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Litigation Funding Blog

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.

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.

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.

Fatal Highway Crash Ends in 1.1 Million Dollar Settlement

May 31, 2018

A pickup truck was rear-ended by an SUV, causing the truck to hit a guardrail and flip over on a Connecticut highway.

The 42-year-old victim’s family filed a wrongful death lawsuit in connection with the 2016 fatal accident. Police said the female driver of the SUV was high on cocaine and heroin. The woman died of a drug overdose the night before her trial.

Subsequently, a $1.1 million settlement was agreed upon with the insurer of the non-profit group that owned the SVU. The director of the organization had loaned the SUV to the female driver.

Families that file wrongful death lawsuits are likely facing financial difficulties to pay funeral and burial expenses. If they need a source of funding to help them carry on with their lives until a settlement or trial, a lawsuit cash advance is a solution.

A lawsuit cash advance is available to a qualified plaintiff to help pay attorney fees, pressing bills and expenses related to the accident. This kind of funding is also referred to as litigation funding or a “lawsuit loan.”

Applying for litigation funding is easy and can be done online or by calling Litigation Funding Corporation at 1.866.LIT.FUND. The only requirement is having attorney representation and a case with merit. The lawsuit cash advance can be made available within 24 to 48 hours of being approved.

Cyclist Dies After Crashing Into Steel Crowd Control Barriers

October 17, 2017

The family of a cyclist who died after crashing into steel crowd barriers during the Tour of Kansas City Criterium race, filed a wrongful death claim in Jackson County Circuit Court.

The 29-year-old cyclist from the St. Louis area slammed into steel crowd-control barriers that were allegedly not secured properly. The force of the impact knocked the first barrier back and the bike rider was ejected head-first, hitting the exposed edge of the next barrier. He sustained a fatal traumatic head injury.

The lawsuit alleges the organizers of the race exhibited a reckless and disregard for the safety of the racers and that the barriers separating the racers from spectators were not properly secured, exposing “the blunt, unprotected end of one of the metal safety barriers.”

Additionally, it is further alleged that the organizers of the race did not provide on-site emergency medical services.

The defendants named in the lawsuit include the race director, the national organization that sanctioned the race and the company that provided the steel barriers for the race. The cyclist’s family launched the wrongful death lawsuit in order to help protect other cyclists in future races. The lawsuit does not seek a specific amount in monetary damages.

In cases like this one, the first step for victims is to seek legal advice from an experienced attorney. Once a lawsuit is filed, reaching a settlement could take months or years. If the injured victim is struggling financially, a “lawsuit loan” may be the perfect answer. While a “lawsuit loan” is not for everyone it can be the difference between settling too soon for too little and waiting for just compensation.

A “lawsuit loan” or pre-settlement funding also referred to as a non-recourse cash advance, is approved based on the merits of the case. Factors like credit standing and employment status are not relevant.
Funds approved for a qualified plaintiff may be used for whatever the plaintiff chooses, but the lawsuit loan is usually for paying necessary and immediate expenses. If the case is won in court or there is an out-of-court settlement, the loan is paid back. Should the plaintiff lose the case, repayment of the pre-settlement funding is waived.

Filing a wrongful death lawsuit is a way to obtain compensation for lost wages, medical expenses, and pain and suffering. It is also a way to hold someone responsible for negligence.

Malpractice Lawsuits Filed Against Midwife with a 30-Year History of Complaints

July 31, 2017

When serious injury or death results from medical negligence, compensation may be available to help ease the family’s financial burdens, but a medical malpractice lawsuit will take time. For most plaintiffs, a lengthy litigation process brings significant stress and financial concerns, including how to pay household expenses, medical expenses and more.

In 2014, an expectant mother sought out a midwife to oversee her pregnancy and deliver her baby. There was only one midwife in the area that would do home births. She was a licensed practical nurse, had 34 years of practice, and delivered more than 4,000 babies. Despite that experience, something went wrong for this mother-to-be.

