We make the impossible possible.

Litigation Funding Blog

Sisters Killed in Car Accident While Traveling for a Family Vacation

November 16, 2021

On June 20, 2021, two sisters died in a car accident while heading to Northern Michigan. The girls were traveling for a family vacation. The 22-year-old and 16-year-old sisters were in the same vehicle while their father drove in a separate car.

The car driven by the two sisters was struck by another car heading in the opposite direction. The woman in the other vehicle tried to avoid a crash and ran off the road and into oncoming traffic. 

Emergency responders pronounced the sisters dead at the accident scene. The driver that hit the sisters’ vehicle also went to the hospital for injuries sustained in the accident. The medical facility airlifted her to another hospital because she had life-threatening injuries.

When a loved one is the victim of a fatal car accident, the at-fault driver is liable for the collision and damages that arise. The surviving family members can bring a wrongful death lawsuit to seek compensation for financial losses, such as funeral and burial expenses and medical bills. They may also recover for noneconomic damages, including loss of companionship and emotional distress.

Throughout the case, litigation expenses arise and can be costly. Legal action can create a financial strain, and the family may need to find a way to cover the costs. Litigation funding is an ideal option to help pay the expenses.

Legal funding is a service in which a third-party financing company loans money to a borrower to pay for litigation or personal expenses throughout the lawsuit. Unlike traditional loans, borrowers do not have to repay the legal financing out of their own pockets. Repayment of the loan comes from the money the borrower receives from the lawsuit. Therefore, the third party that provides the funding only gets the loan returned if the borrower wins or settles the case.

Learn more about litigation funding by visiting https://www.litigationfundingcorp.com.

Jury Awards 6-Year-Old $40 Million for Birth Injuries that Left Her Paralyzed

October 19, 2021

On the evening of March 2, 2011, a 34-year-old woman arrived at the hospital over 34 weeks pregnant with twins. The hospital induced her labor. The next afternoon, the attending physician determined that the mother was ready to give birth.

During the delivery, one twin suffered a spinal injury that caused her paralysis from the mid-chest downward. She had damages to her spinal cord and several torn nerve roots. The injuries left her unable to stand on her own, and now she has to use a wheelchair. 

The little girl’s parents filed a lawsuit on her behalf in 2013 against the doctor, hospital and health system. The parents’ medical malpractice claim alleges that the mother was supposed to deliver via cesarean section and that one of the babies was in the feet-first position, which is highly risky for a vaginal delivery.

According to the suit, a loud popping sound occurred when delivering the baby’s head. The memo stated that the sound was the spinal cord breaking. Also, the torn root nerves resulted in damage to her right arm.

The lawsuit went to trial in January 2018. The jury ruled in favor of the parents and their daughter. They awarded the now six-year-old girl over $40 million for her injuries and damages, and $ 10 million is for pain and suffering.

The remaining $30 million is for her future care based on the determination that she will need physical and occupational therapy for the rest of her life. She will also need extensive hours of daily personal care, assistance with medical care visits, medication and the finances to cover the medical expenses.

When medical malpractice occurs, the parents may file a lawsuit on their child’s behalf against the doctor, hospital and any other negligent party.  

Medical care must continue while waiting for the conclusion of the case. The child’s parents may not be able to afford healthcare costs and a lawsuit. In such a situation, litigation funding may be the ideal option to cover the expenses.

Litigation finance or litigation funding occurs when a third-party lender provides money to the person bringing the lawsuit to fund the case. The borrower uses the money to cover the litigation costs, such as attorney’s fees and court costs. The financing from legal funding can also cover the plaintiff’s personal expenses. 

In return for the financing, the third-party lender receives a portion of the plaintiff’s award when they win or settle the lawsuit. If the case does not resolve in the borrower’s favor, the litigation financer does not recover its funding. The risk of repayment lies with the lender.

Eighteen-Year-Old Woman Dies After Suffering Cardiac Arrest and Brain Injury During Plastic Surgery

September 3, 2021

On August 1, 2019, an 18-year-old female went to a plastic surgery facility to get breast implants. During the procedure, the woman went into cardiac arrest. The facility rushed her to a hospital where doctors diagnosed her with a brain injury that resulted from a prolonged cardiac arrest. She was left incapacitated. In October 2019, she died from pneumonia.

