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Litigation Funding Blog

Company Fined after Worker Crushed to Death by 3,000-pound Concrete Form

February 28, 2017

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthy workplaces for their employees. Unfortunately, many employers’ shortcut OSHA standards exposing employees to significant increased risk of harm and workplace injury.

A 47-year-old man was killed in an industrial accident on August 22, 2016 while working at a concrete plant in Lake Hallie, Wisconsin.

According to a report by the Chippewa County Sheriff’s Department, the man was pinned beneath a piece of heavy industrial equipment because some safety measures weren’t followed. The report states that the 3,000-pound concrete form was hoisted four to six feet in the air before it came loose and fell on the worker. The hoist had two hooks – main and secondary. “It is believed that a secondary hook was not fully hooked,” according to the report. “This hook also did not have a safety latch which may have been a contributing factor.” The worker died instantly, suffering massive trauma to his head, chest and abdomen.

Occupational Safety and Health Administration (OSHA) recently issued two citations to the Wisconsin company, which has 15 days to pay the $135,804 fine, enter into talks with OSHA, or contest them to the Occupational Safety and Health Review Commission.

In addition to the fines, the company could face a civil lawsuit.

A wrongful death suit can be filed when a loved one is killed due the negligence of another party. Unfortunately, such claims could take years to wind through the legal process, leaving family members to bear the financial burden until a settlement is reached. When there is little or no life insurance, savings, or other funding sources, plaintiffs may be eligible for litigation funding.

At Litigation Funding Corporation, we evaluate case success and potential case value to determine if we can provide a plaintiff with a lawsuit cash advance. The primary objective in strategic litigation financing is to remove financial pressure to settle early and cheap, and to assure that the victims of a tragedy like this receive the compensation they deserve.

Litigation funding is based solely on the merits of the case; credit rating or job status does not matter. The application process is simple and if approved, the lawsuit cash advance can be available within 24 – 48 hours. Upon approval and a signed contract, the funds can be sent within 24 – 48 hours either by wire or by check. The money can be used immediately pay medical bills, funeral expenses, or any other costs associated with the accident and/or to deal with monthly financial obligations. The best part of a lawsuit cash advance is that it’s 100% risk-free. If the case is lost, our clients are under no obligation to repay the cash advance.

Litigation Funding Corporation has underwritten hundreds of these transactions and represented thousands more. Litigation funding is also available for auto accident cases, premises liability cases, medical malpractice cases, product liability case, airplane crash and train crash cases, and others. If you are in a pending personal injury or wrongful death lawsuit and need financial assistance, call 1-866-548-3863 to discuss your funding needs or to begin your lawsuit cash advance funding immediately. We look forward to helping you obtain justice.

Wrongful Death Lawsuit Filed in Electrocution Case

December 12, 2016

A widow of an electrocuted welder filed a wrongful death lawsuit, on the second-year anniversary of death.

A 33-year-old welder was unexpectedly electrocuted while he was on-the-job at a recycling center in October 2014. He was assisting several other workers in replacing the metal roof of an electrical transformer substation. The man’s widow filed a wrongful death lawsuit naming 24 defendants.

The lawsuit seeks compensation for pain and suffering sustained by the man prior to his death and compensation for his family and next of kin who suffered financial and emotional damages as a result of his sudden death. It is further alleged that the man believed the electrical line, which caused his death, had been de-energized. In addition the tool used to test for a live line was roughly 15 years old and should have been taken out of service after two years as required.

The Occupational Safety and Health Administration (OHSA) investigated the welder’s death and the company he worked for was cited for nine alleged safety violations that contributed to his death. Eight violations were rated as serious and one categorized as a repeated offense. The company was hit was a penalty of $115,000 subsequently negotiated down to $63,250. There were also three other serious violations for failing to train electrical workers in safe workplace practices.

The widow would face a difficult time and the case may take a number of months or perhaps years to reach a settlement or go to trial. It is likely going to be difficult paying the rent or mortgage and there is very little money left over after paying for funeral and burial expenses. Plaintiffs may be worried about how they are going to find the money to make ends meet?

A lawsuit cash advance, may be the right option for cash strapped plaintiffs. Pre-settlement funding can be arranged from anywhere in the United States by calling Litigation Funding Corporation’s toll free number – 1-866-LITFUND (548-3863). Write out a list of questions before calling about a lawsuit cash advance.

There are a number of other terms for a lawsuit cash advance, such as lawsuit loan, pre-settlement funding, legal funding and case financing. A lawsuit loan is emergency funding that helps a plaintiff get back on their feet financially and pay all of their bills and monthly financial obligations.

It might be the solution for any financial problems resulting out of a pending personal injury case.

Wrongful Death Lawsuit Reveals Worker Partially Scalped, Asphyxiated

September 15, 2016

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

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

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

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

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

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

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

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

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

Horrific Work Accident Kills Plant Cleaner

June 11, 2013

A worker died at plant cited for safety violations.

This is a baffling wrongful death case, in which a 41-year-old man fell to his death while cleaning a running meat blender.

The equipment had an emergency switch; a co-worker rushed to turn the machine off, but the accident proved fatal. The autopsy indicated he died of blunt-force trauma and chopping wounds.

The Interstate Meat Distributors plant in Oregon had, just prior to this man’s death, been cited for serious safety violations relating to some of the equipment in the plant. The Occupational Safety and Health Administration (OSHA) indicated that safety at Interstate Meat was lax.

As a result of this fatal accident, the OSHA launched an investigation into the overall operation of the plant and the circumstances surrounding the worker’s wrongful death. OSHA officials suggested to the media that until the investigation was completed, they did not know for sure if there was a direct link between safety violations and the man’s death.

Plant management offered to fully cooperate with all investigations while continuing to operate the business. The results of any inquiries into the death will not bring the man back, and his family may wish to file a wrongful death lawsuit. On the face of the evidence relating to the lack of proper safety procedures, a wrongful death attorney could take the matter to settlement or court.

In the meantime, the family faces financial needs relating to their loved one’s sudden death. The best solution for them to pay all the bills would be to apply for litigation funding. It is easily applied for by going online or calling a lawsuit loan company.

Pre-settlement funding is a cash advance given to approved plaintiffs before their case is settled or goes to court. They may do what they wish with the money, but are encouraged to pay their bills and all expenses relating to a funeral and burial for their loved one. The remainder of the lawsuit loan can stay tucked in the bank while the plaintiffs take time to heal while waiting for justice.

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