1.866.LIT.FUND
We make the impossible possible.

Litigation Funding Blog

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.

Parents of 14-month-old girl settles wrongful death and medical malpractice lawsuit against health clinic for $750,000

October 23, 2020

Many children develop common childhood illnesses throughout their childhoods. Often the illnesses have minor effects on children health, and they recover quickly. Such illnesses include, bronchitis, sore throat, ear pain, common cold, and cough. Another disease common in children is croup, which is a respiratory illness. It causes a change in a child’s breathing due to swelling in the upper airways. A child with croup may have a cough that resembles barking and an associated raspy and hoarse voice. While some children may have mild symptoms, others may have croup for than three to five days or the mild symptoms worsen. In rare cases, croup may lead to respiratory failure and death.

In January 2016, a 14-month-old girl named Annabelle died after receiving treatment for croup at Cherry Street Services Inc., which was a federally qualified health center. Shelby Dorey, the Annabelle’s mother, allegedly took her daughter to the center with an over 103-degree fever, bad cough, loud breathing, and fatigue. She has signs of respiratory distress. At the health center, Annabelle was in the care of Physician Assistant Marguerite Sowers. The physician assistant (PA) reportedly diagnosed the child with croup and determined that she was not in acute distress. The PA noted that she found a regular heart rate. She then gave the mother a steroid medication prescription and told the mother to call if her daughter’s symptoms worsened.

Dorey states that several hours later while at home, her daughter stopped breathing and went limp. Annabelle’s parents performed CPR and called 911. When EMS arrived, they revived her and rushed her to the hospital. The 14-month-old was placed on a machine to breathe for her, however, she suffered severe brain damage and died five days later.

Annabelle’s parents filed a wrongful death and medical malpractice lawsuit, which claimed that the physician assistant failed to provided needed care. The lawsuit also claimed that in not immediately sending the child to the emergency department but rather telling the mother to take her home, the physician assistant denied care. The defense’s position was that it was more likely than not that further testing or sending Anabelle to the emergency room would not have changed the outcome. Although the defense denied the little girl received inappropriate care, they settled the lawsuit for $750,000.

In wrongful death cases, the family may have to spend a lot of money to pay for the funeral and burial costs. Although they may have a case against the party that caused the death of their loved one, they may not have the funds to obtain an attorney. However, it is best to retain a lawyer to handle the lawsuit. Lawsuits are time-consuming and overwhelming legal process. Lawsuits are also very costly and require paying for court costs, filing fees, and document production fees. Litigation funding can help to defray such costs and fees.

Litigation funding, also known as legal financing and third-party litigation funding, is financing from a third party to pay legal costs and fees. Legal financing has several benefits, such as:

  • Provides a financial ease and help for personal expenses
  • Provides the ability to obtain legal representation based on talent and not just cost
  • Allows attorneys to represent clients who otherwise could not avoid their costs and fees
  • Provides funding for all litigation fees

Another benefit of litigation funding is that the party who receives the financing does not have to reimburse the lender out of his own pocket. Daren Monroe of Litigation Funding Corporation, Michigan advises, “Litigation financing offers the attorney and the client the opportunity to remove the ability to pay as a factor for providing and obtaining legal representation.” He continues, “The attorney and the client are able to focus solely on the litigation knowing that litigation financing is covering the costs and fees.”

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.

Jury Awards Plaintiff Over $2 Million From Auto Accident

August 15, 2019

A jury recently awarded a woman $2.3 million as compensation for injuries sustained from a three-vehicle auto accident.

The woman was waiting at a traffic light when the defendant, in this case, failed to stop and rear-ended another vehicle. That vehicle slammed into the woman’s car. As a result, she sustained a concussion and injuries to her neck, back, and shoulder. The woman was required to undergo multiple pain management procedures, as well as two neck surgeries and spinal infusion surgery.

It took four years to obtain justice in a lawsuit that resulted from a preventable auto accident. The woman’s medical bills were quite extensive and added to ordinary household expenses, may have been difficult to pay.

At Litigation Funding Corporation, we believe that no one should have to struggle financially in the interim period between an injury and settlement. We help plaintiffs under financial duress with a no-risk lawsuit cash advance, known as litigation funding.

Our four-step process is simple and designed to put cash in your hands within 24 – 48 hours. There are no upfront fees, no credit checks, no employment verifications, and no monthly payments. Funding is based solely on the strength of the case, with repayment once the case successfully settles. If the case is lost, the repayment is completely waived.

If you’re experiencing court delays, stalling tactics from an insurance company, and mounting bills give us a call or complete our one-page application online. Once we receive your application and supporting case documentation from your attorney, Litigation Funding Corporation can determine if the case has merit for a lawsuit cash advance. If approved, the funds can be available within 1-2 days of signing a contract. The money can be used right away for whatever the plaintiff wishes although it is recommended to pay living expenses like mortgage, rent, utilities, car payments, food, or to assist with outstanding medical bills.

So, before you consider accepting a low offer from the insurance company, you owe it to yourself to contact the lawsuit funding experts. The call is free; the advice is priceless.

Wrongful Death Lawsuit Targets Convenience Store In Drunk Driver Crash

November 8, 2018

With fatal auto accidents, lawsuits are often filed against a negligent driver, but in certain cases, local businesses can also be held liable. For example, a bar can be sued for a wrongful death caused by a drunk driver if there is evidence that the bar illegally served alcohol to the driver prior to the crash. This is called a dram shop claim.

The parents of two 16-year-old girls who were killed in a drunk driving crash have filed wrongful death lawsuits against the teen driver and the store clerk accused of selling him alcohol. The lawsuits allege that had the store clerk not sold alcohol to a minor, this senseless tragedy would have been avoided.

