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Litigation Funding Blog

Alleged Medical Malpractice Leads to Woman’s Death

January 19, 2017

Patient sues a health care provider after she falls attempting to get to the restroom.

A medical malpractice lawsuit was filed by patient, at a Charleston medical center, Jane Smith (not her real name). The woman who was heavily sedated, woke up in her room, attempted to use the restroom and fell. The fall resulted in disabling and severe injuries that subsequently required two expensive surgeries.

The plaintiff alleged that the medical staff negligently removed additional barriers placed on her bed by her daughter, disconnected the safety alarm and lowered the bed rails. Since the patient was still under sedation the absence of such safety precautions were alleged to be a causative factor in the fall.

According to the statement of claim, the patient was billed for an additional $66,294 for the surgeries required as a result of her fall. The lawsuit alleges that in addition to the medical staff failing to render services and proper care in a safe and prudent manner, the patient also suffered from mental anguish and additional pain.

Filing a personal injury medical malpractice lawsuit may be the means to improve quality of care and safety. However, such lawsuits typically take months to years before a settlement is reached. This is a serious disadvantage for individuals living on a fixed income who do not have extra resources to ensure their case keeps moving forward. Litigation funding may be the perfect solution in a case such as this.

With a lawsuit cash advance, also referred to as litigation funding or pre-settlement funding, plaintiffs can meet their financial obligations and other everyday living expenses. Pre-settlement funding approvals do not require the applicant (plaintiff) to have good credit, make monthly payments or to have a job. Payments are not made until the lawsuit is settled successfully or a jury verdict for the plaintiff is handed down.

Lawsuit loans are considered to be a non-recourse cash advance, which means if the plaintiff loses their case, repayment is waived. With such a significant advantage in favor of the plaintiff, there is no need to settle.

Mechanic’s Shoddy Safety Inspection Led to Fatal Auto Accident

August 13, 2015

Officials say a mechanic caused the death of an 83-year-old Vermont woman when the car she was in, which he had inspected, crashed because of brake failure. The woman and her husband were riding in their 1992 Chevy Corsica when the husband applied the brakes to avoid hitting a turning vehicle in front of them. He claims there was a “pop” and then the brakes would not work. When he swerved to avoid hitting the vehicle, the Corsica jumped a curb, plunged down an embankment, crossed a street and slammed into some tree stumps. The driver suffered minor injuries; his wife was pronounced dead at the hospital.

An investigation showed the brake lines and rocker panels were rusted, corroded, and in a visibly unsafe condition. The panels are meant to provide structural integrity for the car. According to the state Department of Motor Vehicles, the defects should have been discovered two months earlier during a state safety inspection by the mechanic. The mechanic has been arrested and charged with involuntary manslaughter and reckless endangerment.

The victim’s family should contact an experienced auto accident attorney to understand their rights and to learn what legal remedies are available. After consulting with an attorney, if the family files a lawsuit they could face a long litigation process. To help with any immediate financial needs, the may want to consider litigation funding.

Litigation funding is a non-recourse cash advance against the future proceeds of the case. It is a means to ease the financial burden and give their attorney the time needed to obtain full case value. Litigation Funding Corporation, an auto accident litigation funding expert, offers funding services strictly on the merits and strength of the case so there is no need for credit checks or employment verification. We offer low rates, excellent customer service, and a quick and easy application process; we can almost always provide litigation funding in 24 to 48 hours. Best of all, our “lawsuit loans” are on a non-recourse basis meaning if our client loses the case, there is no obligation to repay the cash advance.

With litigation funding, why give in to corporate and insurance tactics pressuring you to settle for less? If you have been involved in an auto accident and are seeking a lawsuit cash advance, contact Litigation Funding Corporation or apply online for a free, no-obligation consultation.

Workplace Crush Death Leads to Wrongful Death Lawsuit

February 18, 2015

If a wrongful death lawsuit is filed with the assistance of an attorney, the family or plaintiff of the deceased may apply for pre-settlement funding from a litigation funding company.

