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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. 

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.”

City Fire Department to Pay $1 Million Settlement in Wrongful Death Lawsuit to Family of Pregnant Woman for Failure of Paramedics to Assess and Transport

October 9, 2020

Paramedics are emergency responders who are educated in advanced emergency medical care. They are responsible for on-the-scene treatment and can administer medicine, interpret electrocardiograms (EKGs), perform a tracheotomy to create new airways, and apply pacemakers to control irregular heartbeats.

Under Michigan law, paramedics must respond to a request to emergency medical assistance. They must also apply life support techniques and treatment. The paramedics are liable for the treatment or lack thereof if their acts or omissions result in gross negligence or willful misconduct. Failure to properly assess and treatment the patient as well as failure to transport patient to the hospital for professional medical assessment are grossly negligent.

On March 14, 2016, Vicki Kitelinger went to Dignity Health hospital because she was had a cough and shortness of breath for a week. At the time, she was 17 weeks pregnant. The doctors found that her heartbeat was much higher than it should be especially during pregnancy. The doctors diagnosed Kitelinger with bronchitis and sent her home from the hospital with an inhaler.

Kitelinger had a family history of blood clots. However, during her medical assessment at Dignity Health the medical staff did not ask her whether she had a family history of blood clots. She also had her own medical history of varicose veins. Soon after returning home from the hospital, Vicki fainted twice. She then told her daughter she could not breathe, and her daughter called 911.

The paramedics arrived to the home shortly after the 911 call in a fire truck. An ambulance for transport never came to the house, and it is unknown if one was ever dispatched. After evaluating Kitelinger, the paramedics said that she was just have a panic attack and did not need further medical treatment. They told Vicki to call her family doctor the next day about her elevated blood pressure. Then, the paramedics left the house.

She went to her family physician the next day, as instructed by the paramedics. Determining that she was severely ill, her doctor had her transported to a nearby hospital. Once evaluated at the hospital, she was moved to the intensive care unit (ICU). In the ICU, her heart failed and her pulse was lost for ten minutes. She and her pregnancy could not be saved. She was removed from life support and died.

Her husband filed a lawsuit against Dignity Health hospital and the paramedics of the Phoenix Fire Department. The lawsuit alleges that Dignity Health failed to properly assessed her symptoms or diagnose her condition. The lawsuit also claims that the paramedics failure to assess and transport Kitelinger gave no chance of survival. While the lawsuit against the hospital is still ongoing, the city agreed to pay a $1 million settlement to Kitelinger’s husband and family regarding the claims against the fire department.

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.

Healthcare Clinic Sued in Several Wrongful Death Lawsuits Over Use of GranuFlo

August 31, 2018

The families of three patients who died of heart attacks in 2013 after dialysis treatments at their health clinic were awarded $383.5 million.

According to the families’ attorneys, the patients were treated with GranuFlo, a drug known to cause a toxic pH balance. The lawsuit alleged fraud and negligence in ignoring significant blood changes when patients returned for dialysis treatments and that the company hid the harmful effects of an acid concentrate used in dialysis. GranuFlo was recalled in 2012 by the USFDA.

Litigation Funding Corporation knows that the process of arriving at a settlement or concluding a jury trial involving a defective drug or medical product lawsuit may take years to settle. Major drug companies are reluctant to offer adequate settlements, and they can afford to take their time with a lawsuit. In the meantime, victims, and their families, of medical malpractice or defective drug may face financial difficulties that could end in foreclosure or bankruptcy. Litigation Funding Corporation can provide a “lawsuit loan” or pre-settlement funding so victims can focus on recovery.

Pre-settlement funding allows plaintiffs instant access to cash with no risk. The online application process is easy and approvals are often made within 24 – 48 hours after Litigation Funding receives relevant case documentation from the plaintiff’s lawyer. There are no upfront fees, no credit checks and employment verification is not required. If the case does not win, repayment of the cash advance is totally forgiven.

Were you seriously injured and now facing a pending lawsuit? Do you feel that lawsuit funding could help you financially? Call Litigation Funding Corporation at 1-866-548-3863. We are ready to assist you with fast and hassle-free lawsuit funding.

Dockworker Dies After Mooring Line Snapped on Cargo Ship

August 17, 2018

A dockworker’s widow filed a wrongful death lawsuit when a mooring line snapped on a cargo ship, killing her husband.

The woman’s husband was killed June 28 when a thick nylon mooring line snapped and recoiled toward him in excess of 450 miles per hour, killing him instantly. A second man died later the same day. The $16 million lawsuit, filed in U.S. District Court in Portland, Oregon names the owner of the vessel and the company that managed and operated the ship as defendants. It is alleged that the ship was repositioned without checking if the crew was in danger and that there were no safe lines provided to shift the ship.

A wrongful death suit can be filed when a loved one is killed due the negligence of another. If there is no life insurance or other funding sources readily available, plaintiffs could be eligible for pre-settlement funding or litigation financing.

The main objective for litigation financing is removing financial pressure to settle too fast and too soon, and to ensure victims of a tragedy receive fair and equitable compensation. Litigation Funding Corporation provides pre-settlement funding or a lawsuit loan based only on the merits of the case at hand.

