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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.

Football Star Beau Orth’s Wrong Level Spine Surgery Ruined His Career

October 21, 2015

Beau Orth, a former University of Nevada, Las Vegas (UNLV) football player, had a promising football career ahead of him until he had wrong-level surgery on his spine — an operation that ended any chances of him ever playing again.

Beau Orth seemingly had a chance at a career playing football and was looking forward to playing professionally. He went in to surgery to treat a herniated disc, which consisted of a micro-discectomy at LS-S1. His doctor told him that surgery was simple and easy and would allow him to play in a few weeks. Orth, who was 21 years old at the time, came out of surgery to discover the surgeon, Dr. Albert Capanna, had operated on L4-5, not LS-S1.

The result was a severe collapse of his disc. His spine was permanently damaged and he would never play football again. He faces the prospect of multiple future surgeries to attempt to correct the damage left behind by Capanna. According to the statement of claim, Capanna had reportedly also conducted a wrong-level surgery on at least one other UNLV football player.

The medical malpractice lawsuit seeks damages and hopes to make a statement that this type of error should never happen to any other players or patients. Medical bills in a situation such as this are staggeringly high, and even though Orth may have earned money from his early football career, it would be difficult to pay off the bills, particularly since he will require several future surgeries.

The ongoing expenses, medications and rehabilitation are going to becostly. Orth may wish to consider applying for pre-settlement funding from a litigation funding company. It is a user-friendly process and an application may be filled out online or by calling the lawsuit loan company directly.

Once the details of the case have been reviewed with the attorney-of-record and the application has been approved, the funds are expedited to the plaintiff, landing directly in his or her bank account in less than 48 hours. Applicants for pre-settlement funding are not required to be working when they apply, are not expected to go through a credit check and do not pay any funds upfront or throughout the duration of the lawsuit loan. They also do not have to deal with any insurance companies seeking to mitigate their losses by trying to get the plaintiff to settle for less than what they may get in court or on settlement.

Dexterous lion opens gate, kills animal park worker

May 25, 2013

An animal park worker’s neck was broken by an escaped lion.

Though it is too early to tell, this may be a case where safety protocols were not explained properly or not adhered to while the worker was cleaning out a pen.

The records on this sudden death indicate that a five-year-old male lion was able to raise the door of a partially closed feeding cage with his paw, and approached the 24-year-old female worker cleaning the bigger cage area where the lion was regularly kept. There is speculation that the 550-pound lion was attempting to play with her, not maul her, but when he lunged to engage the women, he broke her neck. Death was instantaneous according to the coroner. Any further injuries sustained, such as scratches and claw marks, were post-mortem.

The investigation launched likely has been focused on the safety of the gate and how the animal was able to raise the heavy cage door to reach the woman working in his main pen. Apparently, he had been fed first in the smaller cage, and the woman then moved into the main enclosure to clean his pen out. The woman had only been working at the animal park facility for two months, which raises the question: Was she was properly indoctrinated with regard to safety procedures when working with big cats?

While she was talking on her cell phone to another work colleague, the call was abruptly terminated, which concerned the other worker. The worker called for help and went to look for the young woman. She was found with the lion standing over her.

Her family is understandably shocked and deeply saddened by this tragic death, but may nonetheless consider filing a wrongful death lawsuit, not so much to get any compensation, but to ensure nothing like this happens to anyone else.

While waiting for trial or settlement, the family will need to still pay their regular bills and any expenses related to their daughter’s death. It would likely be financially difficult for them to accomplish and having extra cash on hand would be a welcome relief. They might wish to consider applying for a lawsuit loan. Pre-settlement funding is a cash advance, referred to as a lawsuit funding that arrives in a plaintiff’s bank account once their application has been approved.

While the plaintiff may use the lawsuit loan to buy anything they wish, most apply the funds to their medical or other bills, such as funeral and burial expenses. Having a lawsuit cash advance in the bank allows the plaintiffs to grieve in private and wait for their case to be resolved, rather than have to deal with insurance companies who want them to settle for pennies on the dollar.

Wrongful Death Lawsuit D.C. Train Accident Still Unresolved

June 28, 2011

June 22 marked the two year anniversary of the most fatal public rail system accident in 33 years. The accident occurred in Washington near the Fort Totten station when one commuter train rear-ended another during rush hour. Investigators determined that the cause of the crash was a malfunctioning electronic circuit. The train operator and eight passengers died. In addition, over 70 people went to local hospitals to be treated for injuries that ranged from minor sprains, cuts and bruises to life-threatening injuries.

The National Transportation Safety Board (NTSB) had previously recommended that the Washington Metropolitan Area Transit Administration (WMATA) change these cars because the ability to make it through a train accident was not certain, but cost concerns prevented the WMATA from doing so. Could this devastating train accident have been avoided if the WMATA did not ignore the NTSB’s warnings? Were other warning signs ignored as well?

Lawsuits filed by victims and their families have been consolidated into one case. Although some progress has been made, the pending lawsuits may not be resolved until 2012. In addition to providing compensation to the victims, a wrongful death lawsuit can express the importance of following up on safety warnings before tragedies occur.

It has already been a long road in seeking justice for the victims and their families. As the litigation process continues, many victims may be experiencing difficulty paying the mortgage, rent, car payment, medical expenses, funeral expenses, and other important bills. What can they do until a settlement is reached?
One possible solution is lawsuit funding. A lawsuit cash advance will help pay the bills, relieve financial obligations, and provide the ability to wait for a fair and equitable settlement. Applying for pre-settlement funding is quick and easy; the process can be completed within 24- 48 hours. A lawsuit cash advance may be the strategic move to retain financial security while waiting for case resolution.

For more information on lawsuit funding, visit us at www.litigationfundingcorp.com.

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