The woman’s parents filed a wrongful death lawsuit against the plastic surgeon, the nurse anesthetist and the registered nurse. The lawsuit alleged the nurse anesthetist left the patient alone for 15 minutes after administering the anesthesia. A different nurse entered the room and found the young lady in cardiac arrest. The case claims that the victim went into cardiac arrest twice, and medical staff resuscitated her both times. For nearly six hours, the plastic surgeon allegedly told his team not to call 911. Eventually, the team called to have the teenager transported to a hospital.

Due to her cardiac arrest and resulting brain injury, the patient could not walk, talk or feed herself. She required medical and personal care 24 hours a day. The parents of the teen filed a lawsuit approximately two months after the injury; however, they changed the case to wrongful death when their daughter died. The parents reached a $2 million settlement with the doctor and nurse anesthetist – each is liable for $1 million.

In Michigan, a wrongful death lawsuit arises when a person dies from a negligent act or failure to act. The personal representative of the deceased’s estate brings the case on behalf of the persons designated by state law to receive compensation. The party must file the wrongful death lawsuit within three years from the date of the victim’s death or forever lose the right to bring the legal claim. As the plaintiff filing the lawsuit, the personal representative must pay court costs and other fees throughout the case. At the same time, are financial obligations outside of the suit, such as funeral and burial fees and the deceased’s outstanding bills. Litigation funding is an ideal option for financing during the lawsuit.  

Also known as legal financing, it is the service of borrowing money from a third-party financing company to cover expenses throughout the lawsuit. The funding company may directly pay the funds to the laws firm to cover attorney’s fees and other lawsuit expenses. The borrower may also receive the money to pay for personal expenses.

The borrower receives the money and agrees to repay the lender from the money won or settled in the lawsuit. The agreement places the risk of repayment on the third-party financier. If the borrower loses the case, the lender does not get the return of its money.

The process to apply is simple too. A quick application and submission of a few supporting documents by an attorney is all that is needed for a decision. Once approved, cash can be received in as few as 24 hours. Contact Litigation Funding Corporation online for more information and the link to apply or call 1.866.LIT.FUND

Failure to Diagnose by Two Physicians Results in Man’s Death

July 21, 2021

A 63-year-old man died as a result of a severe infection that two physicians failed to diagnose.

The man’s family chose to file a medical malpractice lawsuit, alleging medical negligence. The lawsuit resulted in a jury award of over $4 million.

Court documents showed the man was admitted to the hospital in severe pain. After getting blood tests, two doctors examined him, but neither of the doctors spoke to each other to compare findings and discuss diagnostic possibilities.

The doctors suspected pancreatitis; however, no tests were done to confirm. The patent ended up having sepsis. Thirty-six hours later, the man died. The case ultimately went to the Supreme Court, and the jury found both physicians and the hospital responsible for the man’s death.

Despite the short period of time the man was in the hospital, his family would have faced significant medical bills, including tests, examinations, the cost of the room and any medications. They would also face funeral and burial expenses.

The family may have been interested in applying for a lawsuit loan from a litigation funding company to help them deal with their financial strain. Pre-settlement funding is emergency fast cash allowing plaintiffs the security of having funds on hand to pay all of their necessary bills, including mortgage, school loans, rent and car payments.

Life does not come to a complete stop because you are involved in a lawsuit, and it certainly does not wait for the lawsuit to pay off. Litigation funding provides the cash needed right away 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 anything. 

Qualification for the loan is based solely on the strength of the case, and no payments need to be made before an award is given to the plaintiff.

To learn more, visit Litigation Funding Corporation online at https://www.litigationfundingcorp.com/.

Attorneys Seek Over $9 Million from Hospital and Staff Members in Lawsuit for the Wrongful Death of a Mother of Two

May 25, 2021

On March 15, 2017, Maria G. Handley arrived at the emergency room with a very high fever, increase heart rate, low blood pressure; symptoms that are clear signs of an infection. She had an x-ray taken of her chest. The image showed an indication of pneumonia in the upper lobe of her right lung. The hospital later discharged Handley and sent her home with an antibiotic. The evening following her release from the hospital, Maria collapsed in her bathroom at home. Her son’s father took her back to Physician Healthcare Network hospital, which diagnosed her with septic shock. The hospital then transported her by helicopter to Henry Ford Hospital on the afternoon of March 17, 2017. Unfortunately, Ms. Handley died the morning of March 16, 2017, from pneumonia complications.

