Pre-Lawsuit Funding for a Personal Injury Case

March 11, 2009 by sally  
Filed under Home

In many cases, someone who has suffered an injury needs immediate financial recourse.  As lawsuits can take several months – if not many years – to make it through the system, this just isn’t feasible for someone who is facing mounting medical bills and loss of work.  In this case, pre-lawsuit funding may be a possibility.

Pre-lawsuit funding is a form of advance, in which the plaintiff is paid an advance based on what can eventually gained from the settlement.  If no settlement is reached, the plaintiff will owe nothing.  Pre-lawsuit funding works through a specialized loan company that will give money to the plaintiff upfront, either in monthly installments or one flat fee.  It should be no surprise that a loan company entering into a pre-lawsuit funding agreement will want to be certain that a settlement can be reached.  Because of this, the strongest cases can have pre-lawsuit funding attached.

Once a settlement is reached, the plaintiff will pay off the loan and any resulting fees from the final settlement.  As there are fees associated with the loan (as is the case with any loan) the settlement will be lower than the quoted number, but without the initial re-lawsuit funding it is quite possible that the plaintiff would not have been able to stay financially afloat.  Because of this it is a very good option for some litigants, especially those who have a solid case that will result in a settlement above the terms of the initial loan.

Pre-lawsuit funding can be anywhere between $500 and $100,000, so you should look into funding even if you have lesser financial needs, in addition to those who are facing major financial difficulty.

Personal Injury Law – Assault and Battery

March 11, 2009 by sally  
Filed under Home

When people think of personal injury law they normally think of something like a car accident or a faulty products – someone being sued for an accident. Assault and battery may be thought of as a criminal case and not a strict personal injury law case.  Well, personal injury law often crosses over the threshold of mere accident into a criminal proceeding.  Though a car accident may be the result of an illegal maneuver, it’s not the kind of thing that will end up in jail time.  Even a faulty product may not result in more than a fine, unless it is proven that the manufacturer had malicious intent or extreme negligence.  It depends on the nature of the case.

Assault and battery is a different kind of case because it is normally the result of malicious intent.  Some assault and battery cases do no come under personal injury protection – such as sports-related injuries, police assaults with reasonable force, self-defense or defense of others, and other cases where the assault may be justified.

However in all other cases, where there was an assault and battery that led to bodily harm, a personal injury case can be mounted.  As with other personal injury cases, it will be necessary to have medical and police reports filed immediately to have a record of the assault and its effects.  Hiring a personal injury attorney is your best bet in this circumstance, as a personal injury lawyer is best equipped to work within the specific laws that govern assault and battery cases.