February 9, 2010
Are You Considering Either A Lawsuit Loan Or Lawsuit Funding And Wondering How Much You Will Receive? (Part I)
Frequently, applicants seeking either a lawsuit loan or lawsuit funding make it quite clear that they have no idea what their claim is worth. This is truly one of the advantages of seeking settlement loans because experienced underwriters will be carefully scrutinizing your case and will provide a real-world perspective of both its merits and potential value.
It is significant to keep in mind that each claim must rest on its own merits. Much of the inherent value of the claim may be perceived only by the plaintiff. Unfortunately, if the plaintiff is unable to convey those truly meritorious aspects to others, the value of the claim will not be enhanced if only the plaintiff is aware of them. When pre-settlement loans are obtained, experienced individuals will be reviewing the cases in their entirety. Many of the individuals reviewing such claims will have had an opportunity to review many times more cases than any single attorney will have an opportunity to prosecute throughout his/her entire career.
It is wise to be judicious in assessing your claim’s true value when seeking either a lawsuit loan or lawsuit funding. Those who seek settlement loans far in excess of their claims’ true value typically receive little if any assistance from litigation funding experts. Keep in mind that pre-settlement loans are non-recourse (viz., if you lose your case you pay nothing). Therefore, experienced underwriters will review every reasonable facet of your case.
One of the factors that will play a significant role in assessing the value of your claim is the classification of that claim. Personal injury claims involving automobile accidents often involve readily discoverable facts such as applicable insurance coverage, liability issues, etc. More complex cases (e.g., patent infringement) may involve factors that require multiple depositions, intensive document acquisition and review, etc. prior to forming any opinion as to the essential merits of the case. As one might expect, requests for obtaining either a lawsuit loan or lawsuit funding are customarily granted more quickly in personal injury claims involving automobile accidents than are those involving patent infringement cases.
Never allow the complexity of your case to keep you from attempting to obtain pre-settlement loans. Complexity may imply a greater inherent-value and may increase the likelihood of obtaining a sizeable settlement loan. It will certainly be advantageous to work closely with your litigation funding expert to obtain requisite documentation as quickly as possible.
In our next article, we will provide additional information designed to assist plaintiffs in obtaining either a lawsuit loan or lawsuit funding as quickly and easily as possible. Remember, don’t quit merely because the justice you seek is expensive.
Looking for more information about lawsuit funding? Please allow us to provide more information regarding lawsuit settlement loans. Please stop by today, and you may either apply online for a lawsuit settlement loan or review our lawsuit funding frequently asked questions archive.
Filed under Loans by Dr. Tom Rhudy
November 23, 2009
If You Have Been Injured As A Result Of Medical Malpractice, Will You Be Eligible For A Lawsuit Loan? (Part 1)
Medical malpractice is responsible for many injuries sustained each year. Additionally, many deaths are attributed medical malpractice annually. These cases are often very expensive to bring against the providers and/or institutions responsible for the malpractice. Therefore, it is necessary, in many instances, to obtain a lawsuit loan to allow the plaintiff to successfully bring such an action.
It is often thought that most medical providers carry malpractice insurance. In fact, many states require physicians and/or surgeons to carry medical malpractice insurance. Unfortunately, many physicians and/or surgeons refuse to carry such insurance, thinking that, in many cases, they will be shielded from having to deal with medical malpractice.
The statute-of-limitations is relatively short in most states for medical malpractice cases. Many reasons are behind the legislation that requires that these claims be brought in a relatively short period of time. However, irrespective of those reasons, it will be necessary for you to work quickly to establish your claim and to obtain requisite information to assist your attorney in bringing such an action. You may anticipate a great deal of resistance in obtaining much of the information that you need from the facility at which the malpractice occurred. (In bringing such an action, it is prudent to retain an attorney who specializes in this area.)
If you intend to file a medical malpractice claim, this is not the time to retain a general-practice attorney. There many nuances involved in the medical malpractice claim, and it is important that you have an attorney who understands that system. Additionally, the records are often quite complex. It is customarily necessary to retain a medical expert who specializes in the specific area out of which the medical malpractice occurred to adequately establish the negligence and to submit your claim to the court.
Simply sustaining an injury as a result of medical procedures is not sufficient to justify bringing a medical malpractice claim. It is essential that you be able to demonstrate that the injury arose as a direct result of the physician’s and/or surgeon’s negligence. To make this determination, it will be necessary to retain a medical expert. To retain a medical expert, it will be necessary, in most instances, to pay that medical expert a retainer-fee. Thus, a lawsuit loan is often beneficial in this aspect of your case.