In one such horrific wrongful death case, Travis Miller, 25, perished in an elevator shaft while working on the Florida State University (FSU) dorm construction site.

The elevator operator had noticed Miller in the window on his way up the outside of the building, and had made a mental note to tell him on the way down that he needed to move. Unfortunately, he never got the chance to warn Miller.

Miller was perched on the ledge of an open window talking to three of his co-workers when an elevator came down. It pulled him into a one-and-a-half inch space between the building and the elevator. The men yelled to the elevator operator to go back up, immediately.

By the time they pulled the young man back through the window, he was dead. An autopsy report confirmed crushing trauma to Miller’s torso. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is conducting an investigation.

Miller’s family is seeking a least $15 million in their wrongful death lawsuit, alleging the University had a duty to maintain a safe worksite that could have prevented Miller’s death. The suit further alleges that onsite workers were not properly supervised, and that because the site was dangerous, the FSU should have implemented extra safety precautions.

The evidence submitted with the statement of claim showed that the window where Miller sat, and several other windows in the building, had a wedge of plywood in it to avoid this very kind of tragedy. Someone removed those barriers a month prior to the accident, and never replaced them. Apparently the building superintendent was not aware that the plywood had been removed from the windows.

The family was left with the conundrum of how to pay for the extra expense of a funeral and burial, and how they would pay their bills while they waited for their case to go to court. One option they could have considered is applying for litigation funding. A lawsuit loan is fast cash that arrives within a plaintiff’s bank account within 48 hours of being approved for pre-settlement funding.

Once the litigation funding is in place, the family may pay all of their extraordinary expenses and keep their usual monthly financial obligations current. Lawsuit loans are not for everyone, but they are worth checking out to see if the funding they provide can help one hold the line until the case is settled, one way or the other. And, if the case doesn’t win in court? Then there is no need to repay pre-settlement funding, no strings attached.

Ectopic Pregnancy Operation Goes Horribly Wrong, Ending With Foot And Below-The-Knee Amputations

November 24, 2014

Stacey Galette, 32, went to the hospital for surgery for an ectopic pregnancy.  She lost a portion of her hearing, had three heart attacks, ended up with a colostomy and had both her legs amputated below the knee. What went wrong?

In an ectopic pregnancy, a fetus begins to develop somewhere in the mother’s body other than the uterus, typically along the fallopian tubes leading from ovary to uterus. A human fetus cannot survive an ectopic pregnancy, and if not removed surgically, the improperly implanted tissue can threaten the mother’s life.

Despite Galette’s post-surgery complaints of fever, an erratic heart rate and severe pain, she was sent home. Three days later, she was admitted to intensive care and remained there for 73 days.

Galette filed a medical negligence lawsuit alleging that her surgeon perforated her intestine, which led to the development of gangrene, infection and blood poisoning, which in turn cost her her limbs and some of her hearing. Her lawsuit further claimed that the hospital’s doctors and staff deviated from the accepted standard of medical care. 

At trial, the named defendants suggested the intestine puncture was the result of a pre-existing bowel condition and that, even if they had perforated it, it was a known risk and therefore not malpractice. They stated the plaintiff was lucky to be alive, thanks to their ability to perform the other surgeries.

But the jury found for the plaintiff and awarded her $62 million: $4 million for medical bills, $20 million for past pain and suffering and $38 million for future pain and care.

Waiting for this case to get to court could have caused Galette some serious financial difficulties. She may have benefited from applying for an emergency lawsuit loan from a litigation funding company. Lawsuit loans are sent to an approved applicant quickly, allowing him or her to take care of all financial obligations, including usual monthly bills.

Pre-settlement funding is not for everyone, but in many cases, it can offer the financial help a plaintiff needs to wait for the resolution of his or her case.

