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Litigation Funding Blog

Litigation Funding for Medical Malpractice Lawsuits

September 25, 2020

Iatrophobia is a fear of doctors or going to the doctor. Millions of people go to doctor every year with anxiety and worry. Some worry about receiving a bad diagnosis. Others are afraid that the doctor will make a mistake while performing a medical treatment or surgery on them. Unfortunately, circumstances do occur in which the medical professional negligently harms a patient. Such negligence is called medical malpractice.

You may have injuries as a result of a medical worker’s negligence to you. To get compensation for your financial and non-financial losses, you may decide to file a medical malpractice lawsuit. However, lawsuits can be expensive because of court costs and litigation fees. Litigation funding can help cover your legal costs throughout the case. If you need legal financing for your medical malpractice lawsuit, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

What is Medical Malpractice?

Medical malpractice is negligence by a medical professional who fails to perform his duties at or above the standard of care required for his occupation, training, and experience. Under Michigan law, the injured party of a medical malpractice claim must state and prove the following:

  • The facts of the claim;
  • The stated of practice or care the medical professional must have;
  • How the medical professional his duty and standard of care;
  • What the medical professional should have done to comply with his professional standard of practice or care; and
  • The medical professional’s breach of duty was the legal cause of injury

What is Litigation Funding?

Litigation funding, also called legal funding, occurs when a third party financing or funding company pay for the cost of your litigation and other legal cost associated with your lawsuit. The third-party financing essentially assumes all the financial risk of a legal case.

The benefit of legal funding is that party in the lawsuit that receives financing, usually the plaintiff, does not have to pay back the financing company out if his own pockets. The funding is like having a lawsuit loan; however, the funding business only get their money back if the plaintiff settles the case or wins at trial. If you hire an attorney, funding goes to her to represent your lawsuit. Although the third-party financing pays for the attorney’s representation, you still control your case. The attorney must work your best interest and communicate your decision to other parties and the court throughout the litigation.

Paying Back Litigation Funding after a Medical Malpractice Settlement or Trial Win

In a medical action, the plaintiff may have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Future medical treatment
  • Reconstructive surgery
  • Loss of financial support
  • Loss of consortium

A person that files a medical malpractice lawsuit in Michigan law, may recover two types of damages – economic loss and noneconomic losses. Economic losses are the financial losses the injury party incurs because of the negligent act. They include , medical bills, lost wages, and lost of employment. State law defines noneconomic losses as loss due to pain, suffering, loss of enjoyment or companionship. Such losses at a limitation on how much the injury party can receive. Under state law, the amount for noneconomic losses cannot be more the $280,000 no matter now people are suing the medical professional or facility

Hiring a Litigation Funding Company

If you were the victim medical malpractice and want to file a lawsuit, contact Litigation Funding Corporation today at (248) 702-6022 to find out about your legal funding options and how they can help you cover the cost of your case.

A Lawsuit Cash Advance Can Help Auto Accident Victims Fight For Justice

January 15, 2019

In 2016, a man was rear-ended by a teenage driver as he waited at a stoplight. As a result, this husband and father of three suffered serious back injuries and underwent spinal fusion surgery. Unfortunately, his injuries are permanent, requiring a lifetime of medical treatment. He is unable to return to work as a plumber or continue with the lifestyle he once knew.

The lawsuit alleged that the teen was distracted by her cell phone at the time of the crash. While the defense admitted fault, they disputed that the defendant was looking at her phone. The defense also argued that the plaintiff’s pain was from a pre-existing condition. However, after a three-day trial and two hours of deliberation, the jury awarded the plaintiff $2.2 million.

Although this case resulted in a successful settlement for the plaintiff, his attorney said that through it all the insurance company continued to deny, delay, and defend the claim.

This case is a perfect example where litigation funding would be beneficial.

Unlike insurance companies, Litigation Funding Corporation doesn’t penalize customers for using its services exactly the way it is intended. When corporate greed leads to lawsuit abuse; when innocent victims need to fight for their rights, we are there to help.

A lawsuit cash advance can “bridge” the gap between when an accident occurs and when the plaintiff receives a settlement. A quick call or one-page application is all it takes to get started. Once we receive an application, we will contact your attorney to obtain some additional information about your claim. Funding decisions are typically made within 24 – 48 hours.