Another reason that it is necessary for you to retain an attorney who has experience in the area of medical malpractice is the fact that the medical records are intended for their physicians, not lay individuals, to interpret. (The records will ultimately need to be interpreted by an expert in the particular area out of which the malpractice occurred.)
In Part II, we will identify specific elements that must be addressed when pursuing a medical malpractice claim. We’ll also discuss critical elements that will be required to assist you in obtaining that much-needed lawsuit loan to permit you to pursue your claim against the provider.
Are you confused about obtaining a lawsuit loan? Please stop by our site to find out all about the benefits of obtaining lawsuit loans and what they can do for you.
Filed under Loans by Dr. Tom Rhudy
The Qui Tam Information Center identifies qui tam is a provision of the Federal Civil False Claims Act (1863) that permits private citizens to file a lawsuit on behalf of the United States government. The claims allege fraud by government contractors and/or others who have either received government funds were engaged in abuse of government funds. The act allows private citizens to share in the amount recovered.
In Law, the term qui tam connotes whistleblower protection laws. Such protection is provided to individuals who notify the government of their suspicions that entities have engaged in fraud and/or abuse. The etymology of the term is a Latin expression, viz., “qui tam pro domino rege quam pro se ipse.” The phrase actually means “he who sues the king as for himself.”
In many instances, these claims arise when employees report fraud and/or abuse in which their employers have engaged. The False Claims Act (1863, revised’86), is the federal law out of which whistleblower protection emerged. The Act was intended to combat fraud during the Civil War, at a time during which suppliers often attempted to cheat the federal government. The government derives sufficient benefit from it these actions to justify sharing a percentage of either of monies recovered or damages identify in exposing such fraud.
These suits are generally filed by private citizens, acting on behalf of the government’s interest, in an attempt to prevent abuse. A settlement loan may be required to assist the individual bringing such an action with expenses incurred during the process of the litigation.
Individuals who bring such suits are also called relators. When such cases are filed, the relator need not have been personally harmed by the defendant’s conduct. Additionally, the False Claims Act allows the relator to recover 15-30% of any settlement amount. Furthermore, the statute provides for payment of attorney’s fees. (Attorneys are required to bring such lawsuits, due to the fact that these cases are brought on behalf of the government and may only be prosecuted by an attorney.)
By providing private citizens both the knowledge and resources needed to combat such egregious acts, the act can be a very active tool. It is an unfortunate reality, however, that individuals who are sufficiently courageous to bring such actions are often subjected to a great deal of persecution in the workplace. It is important to realize that such individuals should be commended for their willingness to speak out against such fraud and abuse, and admired for taking actions that many citizens simply would not.
These actions are unique, in that the government may elect to pursue an action against these entities on its own. If so, the individual who initially brings the action to the government’s attention, would serve as an aid to the government in its prosecution, but would not bear the legal expenses incurred with bringing such an action. If this situation occurs, a lawsuit loan would not be required, due to the fact that the government is prosecuting the case.
Significantly, if the government chooses not to prosecute the case, the relator may still be able to pursue a civil claim against the abusers. In such situations, the lawsuit loan is often required to enable the individual to continue in the prosecution against the entity against which they claim is brought.
Additionally, it is important to bear in mind that many expenses may also arise when such claims are filed. Although the whistle-blower does have protection under the law from wrongful termination, etc., in many of these situations the pursuit of such actions drastically drains plaintiffs of resources.
Congress enacted this law in order to effectively identify and prosecute government waste and abuse, and to address issues related to fraudulent activity in which government-related entities may be involved. The issue of whether a lawsuit loan would be required in such instances involves an investigation of myriad factors. While awaiting the government’s decision and action, the individual filing such a claim continues to have expenses, not to mention impediments that often occur with employment.
It is true that under the Act, whistleblowers do receive protection from wrongful termination. Additionally, the Act provides that an employee wrongfully terminated for filing such a claim must be reinstated with seniority, double back pay, interest on back pay, compensation for discriminatory treatment, and reasonable legal expenses. However, the delay between the date on which wrongful termination occurred and the date on which reinstatement is achieved, may result in devastating financial consequences for the relator. A lawsuit loan is often very helpful during this interval.
To bar reprisals against those who expose government fraud and abuse, Congress adopted this legislation in’78. Unfortunately, due to the widespread harassment and wrongful termination of employees who reported such fraud and abuse against their employers, it was necessary for Congress to strengthen its position to protect whistleblowers in’89. Following the enhanced protection, many states have adopted specific employment laws addressing the issue of discrimination against such employees.
