great way to help cover financial obligations while waiting for a settlement or judgment is to choose litigation funding.

Legal funding is financing provided by a third party person or business unrelated to the litigation. Plaintiff receives the cash loan from the third party for expenses such as attorney’s fees, court costs, and personal expenses. In exchange for the funding, the plaintiff agrees to repay the loan from the money won or settled in the third-party funded lawsuit.

The benefit of pre-settlement financing is that the plaintiff does not repay the litigation funding out-of-pocket. The third-party financier does not get its money back if the plaintiff does not win or settle the case. The risk of repayment remains with the third-party investor. Therefore lawsuit funding helps to minimize the plaintiff’s financial burdens throughout the litigation process.

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Litigation Funding