According to investigators, the 17-year-old driver bought four bottles of Mad-Dog 20/20 at a convenience store a few hours before the fatal crash. The clerk failed to check for valid identification before selling him the alcohol. After downing an entire bottle, the teen got behind the wheel. Unable to stay in a single lane, the driver went up on the median and crashed into a tree at high speed. Both passengers sustained fatal injuries.
The driver was charged with two counts of intoxication manslaughter. The store clerk has been arrested and charged with a misdemeanor for selling alcohol to a minor.

Finding the right attorney in cases like this is the first step in seeking justice. However, it is often a long fight as the defense will usually deny, delay, and defend the case for months, if not years. For plaintiffs who feel they cannot financially wait to seek justice, litigation funding can help. Not only can his legal financing help cover medical expenses, funeral, and burial expenses, or simply pay the monthly household bills but it can also give the plaintiff’s attorney much needed time to strengthen the case to obtain the compensation justly deserved.

Since lawsuit funding is based on the merit of the case, credit and employment are irrelevant. There are no upfront fees or monthly payments, and the cash advance is only repaid if, and when the case successfully settles. It is easy to apply for a lawsuit cash advance either online or by phone. If approved, funds can be available in as little as 24 hours.

If you have been in a drunk driving auto accident and experiencing financial hardship, don’t let the insurance company victimize you again by forcing you to accept a low offer. Call Litigation Funding Corporation to get the “staying power” advantage to pursue your lawsuit with confidence and fight for the compensation you deserve.

Texas Nursing Home Resident Allegedly Beaten by Nursing Assistant

October 31, 2018

The family of a nursing home resident planned to celebrate their father’s 84th birthday, but when they arrived at the facility they found him beaten and bruised. Although staff said the cause was an incident with the man’s roommate, police believe the resident may have been beaten by a nursing assistant.

According to an investigation earlier this year by Texas Health and Human Services, 12 violations were cited at the nursing home — seven were “life safety violations,” and five were health violations where inspectors stated, “the facility did not protect each resident from all abuse, physical punishment, and being separated from others.” Several violations have allegedly yet to be remedied. The facility was also cited because it “failed to have written rules against mistreating, neglecting, and abusing residents, and mishandling residents’ property.”

The family may wish to seek compensation for their father’s injuries by filing a personal injury lawsuit. However, they may find that they are unable to cope financially while waiting out the litigation process against high-powered defendants. In that case, litigation funding may be a good option.

Litigation funding is a lawsuit cash advance for life needs when plaintiffs may not be able to find money elsewhere, such as family or friends or a traditional bank loan. It can mean the difference between paying the rent or facing eviction. A lawsuit cash advance can also level the playing field until justice is served.

A seriously injured plaintiff who has hired an attorney, and has a strong case with merit is eligible for litigation funding. Applying for a cash advance against a future settlement is fast and easy. There is no cost to apply and no up-front or out-of-pocket expenses. Litigation Funding Corporation will work with your attorney to review your case and reach a funding decision in less than 48 hours.

Pre-settlement funding, or a lawsuit loan, is a non-recourse cash advance tied to the personal injury claim. Repayment is only due once the case successfully settles. The attorney handles the repayment through the case proceeds. If there is no recovery, repayment of the lawsuit loan is completely waived, making it a virtually risk-free cash advance for the plaintiff.

If you have a personal injury case and questions regarding pre-settlement funding, call Litigation Funding Corporation, toll-free at 1-866-548-3863.

Wrongful Death Lawsuit Filed Against Drug Manufacturer

September 28, 2018

A wrongful death lawsuit has been filed against the makers of Prilosec, a proton pump inhibitor, in the death of a Texas man.

This case is one of 4,600 proton pump inhibitor lawsuits pending in the District of New Jersey alleging that the drug manufacturers concealed damaging side effects, including: end stage renal disease, acute kidney injury, chronic kidney disease and acute interstitial nephritis.

According to the complaint, the man used Prilosec for 22 years, from 1994 to 2016. The suit alleges that the long-term use of the drug resulted in end stage renal disease and subsequent death. The wife of the deceased man is seeking damages for fraudulent concealment, breach of warranty, strict product liability, failure to warn, negligent misrepresentation, design defect, fraud and fraudulent misrepresentation, negligence and negligence per se, as well as loss of consortium and wrongful death.

The plaintiff claims that the drug companies knew that long-term use of proton pump inhibitors could harm the kidneys and that such harm would have been averted had the manufacturers warned physicians and patients of the risks. Long-term use of proton pump inhibitors has also been linked to an increased risk for heart attacks, low magnesium levels, B12 deficiency, bone fractures and dementia.

Litigation Funding Corporation understands that the litigation process from a defective drug lawsuit can take years to settle, as it is very difficult to compete with a major pharmaceutical company that has all the time and money to wait. Victims often face financial hardship, leaving them at risk for bankruptcy or foreclosure.

However, with pre-settlement lawsuit funding, plaintiffs do not have to suffer financially. Lawsuit funding gives plaintiffs instant access to cash with no risk. We offer an easy online application with approvals often made within 24 – 48 hours of receiving pertinent case documentation from the plaintiff’s attorney. There are no credit checks, employment verification, or upfront fees of any kind. Funded plaintiffs only repay the cash advance once the case successfully settles. If the case is lost, the repayment obligation is completely waived.

If you have been injured or lost a loved one due to a defective drug and have a pending lawsuit with attorney representation, you are pre-qualified for litigation funding or a “lawsuit loan.” Call Litigation Funding Corporation to learn more and see if a lawsuit loan is best for your case.

Litigation Funding