Qualifying for litigation funding is based solely on the merits of the case. There are no credit checks, no out-of-pocket costs, no fees to apply, no employment requirements, and no-risk! You are only obligated to pay back the cash advance if, and when, the case is settled. If you should lose the case, you owe absolutely nothing!

If you have been injured in an auto accident and finding it impossible to pay the bills, give us a call or complete our online contact form. We may be the financial relief you need to receive the settlement you deserve. Our case evaluations are absolutely free!

Litigation Funding is an Option for Plaintiffs with Mounting Debt during a Pending Lawsuit

February 3, 2017

If a truck accident has been caused by the failure of the truck or its parts, components or systems, the carrier, distributor or manufacturer may be liable for accident victims’ injuries and other losses. The failure of a truck’s parts, systems, etc., could be a maintenance issue, which would likely make the carrier responsible. But if the failure was caused by a defect that was there from the start, a product liability claim may seek to hold the manufacturer and distributor accountable.

The legal process can be complicated when pursuing the recovery of monetary compensation in a product liability case. That is why it is critical to have an experienced trucking accident attorney on your side who can uncover the facts and achieve the maximum damages award. But, tracking down the source of a defective part or component can be a time-consuming process in itself. When time is not on your side financially, litigation funding can be a lifesaver.

An Alabama family has received $16.8 million after a family member was killed in October 2013 after he lost control of the log truck he was driving overturned.

Cab guards are meant to prevent shifting cargo from contacting the cab of heavy trucks. According to the lawsuit, the cab guard failed. When the load of logs on the truck shifted in the crash, they breached the truck’s cab and struck the driver, killing him instantly. Additionally, the trailer support beams failed to contain the truck’s load in place, allowing it to shift forward, and the trailer had no cab guard attached to it.

According to the court order, the jury found in favor of the plaintiff, noting that the cab guard on the truck was defective in design, manufacture, and warnings.

Wrongful death accidents such as this one often cause immediate and long-term financial problems for family members of the deceased. When that happens, legal finance services can provide both immediate and long-term financial assistance. This service, known as litigation funding, helps plaintiffs pay medical expenses, funeral and burial expenses, and ongoing monthly bills during the litigation process. It is easy to apply for a lawsuit cash advance online or by phone and there are no costs or fees associated with the application. There are also no monthly payments, credit checks, or employment verification. Repayment is contingent upon the outcome of the case; if the plaintiff loses their case, the lawsuit cash advance is waived in its entirety. That is correct; the plaintiff would owe nothing. Where else can you obtain a “risk-free lawsuit loan”? If approved, the lawsuit cash advance would arrive within 24-48 hours by check or by wire.

If you have been injured or lost a loved one due to a product defect or corporate negligence, consult an attorney immediately to help you file your claim. Once you are in a pending lawsuit, if you need financial assistance, consider litigation funding. It may be the difference between settling for less too early and waiting for a fair judgment later.

Pressure Sores, Necrotic Penis Contribute to Nursing Home Resident’s Death

September 29, 2016

Donald Shelton died in the Madison Health and Rehabilitation Center as a result of grave injuries. His estate is suing the facility for wrongful death and negligence.

Shelton, who was 78 at the time of his death, was a retired handyman. He had been a resident at the Stanton Nursing and Rehabilitation Center prior to being hospitalized. He was only there for three days when he was sent to Madison Health and Rehabilitation Center, a long-term care center. He arrived at that facility on June 6, 2015.

Shelton subsequently developed great difficulty breathing and sepsis and was sent to a hospital June 14, 2015. He died on the 15th of June. The statement of claim further alleged he was not assisted with oral health or given a bath during his short stay at the care facility.

According to court documents, when Shelton was admitted to the health care facility, it was discovered that he had two serious wounds, one on his right buttock and on his left heel. It is alleged that staff at the long-term care center did not reposition him often enough to halt the damage caused by pressure sores. As a result, when he was admitted, he had two gaping pressure sores that showed bone and muscle, and his genitalia were necrotic and black.