Florida Surgeon Retains License Even After Causing Death, Sparking Eleventh Medical Negligence Lawsuit

November 18, 2014

An emergency appendectomy resulted in Susie Dunphy’s death.
The named defendant in this lawsuit, Dr. Ernest Rehnke, has a long history of medical negligence lawsuits (11 in total) dating from 2000. It is a dubious distinction that ties him for the most lawsuits of any Florida physician. This case was ultimately settled for the maximum his malpractice insurance company would pay for a sole claim, $250,000. Oddly, his license to practice was not restricted or suspended.

In fact, numerous Florida doctors continue to practice even after being sued on multiple occasions. It is surprisingly rare for doctor’s license to be revoked solely on the grounds that he or she provided negligent medical care.

The deceased and the plaintiff in this story were a married couple, both doctors. When they were together with their family on a vacation in 2009, Dr. Susie Dunphy was diagnosed with appendicitis. She underwent emergency surgery. Two days later, she had bled to death.
Upon reading her medical file, her widower, Dr. James Dunphy, discovered that her death could have been prevented. Chart notations indicated that her blood pressure was dangerously low after surgery, but nothing was done to track down the reason for it. Dr. Dunphy filed a wrongful death and medical malpractice lawsuit against the surgeon for failing to adequately monitor his patient after surgery.

In this case, Dr. James Dunphy may have benefited from applying for litigation funding. Pre-settlement funding would carry him and his two children through the toughest financial straits until a settlement or trial was concluded.

A lawsuit loan is used for anything the qualifying plaintiff wishes. However, by the time a litigation funding applicant receives the lawsuit loan, he or she usually opts to pay urgent medical bills and save the rest for other pressing expenses.

Many plaintiffs in difficult financial situations find lawsuit loans an appealing solution. They do not need a credit check, do not pay any fees and are treated with the utmost respect on applying. Should the plaintiff lose the case, the lawsuit loan funds remain vested with him or her, with no strings attached.

Patient with Ankle Fracture Receives Overdose of Pain Medication

June 30, 2014

In January 2013, a North Carolina woman went to the hospital with a fractured ankle, but she left with serious medical problems that resulted from an overdose of pain medication.

Upon her arrival at the hospital, ER doctors gave her pain medications. Suddenly, she became unresponsive and slipped into respiratory distress. It is alleged she was given an overdose of medication.

The woman was rushed to the critical care unit after the attending doctor gave her an injection of a different medication to reverse the effects of the first drug. The second injection did not rectify the situation.

After returning home, the woman and her spouse filed a medical negligence lawsuit seeking compensation for medical malpractice, loss of companionship, hospital bills and court costs.

Medical malpractice lawsuits take a long time to resolve, and they usually involve medical expert witnesses. These witnesses are a necessity, but they can be very expensive to work with. Any family would find it difficult to keep up with all of their bills while attempting to pay new medical bills. One solution might be to apply for a lawsuit loan from a litigation funding company.

Application for pre-settlement funding requires a plaintiff to be working with a lawyer on a case that has a good chance of winning in court. The applicant does not need a credit check and does not need to be working at the time of applying for litigation funding. Once the case has been assessed, funds are wired directly to the plaintiff’s bank account within 24–48-hours. Pre-settlement funding is intended for immediate use to pay medical bills and remain current with other important expenses. However, lawsuit loans are not for everyone, so discuss your needs with a litigation-funding representative.

Faulty Vehicle Ignition Switch Causes Young Mother’s Death

May 20, 2014

General Motors is being sued over faulty ignition switches in several vehicles.

According to the information released when this wrongful death lawsuit was filed, General Motors knew about an issue involving faulty ignition switches in some of its vehicles. Such a switch allegedly caused the death of 32-year-old Aubrey Williams in December 2013. Williams was driving on Alabama Highway 64 when the ignition switch failed. Her Cobalt lost power and veered into the westbound lane, where it collided with an 18-wheeler. Her airbag did not deploy.

Williams’ father filed the wrongful death lawsuit, naming several defendants, including General Motors, the ignition switch manufacturer, the auto dealership where she bought the car and the repair shop where she had her vehicle serviced. 

