Thursday, October 13, 2005

Settlement Advances, Claim Advances and Funding, Personal Injury Lawsuit Advances

Settlement Advances, Claim Advances and Funding, Personal Injury Lawsuit Advances: "If you're considering a Pre-Settlement Advance on your Auto Accident or Personal Injury Claim, or Advance Funding for your lawsuit, you may find these questions and answers, helpful.
Usually, your case qualifies for an advance, if: 1. The cause of the accident or injury was not your fault; 2. The other party has enough insurance coverage to pay your damages; and 3. You received a serious personal injury.


How will a cash advance help me?
What is the charge?
Do I need good credit?
Who is eligible?
What papers do I sign?
When is it paid back?
What if I lose my case?
How long does it take?
Why is an advance different than a loan?


How will a cash advance help me?
Many times, a cash advance will enable you to hold out for a larger settlement, giving the attorney time to get you the largest possible recovery. You will not be forced to take the first, low settlement offer because of financial pressure caused by the accident.
What is the charge?
The charge is 40% of the amount advanced per 6 months or portion thereof. For example if you receive a $5,000 advance you would owe us $5,000 plus an additional $2,000 for every 6 month period, or portion thereof, that passes until we are paid back.
Do I need good credit?
No. Lawyers Funding makes cash advances based on the value of the claim not on a credit rating. There is no application fee, and no job is required.
Who is eligible?
Anyone with a viable injury claim such as: a Vehicle Accident, Wrongful Death Case, Serious Injury Claim, Product Liability Claim, Premises Liability Claim, a Dog Bite, etc is eligible for a cash advance. They must be attorney represented."

You have to consider that the revocery in non-recourse - contigent upon you getting paid.

Here We Go Again

There are Personal Injury Lawyers and then there are personal Injury Lawyers. I came across an excellent blog today about traumatic brain injury by a law firm and it was really good. Try searching for other blogs out there that really hit home and provide insight to you. Some times there is a wealth of really good information out there to assist you in your accident and injury claims. However, traumatice brain injury is not one of those types of cases that you should attempt to handle without expert help.

Compensation for Serious Accidents may run out of time

: "My 17-year old son was in a coma 3-4 months because of an injury in a car wreck. Now he is 20. Does the time period for filing suit apply to a person that was in a coma and is just realizing what happened and wants to sue the driver�s insurance company?
This is one of those very, very rare exceptions to the statute of limitations. Under the laws of most states, your son, while in a coma, is referred to as being 'incompetent.' The time during which an adult plaintiff is mentally incapacitated and does not have a conservator or guardian with authority to prosecute the claim is not counted in computing the statute of limitations. However, the clock began to run the moment he became aware of his injuries, and remembered what caused him to be hospitalized; i.e., that he was involved in an auto accident. Your son's lawsuit would be against the driver of the other vehicle(s), not the insurance company."

Friday, October 07, 2005

I Just Settled Another Case for What It Was Worth!

No real magic again. Another Plaintiff lawyer settled a slip and fall claim for what it was worth. WoW!!! Too Much Work for ME!!!

This is the real shame of it all. O.K., I guess you could tell I am a Defense Lawyer but I did spend many years as a Plaintiff Personal Injury Lawyer running my own firm. Here is the real problem facing injury victims day in and day out. They are not armed with the knowledge to attempt to resolve (settle) their claim before they go to a lawyer to see if the Personal Injury Lawyer can help them. There really needs to be a resource for injury victims (car accident, slip and fall or trip and fall) to use to see if the insurance adjuster is going to be reasonable. I have seen a book written by an adjuster (I don't know if this is a good idea or not), and I have seen general guides in print, but you really need a resource prepared by a Personal Injury Lawyer.

The Plaintiff had a foot fracture from awhile back after falling into a pit on the property of an eating establishment. $3,000 in medical bills and a bunch of lost wages. Her first attorney demand $55,000 (way too much). In an afternoon her new attorney and I negotiated from a spread of $4,500 from me to $18,500 to settle it. Her attorney got 40% of that (over $7,000) for an afternoon's work. It was worth $18,000 even without her lawyer.

The point is that she is out $7,000 of that for something she could have learned to do in a weekend with the right understanding of insurance settlement negotiations and her legal rights (what she was entitled to get if she was not at fault herself).