Personal Injury Lawsuit Loans and Pre Settlement Funding
Pre Settlement Funding on Personal Injury and Wrongful Death Litigation
Personal Injury Lawsuit Funding
It’s a painful, unnecessary tragedy; one that affects millions of people each year.
Lawsuit Loans: A Lifeline Born of Necessity
After an accident, work incident or any other litigation-worthy life disruption, a person’s income very often declines because they can’t go back to work, or it stops altogether because they lost their job. Expenses always seem to go up – sometimes drastically – and yet somehow, as if by magic, you’re expected to pay all the extra medical expenses and supplies, prescriptions, visits to doctors, chiropractors and specialists and all the co-pays that go along with them, not to mention all the gas and travel that’s required to get you there, plus maintain your finances and just keep on paying your bills on time like nothing ever happened.
Reality is a little bit different though. If you’re like most people, you started to fall behind almost immediately and you’ve already spent whatever savings you had just trying to be responsible, do the right thing and keep your bills current. Now you’re out of money, out of time and out of options; your credit score is in the toilet, your credit cards are maxed out, banks won’t talk to you, you couldn’t borrow another dime if your life depended on it, your creditors are threatening you, bill collectors are your new worst enemy and you don’t even answer the phone anymore if you don’t recognize the number.
You might even be struggling to pay your rent or mortgage, keep the water and electric turned on and keep food on the table. Worst case scenario, you’re facing an eviction, car repossession or home foreclosure or you’ve had to forgo critical medical treatments because you don’t have health insurance.
And through it all, the other guy’s insurance company has been low-balling you right from the start and has been dragging their feet at every turn and all your attorney ever seems to tell you is “be patient”, “hang in there”, “these things take time”, “only a few more months”, and you’ve started wondering if you’re EVER going to get the money you deserve so you can finally start putting your life back together.
Lawsuit Loans 101: Pre Settlement Funding Can Help
If you’ve been seriously injured, are currently involved in a drawn-out legal fight, have retained a contingent-fee attorney, have strong liability against a sufficiently insured defendant and you’re in a financial bind because it’s taking forever to settle your case but you could really use some of your future settlement money now, we can help you.
TriMark Legal Funding LLC, The Settlement Funding Company, provides fast, affordable, non-recourse lawsuit cash advances from $500 to $500,000+ on hundreds of different types of personal injury, civil rights and employment claims, often in as little as 12-24 hours, with no credit check, no up-front fees and no hassles. Best of all, you only repay the cash advance if you win your case.
Give us a call at 1-877-932-2628 or simply complete an online application to get the ball rolling now.
Personal Injury Litigation
Personal injury is a general type of claim or lawsuit which encompasses several other more specific lawsuits like malpractice cases, motor vehicle accidents, negligence cases, premises liability, product liability, and even wrongful death. Even under these umbrellas of examples are more specific cases under the father doctrine of personal injury. This only goes to show how complicated personal injury lawsuits can be.
Cases vary from simple and straightforward to very complex. Most PI lawsuits are settled before being scheduled for trial. Usually, parties opt to settle because of the time and money involved, because it is easier and less of a hassle to negotiate and settle on an agreed upon amount for compensation, and because of the unpredictable risks and outcomes associated with a jury trial.
Certain elements are required to prove fault on the part of the defendant; state laws that govern limitations and regulations like strict liability, intentional wrongs, statutes of limitation and other forms of liability besides negligence can make winning a PI case even more difficult.
Plaintiffs often seek compensation for damages, past and future medical expenses, lost past and future wages, property loss, pain and suffering, emotional distress, loss of enjoyment, loss of consortium and punitive damages in certain, more severe cases of injury and recklessness on the part of the defendant.
Depending on the state, fault or no-fault state laws can determine the damages awarded to the plaintiff, as well as comparative negligence, contributory negligence, and a plaintiff’s failure to mitigate or pursue actions during the aftermath of the incident. While the failure to mitigate and comparative negligence can significantly reduce the damages award, if plaintiffs are found to have partial fault in causing the injury in states that apply contributory negligence, then the plaintiffs may not receive damages at all.
Personal Injury Lawsuits
Personal injury lawsuits are intended to provide compensation for the victim’s losses due to the injury. Basically, this compensation is given to “make a person whole again” after suffering from the aftermath of the incident and the injury.
Monetary damages are paid to the plaintiff or injured person by the person or entity that is legally responsible for the accident, which is the defendant. Compensation or damage awards can be given through a negotiated settlement among the parties or through a verdict from a judge or jury after a court trial.
Damages that can be compensated for by the defendant may include medical expenses, lost past and future wages, property loss, pain and suffering, emotional distress, loss of enjoyment, loss of consortium, or even punitive damages. Punitive damages may be awarded if the defendant’s conduct was outrageously careless. Punitive damages are simply to punish the defendant’s conduct. However, most states have set a cap or limit to punitive damage awards in personal injury cases.