The wrongful death lawsuit states that even though Shelton was only in the care facility for eight days, he suffered a rapid and serious decline in health and that all the multiple named defendants should have provided sufficient, adequate and proper care, nursing services, and dietary requirements. The fact that Shelton was not moved enough or properly cared for is cited as a significant causative factor for emotional distress and the pain and suffering he coped with prior to death.

Mr. Shelton’s family may wish to consider applying for litigation funding to assist them in paying their dad’s medical bills, funeral and burial expenses. There is no cost to apply for a lawsuit loan and no fees charged unless you are successful in winning your lawsuit.

If you lose, you keep the pre-settlement funding. There are no strings attached and you do not pay it back. If you win your case, the fee amount per the terms of your contract is repaid. You get a rebate for early settlement and a fair compromise if the settlement is not what you expected.

With the co-operation of your attorney, you are typically funded within 48 hours or less from the time you put in your application to the time your lawsuit loan arrives in your bank account. Litigation funding may be the right lifesaver at the right time.

Wrongful Death Lawsuit Reveals Worker Partially Scalped, Asphyxiated

September 15, 2016

Francisca Gomez died on-the-job at Crookham Co. Seed. Her hair got caught in a piece of machinery.

According to the documents filed in this wrongful death lawsuit, Gomez was not the first person to have caught their hair in a moving piece of machinery at the seed plant or their clothing entangled in conveyors in other plant locations. One of the workers who previously had their clothing seized by a conveyor belt was Francisca Gomez’s daughter.

Just prior to her death, Gomez was cleaning a seed treater/picking table. As she crawled under the table to clean the area, her hair became wound up in the machine. According to the coroner, she died as a result of being partially scalped, sustaining significant blood loss and traumatic asphyxia.

The lawsuit alleges negligence on the part of the company for not adhering to operating manual instructions for the table that cautioned there were several steps to follow to ensure the safety of workers using the equipment. The instructions said the table was to be disabled and workers given hard hats to complete their job.

Allegedly, Gomez was intentionally not given a hard hat and told to clean the table while the system was operating. Furthermore a post-accident safety assessment revealed several safety concerns, hazards, violations and dangerous conditions.

Other allegations in the statement of claim suggest the employer did nothing to save Gomez and instead ordered others in the same area to keep working. Some were working a few short steps from the body after the accident. The Occupational Safety and Health Administration (OSHA) issued a significant penalty for serious infractions in relation to the death of Francisca Gomez.

The Gomez family would have been faced with unexpected funeral and burial expenses in addition to trying to cope with their usual monthly financial obligations. They may wish to consider applying for a lawsuit cash advance.

A lawsuit loan is cash advanced to you to pay for your attorney. Also referred to as pre-settlement funding, legal funding, case financing or litigation funding, it helps you immediately while your lawyer works on your case to get it to court.

While many people wonder if a lawsuit loan is based on an individual’s credit rating, litigation funding is not based on an applicant’s credit history. The funds are sent to an approved plaintiff to cover legal and other expenses for their personal injury case, provided they have an attorney of record. If your case does not succeed, you keep the lawsuit loan with no strings attached. It’s certainly worth checking out.

Two Doctors Examined Walter Friedlander, Neither Diagnosed Him

August 31, 2016

Walter Friedlander, a former veterinarian, died February 15, 2011 as a result of a severe infection that two doctors did not diagnose. He was 63-years-old at the time of his death.

This medical negligence case resulted in a jury award of $4.65 million to the family of Walter Friedlander who chose to sue for medical malpractice after the death of their father.

According to the statement of claim, Friedlander was admitted to the hospital in 2011 with severe pain. Preliminary blood tests were done. He was then seen by two doctors: Dr. Nicolas Golden and Dr. Doug Heller. But neither one of them spoke to the other after they had seen him. Mr. Friedlander was subsequently left in a medical limbo with no doctors seeing to his care and treatment.

Although doctors purported suspected pancreatitis, there were no tests done for that and no one ordered tests for what turned out to be sepsis, a very dangerous and often fatal condition. Thirty-six hours after Friedlander was admitted to the hospital, he was dead.

This case went to a New York Supreme Court jury and the six-person jury found both physicians and the hospital responsible for Friedlander’s death. The hospital did not agree with the verdict and it is expected that it plans to request the motion be set aside and to reserve its option to appeal.