Attorneys for the estate of Maria G. Handley filed a lawsuit in St. Clair County Circuit Court against the Physician Healthcare Network hospital, the treating doctor, and a physician assistant. The complaint alleges that the negligence of the hospital and its staff contributed to Maria’s death. Her attorney alleges negligence in the failure of performing a complete blood count to determine the degree of Handley’s infection and which bacteria caused it. The lawsuit also alleges the failure to review the patient’s medical history that showed a recent pneumonia diagnosis and compromised immune system from a 2006 removal of her spleen. The attorneys sued for $812,500, the medical malpractice limit in Michigan, and more than nine million dollars for economic damages.

When a person dies due to a wrongful act, neglect, or fault of another person, the personal representative of the deceased victim’s estate may file a wrongful death lawsuit to recover damages. They may seek economic damages such as medical bills, lost wages, loss of future earnings, and burial costs. The case may also ask for noneconomic damages including, pain and suffering, mental anguish, loss of consortium, and loss of companionship. However, a party may hesitate to file the wrongful death lawsuit because the costs and fees associated with legal cases are too high. Litigation funding can help the person pursue the legal claim by removing the financial barriers and burdens.

Litigation funding is third-party financing to cover the legal costs and fees of a person’s lawsuit. The money is a conditional loan that helps pay for the attorneys’ fees, courts, and sometimes personal expenses during the case. Although the borrower uses the money to obtain legal representation, the attorney does not work for the legal funding company. The lawyer has an attorney-client relationship only with the borrower. The lender does not control the case or the legal services. If the client wins or settles the lawsuit, the third-party financer gets the loaned money back out of the judgment or settlement. Regardless of the case’s outcome, the borrower does not carry the risk of repaying the loan out-of-pocket.

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

April 23, 2021

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.

Son and estate of police detective killed in a motor vehicle accident receives a $14 million settlement

February 26, 2021

On December 24, 2018, Louisville Metro Police Detective Deidre Mengedoht was killed in a car accident after a semi-truck crashed into her police vehicle. The officer was conducting a traffic stop when the crash occurred. The semi-truck also injured people in the pickup truck that was pulled over. 

Roger Burdette, the truck driver, was a Metropolitan Sewer District (MSD) employee. At the time of the accident, he was in the course of his employment. MSD fired Burdette after the crash. 

Burdette was criminally charged with murder, four counts of wanton endangerment, driving under the influence of drugs or alcohol, and failing to give the right of way to a stopped emergency vehicle. Toxicology reports showed that the semi-truck driver had hydrocodone in his system at the time of the accident.

Two legal claims were filed. One lawsuit was submitted on behalf of the officer’s estate. The other lawsuit was brought on behalf of the detective’s son. The suits were filed against the semi-truck driver and his employer, Burdette and MSD, respectively. 

Burdette was accused of negligence and MSD of failure to employ, supervise and train Burdette properly.

The case went to mediation, and the parties settled for $13.65 million. The estate was awarded $10 million. The detective’s son, who was nine years old at the time of the crash, was awarded $3.65 million.  

The four individuals in the pickup truck also filed a separate lawsuit for their injuries and emotional trauma.

Wrongful death lawsuits arise when a person dies due to another person’s wrongful act or negligent act. In Michigan, a personal representative brings the lawsuit in the name of the estate of the person who died from the accident. The lawsuit can seek to recover compensation for economic and non-economic damages.

Non-economic losses include pain and suffering, emotional distress, and loss of consortium. The economic losses include medical expenses and care, burial costs, and loss of future earnings.

Wrongful death lawsuits cost money to begin the litigation. As the lawsuit progresses, additional fees and costs arise. Additionally, lawsuits are time-consuming and complex; therefore, it is best to hire an attorney to handle the case. However, attorney’s fees and costs can also add to the financial weight of litigation. Although a lawsuit may be costly, a person should not forego legal action when their legal injury caused them to suffer financial and emotional damages. Litigation funding may be the solution to the financial hurdle of a lawsuit.