The application process is simple and once an application has been approved, the pre-settlement funding can be available within 24 – 48 hours. Once a signed contract is received, funds can be sent either by check or wire. Plaintiffs can use the money immediately to pay medical bills, funeral expenses, and their usual monthly financial obligations. Should the case be lost, clients do not repay the cash advance.

Litigation funding is also available for many other types of lawsuits, such as product liability and auto accident cases. 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. We look forward to helping you obtain justice.

Widow Alleges Husband’s Death Due to Negligence

July 31, 2018

An Illinois widow is suing two machine-manufacturing companies for alleged liability and negligence in her husband’s death on a construction site.

According to the complaint filed, the plaintiff alleges her husband was thrown from a paver and crushed as it ran over him. The widow alleges that the defendants are responsible for failing to provide acceptable safeguards to prevent the death. She is seeking compensation for his wrongful death and the loss of companionship and services of a father and husband.

In filing this lawsuit, it is likely the family will face serious financial hardship due to the death of their primary breadwinner. In addition to bills and expenses resulting from the accident, they may be faced with mounting household expenses. To help them financially during the litigation process, the family could seek a lawsuit cash advance, known as pre-settlement litigation funding.

Pre-settlement funding, or a lawsuit loan, helps qualified plaintiffs deal with the cost of everyday necessities, such as transportation, rent, food, medical expenses, and funeral and burial costs. It is not like a traditional bank loan because a plaintiff’s personal credit has no bearing on funding approval; cases are funded solely on their strength. There are no upfront fees or monthly payments.

Litigation funding is non-recourse, meaning a plaintiff is only responsible for repaying the funding if, and when, they win the lawsuit. At that time, the funds come directly out of the proceeds of a case. Any obligation to repay the lawsuit loan is totally excused if the case fails. .

For further information or to see if your case qualifies for litigation funding, call Litigation Funding Corporation at 1-866-548-3863.

Trip and Fall Accident Kills 82-Year-Old Woman

July 17, 2018

An elderly Texas woman fell on an uneven sidewalk, causing her break her neck.

Two weeks prior to the 82-year-old woman dying on October 19, 2016, she was walking on the sidewalk outside a local restaurant when she tripped and fell face-first. As a result, she broke her neck, and sustained partial paralysis and other serious injuries, which required extensive surgery.

The woman’s family filed a wrongful death lawsuit alleging the restaurant was negligent in failing to maintain its premises and warn customers of an allegedly dangerous uneven sidewalk. The complaint states that the woman’s injuries ultimately contributed to her death.

The wrongful death lawsuit may take several years to reach a resolution – in an out of court settlement or possible jury verdict. Should there be no other financial help available for the family, the plaintiffs may wish to consider applying for litigation funding.

Litigation funding, also referred to as a “lawsuit loan,” assists financially struggling plaintiffs with paying medical bills, utility bills, rent or mortgage, and funeral and burial costs. Pre-settlement funding also allows their attorney time to build a case.

Getting a lawsuit loan approved is not based on the plaintiffs’ financial situation but rather the merits of the case. Applying for litigation funding is an easy process via phone or an online application. Once funds are approved, the cash can be received within 24 – 48 hours. Litigation Funding Corporation does not require you to repay the loan unless the case is settled or won.

For further information or to see if your case qualifies for litigation funding, call Litigation Funding Corporation at 1-866-548-3863.

Elderly Wisconsin Assisted Living Resident Dies of Hypothermia Outside of Facility

June 29, 2018

The grieving family of an 84-year-old Wisconsin woman who died outside of her assisted living center has filed a wrongful death lawsuit.

The elderly woman, who had a history of wandering, left the residence in the early morning hours without her walker, clothed only in pajamas and socks. Responding investigative personnel said she likely died as a result of hypothermia. The woman had walked across a parking lot covered in snow, tripped on the curb and fell, eventually succumbing to the sub-freezing temperatures that night.

According to the family, the staff at the center regularly braced the front door open in order to disarm the second alarm door. It was suspected that the senior went through that door and no one noticed. On the night that she left the building, evening staff noted in her file that the woman had been trying to escape all night. The resident was in her room at 4:00 a.m. but was noted missing by 8:00 a.m.

When a family member in care dies unexpectedly, there are a significant amount of unexpected expenses — past medical bills, funeral and burial expenses. An insurance company knows families are vulnerable and they will often take advantage of that fact by making a low settlement offer. Victims should never take any deal from an insurance company unless they have consulted with a wrongful death attorney.

A wrongful death lawyer helps victims obtain just compensation. However, this can take several months to years. When the victim or the victim’s family faces financial hardship, obtaining pre-settlement litigation funding can help. A “lawsuit loan” offers plaintiffs a cash advance to help them pay the necessary bills while their legal claim is pending. Litigation funding has many benefits compared to a traditional bank loan.

Unlike a traditional loan, litigation funding does not require any payment until a settlement is reached. If plaintiffs do not recover damages, the lawsuit loan does not need to be repaid. Furthermore, the plaintiffs do not need to be employed or have good credit to obtain litigation funding. The strength of the case, and the likelihood of its success, is the only concern of the funding company when assessing a case for a lawsuit cash advance.

If you are a plaintiff in a pending lawsuit, do not let financial distress force you to settle for less than you deserve. The application takes less than five minutes to complete. If the case is approved for funding, the money will usually arrive within 24 – 48 hours.

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