Despite the short period of time during which Mr. Friedlander was in the hospital, his family would have faced a significant bill for the tests done, the two doctors attending on him, the cost of the room and any medications he may have received. They would also need funds for his funeral and burial.

The Friedlander family may have been interested in applying for a lawsuit loan from a litigation funding company to help them deal with any cash flow shortage they may have had. Pre-settlement funding is emergency fast cash that allows a plaintiff the security of having funds in the bank and on hand to pay all of their necessary bills, including mortgage, school loan, rent and car payments.

Life does not come to a full stop because you are involved in a lawsuit, and it certainly does not wait for the lawsuit to pay off. Litigation funding provides you with the cash needed right now to cover living expenses while your case is being prepared and fought. There are no upfront fees involved in applying for a lawsuit loan and litigation funding is without risk. If you lose, you do not owe the company one dime.

7-Year-Old Boy in Permanent Vegetative State Due to Medical Malpractice

August 26, 2016

In 2010, the Griffith family took their child to Teays Pediatrics. He had been vomiting frequently. What followed was a series of medical oversights that left the then 7-year-old boy in a permanent vegetative state.

Tabatha and Karle Griffith took their young son Gabriel to the local pediatrician December 13, 2010 to find out why their son was vomiting frequently. Dr. Ann Lambernedis examined him at Teays Pediatrics. The doctor could not say why the child was vomiting and did not take his pulse at the time even though radiological tests were performed on Gabriel’s chest and abdomen.

The young boy continued to vomit, prompting the parents to call the doctor several times for assistance. On December 27, 2010 the parents once again took their son to Teays Pediatrics for help. Dr. Lambernedis still had no diagnosis to offer them and once again the child’s pulse was not taken.

In July 2011, the child was once again taken to see Dr. Lambernedis because he was still vomiting. There was no diagnosis suggested at this time either, but the child’s pulse was noted to be 100 beats per minute. More chest and abdomen tests were performed again.

A week later, the Griffith family received a referral from Dr. Lambernedis to a gastroenterologist. By the time the Griffiths went to see the gastroenterologist in August 2011, their son’s pulse was 160 beats per minute.

Their son was sent to the hospital and diagnosed with supraventricular tachycardia. His breathing rate doubled and according to the statement of claim filed in this case, hospital staff did not intubate him in a timely manner. The Griffith’s son suffered cardiac arrest the next day and sustained irreversible neurological damage, leaving him in a permanent vegetative state.

The Griffiths filed a medical malpractice lawsuit alleging Dr. Lambernedis was negligent in diagnosing their son’s condition and not treating him correctly and that the hospital and other medical professionals were also negligent in their care and treatment of their son.

In order to handle their medical bills, the Griffiths would need access to a substantial amount of money. The ideal solution for them may be to apply for litigation funding, also referred to as pre-settlement funding. Being approved for and receiving litigation funding does not mean the finance company is involved in your case. All case litigation strategies, trial preparation, settlements, negotiations and legal decisions remain in the purview of your attorney in partnership with you.

A lawsuit loan is considered to be non-recourse funding, which means that any repayment is dependent on the outcome of your case. If it should fail in court, there is no repayment and you keep the funding with no obligation to repay it.

Why You Need Litigation Funding If You Are Involved In A Personal Injury Lawsuit

August 8, 2016

A personal injury can be the result of a defective product, medical malpractice, slip and fall accident, or dangerous products, but the most common cause is an auto accident. When a personal injury occurs, the first step is to seek medical attention. Once you have done so, it is important to gather as much information applicable to your accident as possible, such as the names and contact information of any witnesses and photos of the accident scene. You should also retain all medical records and expenses.

Although the insurance company will determine a settlement in accordance with a “formula”, it may not be enough to compensate you adequately for your loss. To obtain the justice you deserve, it is important to contact an experienced attorney who can evaluate your claim and explain your rights. Even in a “cut and dry” case, a settlement could be years away.

In the meantime, you may struggle financially to pay the basic living expenses, such as groceries, mortgage, and car payments, as well as expenses associated with the accident, such as medical bills. Knowing you may be desperate to settle, the insurance company will make you a less-than-favorable offer. When in a time of significant financial need (when you are behind on the mortgage or car payments), you are likely to accept the offer. This can be a fatal mistake.