Legal funding provides monetary assistance to a third party to pay for a lawsuit’s fees and costs. The financing helps a plaintiff hire legal representation based on skill and experience without settling for an attorney based on the costs. Although the third-party financing company pays the money for the litigation, it does not control the lawsuit. The client still decides the direction of the case. 

Also, the attorney does not work for the financer; they work for the client. Because of attorney-client privilege, communications remain private, and the legal funding company does not have the right privileged information.

“Another benefit of litigation financing is that the client does not pay back the loan out-of-pocket. The loan company only gets money back if the borrower wins or settles the case,” says Daren Monroe. The loan’s risk rests with the funding company, which provides financial relief to the plaintiff.

To learn more, visit https://www.litigationfundingcorp.com/.

Parents of Man Hit and Killed by Bus Awarded Jury Verdict of $20 Million

February 2, 2021

On June 29, 2017, 25-year-old Hunter Brown was traveling on a Greyhound Bus Lines bus from Seattle, Washington to California. During the ride, the bus driver stopped at a rest stop in Center Point, Oregon. While attempting to get back on the bus, Brown was run over by the bus and killed.

Brown’s parents filed a lawsuit against Greyhound Bus Lines. The lawsuit alleged the driver failed to count his passengers before leaving the rest stop. As a result, he left Brown behind. Passengers stated that when Brown fell, he was running alongside the bus and knocking on the bus door. After falling, the driver made a turn and roller over Brown. During the trial, a bus industry expert testified that the accident and resulting death could have been prevented if the driver took a headcount of the passengers.

The jury found Greyhound Bus Lines negligent in Brown’s death. The verdict in favor of his parents was $20 million in damages. The jury verdict stated that had the driver followed company policies, the accident may have been avoided. 

Wrongful death occurs when a person dies due to the wrongful act, neglect or fault of another party. A lawsuit for the injuries and resulting death can be filed on behalf of the deceased person’s estate. Michigan law also lists the persons that may be entitled to damages from the wrongful act and death. The individuals include the deceased’s spouse, children, parents and siblings. The lawsuit may seek damages for economic and noneconomic losses.

Economic losses include losses with a set monetary amount. They include medical expenses, medical care, lost wages and burial costs. Noneconomic losses suffered in a wrongful death action do not have set numerical values. Noneconomic losses include pain and suffering, mental anguish, mental distress, loss of companionship, loss of consortium, and loss of parental care.

Although a person may have a wrongful death action, they may not be able to pay for a lawsuit. The costs of starting a lawsuit accrue quickly. Even if a person decides to file the lawsuit without an attorney, they will still have to pay the court fees and other costs. Litigation funding provides financial ease.

Litigation funding or legal funding provides third-party financing to a person or party who pays for litigation costs. This funding allows the borrower to have some financial relief. The third-party financing company absorbs the risk of lending the money because the money is returned if the borrower wins or settles the lawsuit. Additionally, the borrower always retains control of their suit. The lender is only the financer; it does not control the case or the attorney. 

Proposed Settlements Reached In Wrongful Death Lawsuits That Arose From the Intentional Killing of Patients At A Hospital By A Former Nursing Assistant

December 29, 2020

The Veterans Health Administration (VHA) is one of the largest health care system in the world. It provides training for most of the United States’ medical, nursing and allied health professionals. The VHA consists of over 1,200 health care facilities – medical centers and outpatient sites – that serve over nine million enrolled veterans each year. The VHA services include surgery, mental health, pharmacy, radiology, physical therapy, dental, and vision care.

Like civilian hospitals, the VA hospitals located within each state and territory have medical professionals to carry out the health care services and needs of the veteran-patients. Such job titles include doctors, pharmacists, nurses, and nursing assistants. Each medical professional plays a pivotal role in the care of the patients at the VA hospital.

In the United States, there are over 1.5 million certified nursing assistants. Commonly referred to as CNAs, they work under the supervision of a nurses. Their help patients with tasks that are physical, complex, and vital to proper medical care, such as:

  • Bathing patients
  • Turning or moving patients
  • Grooming patients (ex. brushing their teeth and hair)
  • Feeding patients
  • Wound care
  • Checking vital signa (ex. blood pressure, heart rate)

State laws set forth the legal duties that CNAs have to their patients. They must perform their work duties at the accepted standard of care in their industry and as required by law. Failure of a CNA to meet the legal duties and standards of care may result in her being held liable for injuries or other harm caused to the patients.