A week shy of full-term, the woman passed several fist-sized blood clots. The midwife told her the discharges were normal and there was nothing to worry about, according to a wrongful death lawsuit filed against the midwife. After four more calls to the midwife, the pregnant woman was seen. While under the care of the midwife, the woman continued to bleed and her contractions worsened. By the time the midwife checked the baby’s heart rate, it was no longer detectable. The baby was stillborn.

Sadly, this mother may not have been aware that the midwife has been subject to at least 22 complaints over the course of her career, and the health department determined all but three of them were serious enough to warrant investigation. Two other cases led to lawsuits; one is currently under appeal. Yet, despite her track record, this midwife continues to practice and the state Department of Health couldn’t answer why she has not been barred from delivering children.

The defendant is denying the allegations.

For those that are in a pending lawsuit, they may wish to seek financial assistance through litigation funding.
Although it is often called a “lawsuit loan”, litigation funding is not like a typical bank loan. It is a lawsuit cash advance provided solely on the strength of the case, and does not require a credit check, employment verification, or monthly payments. Additionally, a lawsuit cash advance is only repaid once the case successfully settles. If the plaintiff loses the case, repayment is completely waived.

Litigation Funding Corporation makes the application and approval process quick and easy. We often provide the necessary funds within 24 – 48 hours. To apply, learn more, or request a free, no-obligation consultation, contact us online or toll-free at 248-702-6022.

Worker Death at Deadly Detroit-Area Steel Plant under Investigation

June 7, 2017

A 32-year-old fell to his death May 22 while working at a Michigan steel mill. He was employed by an industrial construction contracting firm that provides various services. It is not clear if the fall happened as a result of a crane collapse. It was the fourth death at the plant in less than four years. The company has eliminated a quarter of its salaried employees and slashed thousands of jobs in Michigan, Pennsylvania, Indiana, Illinois and Alabama.

Although very little has been disclosed about the accident, authorities have said the man fell 20 feet and that city police and fire services were not called because the company has its own emergency response personnel. The State of Michigan’s Occupational Safety and Health Administration (MIOSHA) would only say that an investigation is ongoing and will take several weeks or months to complete.

Workers say the steel company has implemented deep cost-cutting measures that have undermined basic safety. They face grueling work schedules, including seven-day workweeks. The mills are dangerously understaffed; the company has eliminated a quarter of its salaried employees and slashed thousands of jobs in Michigan, Pennsylvania, Indiana, Illinois and Alabama. Overworked electrical and mechanical maintenance crews are too hurried to take precautionary steps that were once standard.

When a worker is killed in an accident, the worker’s estate has the option of filing a wrongful death lawsuit against the employer and any third party responsible. The estate of the deceased must prove: (1) the employer had a duty to its employees and any foreseeable worker on the premise to provide a safe work environment; (2) the employer breached that duty by (for example) failing to routinely inspect the premises or by failing to install proper safety measures; (3) as a result of the breach, the worker suffered an injury; and (4) as a result of the injury, the worker died.

Unfortunately, a wrongful death claim in this tragic accident 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.

When securing litigation funding, a plaintiff’s desperation for cash is relieved and his/her experienced attorney has the time necessary to obtain full and fair compensation.

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.

If you or someone you love has been injured in a steel mill or other work-related accident, your employer may be liable for your injuries. Contact an experienced attorney to discuss your potential claim. If you are currently in the litigation process for a wrongful death lawsuit and need immediate financial assistance due to medical expenses, loss of wages, funeral & burial expenses, mortgage/rent, and living expenses, contact Litigation Funding Corporation. We provide cost-free, no-obligation consultations. And, remember — we don’t collect a dime unless your case is settled or won. Call us today at 248-702-6022.

Crash with CTA Bus Leaves Four Dead; Alcohol a Possible Cause

May 15, 2017

Four people died as a result of a collision between a vehicle and a Chicago Transit Authority (CTA) bus.

Police said the 27-year-old driver of a Buick LeSabre was speeding when he lost control and hit a parked car before slamming into the bus head-on and catching on fire. The four people in the sedan were extracted and taken area hospitals where they were pronounced dead. One passenger leaves behind three young children; her pregnant sister, who was also a passenger, leaves behind two kids. The bus driver and four passengers on the bus were treated for non-life-threatening injuries. Alcohol was found in the LeSabre. The crash remains under investigation.