As the legal expenses continue to roll in, you may find it necessary to obtain a lawsuit loan to provide necessary financial-relief. Ensure that you do your homework and find settlement funding designed to meet your needs.
Are you confused about obtaining a lawsuit loan? Please stop by our site where you can find out all about the benefits of obtaining lawsuit loans and what they can do for you.
Filed under Loans by Dr. Tom Rhudy
If you’re interested in providing some tips to the abuser on how to avoid in gauging in such conduct, you may wish to share some of the following with them: (1) don’t treat individuals in the manner you think they want to be treated, treat them in the manner they wish to be treated; (2) determine whether there is equal participation with respect to both the initiation and interaction between you and the other individual; and (3) never invade the other individual’s space without first obtaining permission.
It is also important that you avoid standing too closely to employees, as well as engaging in inappropriate touching of those employees without first obtaining their permission. Many individuals will be offended if you do so without first obtaining their permission. In most instances, such conduct would not be deemed appropriate unless you and the other individual had already established a close friendship. Such activities may, and often do, serve as grounds for litigation against the employer. They are also likely to serve as a basis to allow the offended employee to qualify for a lawsuit loan to pursue such an action against the employer.
One must realize that relationships often change over time. It should be borne in mind that simply because behavior was appropriate/acceptable in the past, this does not mean that such conduct would be appropriate at the current time. When relationships change, boundaries also change. If you do not know whether such activity would be deemed appropriate by that employee, you’re always advised to obtain that employees permission prior to engaging in such activity.
If individuals in managerial positions wish to play-it-safe, they are advised to limit their compliments to employees’ performance in the workplace, not on their personal appearance. Additionally, in most cases it is not appropriate to comment on other employees’ attire. Because of the doctrine known as “respondeat superior,” the employer becomes, in many instances, responsible for its employees’ conduct.
You may find a lawsuit loan is just what you need to assist you in pursuing litigation against an employer to bring cessation to such inappropriate conduct in the workplace.
Learn more about obtaining a lawsuit loan. Stop by our site where you can find out all about the benefits of obtaining lawsuit loans and what they can do for you.
Filed under Loans by Dr. Tom Rhudy
Were you aware of the fact that each year, 40,000 Americans lose their lives in car accidents? Review also aware of the fact that insurance carriers fight claimants tooth-and-nail to avoid paying claims to those who have been involved in car accidents. It is this scenario that creates the need to obtain a lawsuit loan in many such instances.
Yes, heavy traffic often does serve as the cause of car accidents. Collisions with commercial vehicles (e.g., tractor-trailers) also frequently occur.
Car accidents are by far the most common source of personal injury lawsuits. Therefore, these cases are ideal for those who seek a lawsuit loan.
Car accidents can result in many types of injuries. Such injuries include broken bones, neck and back injuries, soft tissue damage (e.g., muscles, ligaments, tendons), whiplash, and brain injuries.
Due to the increased dependency on cars for transportation, you’re very likely to be involved in at least one car accident in your lifetime. Car accidents are very stressful situations and need to be handled with both discretion and care for, among other reasons, liability and peace-of-mind purposes.
Of this you may be assured, the insurance carrier will devote untold resources to defend its insured. The insurance carrier is not going to pay your claim without a fight, in almost all instances. It is extremely important that you retain legal counsel as quickly as possible following the car accident.
Your ability to obtain a lawsuit loan will depend, in large part, to your ability to control communications with the insurance company.
It is an unfortunate fact that, prior to retaining an attorney, individuals frequently agreed to meet with an insurance adjuster, and provide statements under oath. Unbeknownst to the claimant, the insurance adjuster is amassing evidence against that claimant to mitigate liability and to find any and all reasons not to pay your claim.
If you want to put the odds in your favor, it is important for you to remain, after car accident. It is beneficial for you take into consideration just what may happen if you are involved in a car accident. This allows you to plan ahead. When you do plan ahead, it is more likely that you will be cognizant of rights and obligations that occur at the time of a car accident. It is vital that you recall that, irrespective of all be as damaging/injuries at the scene, you must notify the police. Failure to obtain a police report militates against the likelihood of either you or your attorney being able to clearly establish liability.
If you’ve been involved in a car accident, a lawsuit loan is very likely to be an instrument that will allow you to survive the months ahead in attempting to collect on your claim.
Learn more about lawsuit loans. Stop by Dr. Tom Rhudy’s site where you can find out all about the benefits of obtaining a lawsuit loan and what it can do for you.
Filed under Loans by Dr. Tom Rhudy