Reta Mays, a former hospital nursing assistant at the Louis A. Johnson VA Medical Center in West Virginia admitted to intentionally killing seven patients with fatal doses of insulin. In July 2020, she pleaded guilty to giving the patients wrongful insulin injections. At her plea hearing, she admitted to committing these killings while working the overnight shifts at the hospital between 2017 and 2018. However, she did not give the authorities a satisfactory reason for what her motivation and purpose were behind her actions.

The families of the veterans who died at the hands of Mays filed lawsuits against the hospital. The federal court filings stated that the VA and the VA hospital were negligent as to the murders because they happened under their watch. The hospital and the family members reached proposed settlements ranging in the amount from $700,000 to $975,000 for deaths of respective victims.

The unexpected death of a loved one brings an overwhelming flood of emotions. In addition to the sorrow and grief, many things must be done to prepare for the funeral and burial of the deceased. When a loved one who is intentionally killed by another person, the situation is intensified with anger and the strong need to get justice. The surviving family members may seek to file a lawsuit against all at-fault parties who contributed to the death of their loved one. However, expenses are involved in the funeral and burial process as well as filing a lawsuit. At the same time, normal financial obligation – bills, food, gas – still must be paid. While the financial preparation may have been set in the instance of the person dying, the surviving family may not have the extra money available to cover the costs associated with a lawsuit.

Rather than foregoing the lawsuit, the surviving family members may seek litigation funding to cover legal expenses. Also known as litigation financing, it is a financial option for people who want to seek legal compensation but do not have the funds to do so. A third-party financing company gives the money to pay for the legal fees. The money is an investment rather than a loan because the financing company may not get back the money. “The person receiving the financing only pays the money back to the financing company if he or she wins or settles the lawsuit,” Daren Monroe of Litigation Funding Corporation, Michigan.

Litigation Funding for Nursing Home Abuse Lawsuits

November 5, 2020

Typically, when people think of nursing homes they think of elderly people. People of all ages may reside in nursing homes. Such facilities provide health and personal care services. In the United States, approximately 1.5 million people live in nursing homes. Each patient or resident be treated with consideration, respect and dignity. However, some nursing home workers abuse or neglect their patients. The vulnerable residence endure physical, emotional, and even medical damage from the abuse or neglect.

Nursing home patients may sue the facilities for the harm they receive from the employees; abuse. However, lawsuits can be expensive. Legal costs add up over the course of a lawsuit. In the meantime, the plaintiff must continue to pay for his other financial obligations. Litigation funding helps to cover your legal costs throughout the case. If you need legal financing, contact Litigation Funding Corporation today at (248) 702-6022 to find out how they can help you.

Nursing Home Abuse

Nursing home abuse is can be a form of elder abuse. The abuse is a harm to the elder’s health or welfare by another person. Michigan law requires that a nursing home patient or resident be free from mental and physical abuse. The Michigan Depart of Health and Human Services provides adult protective services to help protect elders, including ones in nursing homes from abuse

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.

Nursing Home Abuse Settlement or Trial Win and Paying Back Litigation Funding

A nursing home abuse action is an action claiming negligence by the facility. In a negligence action, the plaintiff must prove that the facility had a duty him as a patient or resident and that the nursing home failed to meet. The resident have suffered physical and emotional injuries and have damages that the seek compensation recovery. The damages may include:

  • Medical bills
  • Pain and suffering deceased suffered during conscious times between injury and death
  • Loss of financial support
  • Loss of consortium

The damages are factors in settlement discussion and offers between parties. They may also contribute to the amount of damages decided in the verdict of a trial. If your lawsuit results in a settlement agreement or your win at trial, the legal financing company takes the amount or percentage of your legal award based on the contract between you and the company.

Hiring a Litigation Funding Company

If your loved died because of the fault of another person, business, or organization, you may need financial assistance to help cover the costs of filing a wrongful death 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.

Litigation Funding