Litigation funding is financial assistance that will allow you to better withstand the lengthy legal process, keep your valuable assets safe, and give your attorney time to achieve the maximum settlement possible. This type of funding is NOT a loan. It is a non-recourse cash advance, meaning you repay the advance, plus fees, only if and when your case successfully settles. If you lose your case, the funding is completely waived; you owe us absolutely nothing and keep the advance. Another unique feature of litigation funding is that there are no credit checks or proof of employment required because approval for a cash advance is based solely on the strength of the lawsuit.

With litigation funding, there is no reason to settle your case prematurely due to pressing financial burdens. To find out if your case qualifies for litigation funding, complete the online application or call our office at 1-866-LIT-FUND.

Who Needs Litigation Funding?

March 23, 2016

Accident victims often suffer injuries that result in high medical costs as well as lost income. Receiving a settlement can take months, even years to work its way through the courts. In the meantime, many plaintiffs struggle to pay even the basic necessities of life such as the mortgage/rent or daily living expenses. Unless there are substantial savings to fall back on, plaintiffs often need financial assistance to survive until their case is resolved. Powerful insurance companies know this and will deliberately delay the legal process hoping the cash-strapped plaintiff will settle for less than full compensation. Unfortunately, accepting a low-ball offer can mean that the settlement will not pay for all the medical expenses and other damages related to the lawsuit.

If a plaintiff does not have savings, assets that can be easily liquidated, or another source of income that can be easily accessed, litigation funding may be an option. With a lawsuit cash advance in hand, plaintiffs can work with their attorneys to build a powerful case and wait for a larger, fairer settlement that pays for more of their lost income, damages, medical costs, and other expenses. Unlike other forms of traditional financing, litigation funding is non-recourse. This means that the lawsuit cash advance only needs to be repaid if, and when, a plaintiff wins the lawsuit or settles out of court. If the case is lost, repayment of the cash advance is waived.

To be eligible for funding requires attorney representation and a winnable case. The application process does not include a credit check or employment verification. Once an application is received, we review case documentation from your attorney, and if approved, a wire transfer or direct deposit of funds will be made within 24 – 48 hours. It is that simple!

It is important to note that while litigation funding can be an important source of emergency cash, it is also a costly. A lawsuit cash advance should only be used in cases where money is absolutely necessary – maintaining your home, car, and daily living expenses. It should not be used to buy luxuries. So carefully consider whether you are really in need of the money before you make a decision to apply for lawsuit funding. If you would like a free, no-obligation consultation, contact Litigation Funding Corporation at 1.866.LIT.FUND.

How Litigation Funding Can Protect You And Your Family

February 9, 2016

Until you are in a pending lawsuit, you may not realize how long the litigation process can take. Even if you win, you may not be paid for months or years, especially if the case is appealed. Most plaintiffs can’t afford to wait, especially if unable to return to work. The mortgage/rent and utilities must be paid. Household bills need to be paid, including groceries. There may be medical expenses or costs associated with ongoing care. The stack of bills may seem never-ending. Deep-pocket defendants and insurance companies know this and will use your financial hardship to pressure you into a low settlement. Believing there is nowhere else to turn, you may consider the offer. Litigation Funding Corporation is here to tell you that is usually not be in your best interest. We may be able to help get you fast cash without a credit check, employment verification, or assets.

Litigation funding is a non-recourse cash advance provided to a plaintiff involved in pending lawsuit or awaiting a settlement payment. The advance is only repaid when you win or settle your case and from the case proceeds; there are never out-of-pocket payments. Furthermore, n recover; no payback. That’s correct – if you lose your case, you are not required to repay the advance.

As long as you have been seriously injured, have legal representation, and a pending lawsuit, you are eligible for litigation funding. The amount of the cash advance you can receive is based entirely on your case. To get started, complete our online application or call our office toll-free at 1-800-LIT-FUND. One of our funding experts would be happy to assist you. We can typically evaluate cases and determine funding within 24 – 48 hours of receiving case documentation.

Litigation Funding