When an auto accident is the result of someone else’s negligence, you may be able to recover compensation for injuries or loss from the at-fault driver. However, what happens if the negligent person dies in the accident?

The fact that the negligent driver dies in a car accident does not necessarily mean that the victims can no longer bring a personal injury or wrongful death claim. A claim can still be made with the negligent person’s insurance carrier. If the claim cannot settle through negotiations with the insurance company, then a lawsuit can be filed against the deceased driver’s estate.

Even if negligence is clear and obvious, pursuing a lawsuit against someone’s estate can be complicated and time consuming because of the procedural requirements involved. It is even more complicated when there is no estate established yet. In either situation, an experience auto accident attorney in crucial in order to protect one’s rights.

Often times, the lengthy legal process will hinder victims from paying the bills associated with the crash; it may even be a struggle to pay ordinary living expenses. Those searching for financial assistance, should not only consider litigation funding, but should call the experts at Litigation Funding Corporation.

Litigation funding is an emergency lawsuit cash advance provided to cash-strapped plaintiffs in a pending legal claim. Victims are eligible for funding once they have attorney representation.

The process begins by completing a one-page application upon which time Litigation Funding Corporation will contact the plaintiff’s attorney for case documentation. There are no credit checks, no employment verification, and no upfront fees because funding is based solely on case strength. If a case is approved for funding, we will direct deposit or wire transfer the money in less than 48 hours. Repayment is made once the case successfully settles; if the plaintiff loses, repayment is completely waived.

Dealing with a loss is never easy, but fatal auto accidents can be especially devastating. As you struggle to figure out how your family will move forward, you don’t have to struggle financially.

If you have been injured or lost a loved one due to a drunk driver, are in a pending lawsuit, and facing serious financial challenges while waiting for a settlement, litigation funding may be a viable option. Contact Litigation Funding Corporation to see if we can help ease your financial burden and give your attorney the time needed to obtain full value in your case.

Two Spectators Killed after ATV Competition Accident in Alabama

April 28, 2017

Those who host a public event need to understand that they have the responsibility for the safety of their guests. If careless, negligent and reckless acts of the defendant results in an injury or death of a guest, the victim has the right to be compensated for under a personal injury or wrongful death lawsuit.

Two spectators died after an ATV accident at an off-highway vehicle park event in Bremen Alabama.
A 34-year-old male died and the scene and a 22-year-old female was pronounced dead at the hospital after being struck by an ATV that flipped, according to reports. Three other people suffered injuries.

While no other specific details about the accident have been confirmed, witnesses at the scene said that the ATV was in a competition at the park when it ascended a hill before the drive lost control and flipped into spectators.
An investigation is under way.

When someone has been seriously injured or lost a loved one in an ATV accident, they may have the right to seek compensation for their injuries or loss. A lawsuit could potentially lay out a litany of issues including improper placement of spectators, a poorly designed “track”, a defective ATV, and/or an inexperienced driver. While Lawsuit Financial cannot provide legal consultation for ATV accidents, once a lawsuit has been filed by an experienced attorney, we can assist plaintiffs in securing lawsuit funding until the case settles.

Lawsuit funding is a transaction where a plaintiff sells a portion of the proceeds of the settlement in exchange for immediate cash. The advance can be used anyway the client wishes, but it meant to cover mortgage payments, car payments, funeral and burial expenses, medical expenses, and ongoing daily living expenses. This is a non-recourse cash advance, meaning that it is only repaid when the case successfully settles. If the case fails, the plaintiff keeps the money, free of charge.

A lawsuit cash advance is a perfect solution for plaintiffs who are unable to secure a traditional bank loan, obtain funds from relatives, or have salable assets. These legal finance transactions are based on the strength of the case; credit and employment status do not matter. Our online application takes less than 5 minutes to complete. Funding can often be available in less than 48 hours after receipt of a completed application.

If you are experiencing financial hardship as a result of an ATV accident, don’t let the financial stress of pursuing compensation through the legal system force you to accept an early settlement offer. A lawsuit cash advance from Litigation Funding Corporation may give you the financial staying power to endure the legal process and obtain a larger award.

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