thumbnailOn February 27th, 2010, Zachary Duncan lost control of his car and ended up driving off the side of the road, hitting a snow bank and rolling down a hill until his car was stopped by a tree. Zachary was driving the car with a friend when the accident occurred. His friend, who was the passenger in the car, was uninjured while Zachary hit his head on the roof rail and suffered traumatic brain injury leaving him in a coma for a week and in the care of a long-term living facility.
Zachary’s parents took action by suing Hyundai Motor America, stating that the airbags did not open properly and failed to prevent their son’s brain injury. Zachary’s family was awarded $14 million to cover the damages after the plaintiff’s attorney convinced the Pulaski Circuit Court that the air bag sensors on the Hyundai Tiburon models made between 2003 and 2008 were flawed.
This case was a very long and drawn out process for Zachary and his family. Initially, the case ended in mistrial in September 2012, after jurors could not reach a verdict. The retrial began June 17th, 2013. After two weeks of hearing testimony, examining the circumstances of the crash, as well as additional forms of evidence, the jury concluded that Hyundai made a car that was “unreasonably dangerous”.
Auto accidents are all too common. With around 18,000 auto accidents a day in the US, there are many serious cases that can lead to the injured having large medical bills and even long term affects. In some cases, a product defect or even someone else may be responsible for the injury and paying related expenses. The process to receive these funds through a claim or case is not easy and can be lengthy; for Zachary and his family, it took three years. While waiting for a settlement, the injured and their families are still responsible for paying the bills. Pre settlement funding can assist when funds for these bills are not available.

Four years later, Gary Townsend is receiving $1.2 billion after filing for nursing home negligence on behalf of his mother. Gary said that his mom fell repeatedly at the nursing homethumbnail and ultimately died because of her injuries. The incidents were a result of improper supervision at the home. The Christian Post (7/24/13), stated that Gary Townsend’s mother fell 17 times at Auburndale Oaks Healthcare Center, where she died at the age of 69.

Just like Gary, Sandra Ham was awarded $150,000 plus legal fees in a lawsuit after alleged negligence at a nursing home nearly killed her son. World-Herald Bureau (7/25/13) reported that a judge found staff at the Beatrice State Developmental Center failed to prevent her son from pulling out his feeding tube, after they initially inserted it improperly. As a result, food ended up in the patient’s abdominal cavity, causing pain and an infection. Sandra’s son survived, but suffered serious injuries.

For both Gary and Sandra, a lack of proper care severely affected them and their loved ones. Had the nursing homes taken proper care of their patients, these incidents could have been prevented. These are situations that we hope never happen, but when they do, victims may become financially strained due to the additional medical costs. Pre settlement lawsuit funding can provide the money needed to pay bills until a settlement is reached.

largeIn Charleston, WV, Wanda Queen’s lawsuit against C.R Bard Inc. has been settled, (Bloomberg.com 8/21/2013). Wanda accused the pelvic repair products’ manufacturers of inadequate testing, failing to disclose potential risks and fraudulently promoting the mesh as a safe medical device.

In her lawsuit, Wanda Queen said she was implanted with the Avaulta Solo Anterior Synthetic Support System to treat pelvic organ prolapse. As a result, Queen says she experiences mental and physical suffering, permanent injury, physical deformity, and has impaired physical relations with her husband. She has had 6 surgeries and will undergo future surgeries to correct complications that occurred with the Avaulta Solo Anterior Synthetic Support System.

While thousands of surgical mesh lawsuits have been filed nationwide, only one other case has gone to trial. In recent news, a federal jury awarded a Georgia woman $2 million in her lawsuit against C.R. Bard.

As this case demonstrates, product liability lawsuits can be life changing and stressful. Challenges can include the loss of work employment, rising medical bills and lifelong impairments.  No amount of money can change permanent injuries, especially when a surgical mesh lawsuit can be mentally, physically, and emotionally strenuous for the injured individual and their family members. Cash received from pre-settlement funding can relieve the stress and financial burdens that arise while pursuing a lawsuit and settlement is received.

 

Investing in Justice by Max VolskyInvesting in Justice is Max Volsky, author of Investing in Justice, is a pioneer of the legal Finance Industry.

For more than a decade, he has been influential in fostering the development of this market, having overseen more than 10,000 investments in lawsuits.  Max is the founder and Chief Investment Officer of LexStone Capital, which funds commercial claims. He is also a partner at the law firm of Schmidt, Volsky & Perle LLP, where he focuses on international business law and arbitration. right for you. Written by a distinguished expert, Investing in Justice is vital reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having an easy step by step process for understanding this industry.

The pre settlement funding industry is a relatively new industry, having only been in existence for approximately fifteen years. In his book Volsky explains how this growing industry can assist plaintiffs.  Often in many cases or claims, the plaintiffs lack the necessary funds to continue to pursue a fair settlement. The defendants may have vastly superior financial means providing them with an advantage over the plaintiff and the ability to draw the case out. Lawsuits can end up settling for less than what they are worth or even never proceed because the plaintiff financially cannot continue. With the assistance of pre settlement lawsuit funding, plaintiffs are able to gain access to the legal system and pursue their case.

Amusement Park SafetyAmusement park safety is in question after two recent roller coaster accidents involving falls. Both incidents happened within days of each other, one of them being fatal. The question people are asking is: “what more can be done to prevent these injuries?”

The first incident involved a woman at Six Flags, in Arlington, Texas. The woman was on the Texas Giant roller coaster. She fell approximately 75 feet to the ground after she reportedly tried to tell a Six Flags attendant that her lap band did not feel properly secure. The woman died from traumatic injuries sustained during her fall.

The second incident involved a woman in Montana, who was on the Zipper at the Montana State fair. The woman fell approximately 8 to 10 feet and hit her head during the fall. It was not clear how severe her injuries were.

Incident data shows that most restraint failure incidents involve the restraint system opening unexpectedly during the ride, or the rider defeating the restraint system intentionally. There have been suggestions that the most effective way to keep these accidents from occurring would be to have secondary restraints on all rides. These would prevent the rider from falling if the primary restraint failed.

In these types of cases the injured individuals or their family may find themselves involved in a legal claim against the park. While waiting for a legal settlement, they may need quick and easy cash to assist with past due bills. This is an instance where pre settlement lawsuit funding may provide the help needed.

 

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Legal Funds Now would like to welcome you to our new website and blog! For those of you who don’t know us already, we are a pre settlement finance company that services clients nationwide. We have been providing funding for more than a decade, and we have helped thousands of people get their cash fast. We relieve any stress from overwhelming, past due personal bills accumulated while pursuing a legal claim.

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