A plaintiff’s actions can also affect the amount of compensation one can seek for damages. Comparative negligence reduces the award amount on the plaintiff that is equivalent to the percentage of the injured person’s contributory fault to the incident. On the other hand, contributory negligence does not give any award at all to the plaintiff if and when the plaintiff is even slightly at fault for the cause of the incident. Lastly, if a plaintiff fails to mitigate or take steps to minimize the financial impact of the harm caused by the accident, damages may be reduced significantly. A good example of this last action is when the injured person does not seek or get medical treatment after the accident and makes their injury much worse than it was initially.
We also offer legal funding advances on work injury and workers comp accidents and a wide variety of employment and civil rights litigation and we offer structured settlement buyouts for people who have settled their personal injury and wrongful death cases and are receiving periodic payments via a structured settlement annuity.
What Is Personal Injury?
In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts. Damages include bodily injury, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress (NIED).
The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, on a cruise ship, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis,silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a “contingent fee basis” in which the attorney’s fee is a percentage of the plaintiff’s eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial. These sums are negotiable before hiring an attorney. Legal aid from the government may not be available; for example it was largely abolished in England in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.
DamagesMain article: Damages
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts result in both special and general damages.
Four things must be proven in order to hold a party or parties legally liable for injuries so damages can be awarded:
- The party had a duty to act reasonably according to the circumstances.
- The party breached the duty.
- The party’s breach of the duty caused you to be harmed.
- You suffered monetary damages due to the harm you suffered when the party breached its duty of care.
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering receive the highest injury settlements.
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.
In some cases, the injured might run his or her own businesses. The quantum assessment of the loss of profits (dividing into pre-trial and post-trial) requires forensic accounting expertise because the forensic accountant would consider various scenarios and adopt the best estimate based on the available objective data.
In the United States, each state has different statutes of limitations – laws that determine how much time you have to file a claim. Different types of injuries may have different statutes of limitations as well. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the injury.
Lawsuit and payment
Payments will be through a settlement agreement or a judgment as a result of a trial. Settlements can be either lump-sum or as a structured settlement in which the payments are made over a period of time.
InsuranceMain article: Liability insurance
In insurance in the United States, personal injury in the sense of “bodily injury” to others is often covered by liability insurance such as auto insurance. Therefore, an insurance company will provide a legal defense to the defendant and may settle with the plaintiff (victim).
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury.
In insurance “personal injury” as typically defined does not include bodily injury damages and instead refers to mental injury damages, particularly as a result of defamation, false arrest or imprisonment, or malicious prosecution; for example, the Insurance Services Office standard general liability form has a section providing this coverage. Similarly, some home insurance policies include personal injury coverage.
Despite the general distinction between bodily injury and personal injury in insurance contracts, auto insurance known as personal injury protection (PIP) does cover medical expenses from bodily injury.
Taxation of personal injury settlements
In the United States, typically, the money awarded in a personal injury settlement is not taxable. The official statement from the IRS regarding the tax-ability of personal injury settlements is as follows: “If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.” However, there are exceptions. If a portion of the settlement draft is specifically allocated to wage loss, the settlement then becomes taxable. Similarly, if you itemize deductions, and you claimed medical expenses in previous years as an itemized deduction that were later reimbursed by the settlement, then that amount would be taxable.“
- Association of Personal Injury Lawyers
- Big Apple Pothole and Sidewalk Protection Committee
- Pain and suffering
Personal injury. (2015, September 3). In Wikipedia, The Free Encyclopedia. Retrieved 18:14, September 5, 2015, from https://en.wikipedia.org/w/index.php?title=Personal_injury&oldid=679319342
Personal injury lawsuit funding is an excellent option for people who have exhausted all other options and should be thought of as “financing of last resort”. We maintain relationships with a wide variety of private and institutional investors across the country. Each one has their own specific preferences with regard to the types of tort cases that they like to invest in. Intimate knowledge of those preferences, combined with our high volume, is why TriMark Legal Funding LLC can offer guidance and the most competitive plaintiff funding rates in the industry.
Apply for a Lawsuit Cash Advance Now
TriMark Legal Funding LLC makes getting the money you need fast, easy and hassle-free.
Complete an application online or call us at 1-877-932-2628 and we’ll do it for you right over the phone.
We will request the paperwork we need to evaluate your case directly from your attorney’s office. Once received, approvals can happen very quickly; sometimes in as little as 1 hour. After you’re approved, we can wire funds directly into your bank account or FedEx a check overnight; whichever you prefer.
So what are you waiting for?
- NOLO: http://goo.gl/On6uhEl
- NOLO: http://goo.gl/RdmJn8
- American Bar: http://goo.gl/XE7ysm
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- PI Lawyers: http://goo.gl/iB0xIQ
- Chanfrau Law: http://goo.gl/huwzik
- Lexis Nexis: http://goo.gl/rUDaFz
- PI Lawyers: http://goo.gl/iDftbn