In light of multiple accidents caused by this defective switch, GM recalled 1.6 million vehicles, indicating that the defective switch could cause sudden loss of steering, braking and engine power. Despite the recall, the U.S. Department of Justice is launching a criminal investigation, and hundreds of Americans are filing lawsuits.

After the accident investigation was concluded, the police allegedly became aware of the recall and the faulty ignition switch. Their accident report was changed to name mechanical failure as the cause of the crash. 

According to the family attorney, GM knew about this issue for more than ten years before taking action. More than 300 deaths may be attributed to this particular switch. Currently, GM has admitted that the switch issue caused 12 of these deaths. In filing a wrongful death lawsuit, the family may be able to send the giant automaker a message. It is unacceptable, egregious and negligent to leave known errors unresolved before marketing their vehicles to an unsuspecting and trusting public. 

This lawsuit is likely to take a long time moving through the courts, and the family may face too many financial issues to cope with their bills. Litigation funding, also referred to as lawsuit loans or pre-settlement funding, would be a strong solution to their economic dilemma.

Plaintiffs with a winnable case may call a lawsuit loan company once they have hired an attorney. They will be asked to outline the case details and wait for approval. Once an applicant is approved, interim litigation funding is sent directly to the applicant’s bank account within 48 hours. Once there, the funds may be used to pay bills, including funeral and burial costs. In this case, Williams left behind two small children. Any monies obtained through a lawsuit loan could also help the family care for them.
Litigation funding is often crucial for cash-poor plaintiffs. Though such funding may not suit everyone, it can help many hang on until a settlement or trial is reached.

Scooter Accident Plaintiffs Can Benefit from Litigation Funding

April 15, 2014

Scooter accidents are often caused by irregularities in roadways, but they may also occur as a result of an automobile. Due to its size, scooter may not be seen in a rear view or side of a vehicle. Driver distractions may also lead to an accident. In any event, scooter accidents can cause life-threatening physical injuries or death that can lead to unforeseeable medical expenses, funeral expenses, loss of wages, pain and suffering, and loss of quality of life.

An elderly man riding an electronic scooter has died after being struck by a vehicle exiting a parking lot. The investigation is ongoing, but police do not believe speed and alcohol were contributing factors.

Although this is a difficult time for the victim’s family, if they believe the accident resulted from driver negligence, the family should consult with an attorney who can help preserve their legal rights and obtain a maximum settlement for their loss. While going through the legal process, if the family experiences financial problems, they should consider litigation funding.

Litigation funding is a no-risk cash advance on the expected proceeds of the case. With a lawsuit cash advance, plaintiffs stay financially afloat during the litigation process so they can fight for all the money they deserve. Qualifying is easy! There is no credit check, no employment verification, and no upfront fees. Once approved, the lawsuit cash advance can be used for anything you need – pay the mortgage or rent, funeral and burial expenses, medical bills, and daily household expenses. Best of all, since litigation funding is NOT a lawsuit loans, there are no monthly payments and repayment is only made after the case settles. If the funded client loses, the repayment is completely waived.

Litigation funding puts cash in your hands when you need it most – to avoid a low settlement offer, home foreclosure, auto repossession, ruined credit, and bankruptcy. If you have a personal injury or wrongful death claim and need money now, we may be able to put money in your hands now so you can pay your bills and other financial obligations. It takes less than five minutes to apply online; we will do the rest.

Carnival Accident Injures Five

January 15, 2014

The favorite carnival ride at the North Carolina State Fair was the one that flipped and twirled — until it critically injured five riders.

Fairgoers were happily roaming the grounds, daring one another to get on various rides. Among them, the “Vortex” was the most popular and the most “thrilling.” Late one evening, as several riders were dismounting with the assistance of a ride attendant, the Vortex started up again. The ride’s safety switch did not engage properly, and five people were injured as the ride began to move.

No one is certain exactly why the carnival ride sprang to life while the riders were dismounting.

Two individuals were seriously injured. Three sustained less serious wounds. The emergency response team arrived quickly and transported all five victims to the nearest medical facility. The injured riders ranged in age from 14 to 39. Eyewitnesses and those hurt expressed gratitude that the ride, at least, had not been upside down or in mid-flip when it malfunctioned.

Word went out that the North Carolina Labor Department would send a team of investigators to determine what went wrong. A malfunctioning or defective safety switch could have been to blame, so the switch was replaced and the ride reopened for business after testing.

Despite the malfunction, fair officials stressed that this incident is an isolated one and that safety is their first concern for patrons.

After such an incident, an investigation should closely examine any suspicion of negligence. If the carnival operator negligently maintained the ride or failed to inspect it (and its safety switch) regularly, the injured parties would have cause to file personal injury lawsuits. If the switch was defective, then the maker of that part of the ride would be named in a possible lawsuit along with the carnival company owners.

The two individuals with serious injuries will face enormous hospital bills. If their injuries alter their normal lifestyles, they may be unable to work, have to revamp their homes or require 24-hour care, medications and therapy. How will they pay their bills?

If they choose to hire a personal injury lawyer, they will be able to apply (online or by phone) to a litigation funding company for a lawsuit cash advance. Plaintiffs in sticky financial situations often struggle to pay their regular and extraordinary bills incurred from circumstances beyond their control. Pre-settlement funding can be a lifesaver.

Applicants for lawsuit loans do not have to have a job, go through any form of credit check, pay anything upfront or make monthly payments.

The injured party simply explains the nature of the case, provides the litigation funding representative with the name of his or her lawyer and waits for the application to be approved. It does not take long. Once approval is received, the lawsuit cash advance is sent directly to the victim’s bank account, to be used as he or she sees fit.

Litigation funding is not for everyone, but it is worth investigating if you face large medical bills you have no hope of paying while you wait for your lawsuit to be resolved.

22-Year-Old Dies at Scene of Rear-End Collision with Logging Truck

December 31, 2013

A young man died on his way to work after an early morning encounter with a logging truck.

Negligence comes in many forms. In this instance, it caused the death of a 22-year-old man one morning in September 2011. Christopher Grouix loved his job as a carpentry apprentice, and every morning, he looked forward to what he would learn that day. But Grouix never made it to work; he rear-ended a John Deere logging truck and was pronounced dead at the scene. His parents chose to sue the truck’s owner and the trucker behind the wheel at the time of the crash. The driver pled guilty to a moving violation and served six months in jail.

At trial, the plaintiff’s wrongful death attorney argued that the young man could not have seen the logging truck because the vehicle did not have the mandatory lights required by law. The defendant’s lawyer argued that the accident was really Grouix’s fault: he was not paying attention to what he was doing, fell asleep at the wheel or was texting or talking on his cell phone.

The defense offered as evidence the fact that the young man had been to a concert the night before and had not arrived home until 1:00 a.m. Moreover, his cell phone was located close to the crash site. The plaintiff’s attorney responded that the young man carried his phone in his pocket and that it had remained there on the drive before the accident.

In the final analysis, the jury awarded Grouix’s parents $1.5 million. The sum included economic damages, including funeral and burial costs, the loss of their son’s income to support the household and $500,000 for pain and suffering.

Families faced with such situations often find themselves scrambling to find the funds for all their necessary expenses and for those incurred as a result of the death of their loved one. It is difficult enough to deal with such a catastrophic loss without trying pay usual living expenses.

Litigation funding may have been a good solution for Grouix’s family. Such funding could have assisted them in paying bills while they mourned and waited for the case to be resolved. A lawsuit cash advance can provide enormous relief for those facing unexpected bills with no way to pay them. These advances allow a family time to heal while they pay the medical expenses and other important bills that must be paid.

Pre-settlement funding is not for everyone, but a lawsuit cash advance can benefit many plaintiffs. It is an option worth exploring. There are no credit checks, no upfront fees or monthly fees and the applicant does not need to be employed. Lawsuit loans often make the difference between a family’s financial struggle and their comfort, offering the funds to handle challenges that appear while their case is making its way through court.

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