Tuesday, April 27, 2010

Settlement Loans, Car Wrecks And MRI

For those seeking settlement loans following car wrecks, they may find that an MRI is extremely valuable to them in determining the extent of injury sustained. If you have been involved in a car wreck and sustained injury, it is extremely important for you to seek out the care and attention of a provider who is capable of carefully assessing the extent of your injuries, as well as documenting the extent of those injuries. The vast majority of providers one encounters when they present following injury sustained in a car wreck will principally rely on simple x-rays to evaluate structures that may have been injured. However, x-rays are typically not going to provide very much information regarding the extent of the injuries sustained.

It is unfortunate that many providers rely principally on x-rays simply because they're relatively easy to obtain and inexpensive. However, x-rays do expose patients to ionizing radiation. It is important to realize, however, that x-rays are important in assessing the presence of fractures (e.g., broken bones). For those individuals seeking settlement loans, it is important to realize that very few funding companies are going to advance lawsuit loans to individuals who have sustained soft tissue injuries only.

Undoubtedly, fractures do occur following car wrecks. However, there is a relatively small incidence of such injuries occurring following car wrecks. Soft tissue injuries following car wrecks are much more common. Additionally, such injuries are virtually undetectable when using simple x-rays. When discussing soft tissue injuries, we refer to injuries to tissue such as muscles, ligaments, tendons, fascia (i.e. connective tissue), etc. Insurance carriers are going to make it extremely difficult on individuals pursuing claims when soft tissue injuries are the only injuries identified. In almost all instances, insurance carriers view soft tissue injuries as nonexistent. Once again, it is extremely important that individuals involved in car wrecks and who sustain injuries seek out the care and treatment of individuals who actually specialize in the care and treatment of such injuries. These providers must be able to both assess and document the extent of injury sustained. Any failure to adequately document the extent of injuries is likely to result in a denial of any requests for pre-settlement loans.

Individuals who are pursuing lawsuit loans must be aware of the fact that there are many forces being brought to bear on those claims. Preferably, these individuals will realize that they need providers who are going to be seeking to administer the best possible care. It is also hoped that these individuals will have attorneys who are attempting to obtain the best possible recovery for their clients.

Of course, on the other side of the fence will be defendants to contest virtually every aspect of the claim. This will be done in an attempt to either avoid paying anything whatsoever on the claim or mitigate defendants' losses. It is also important to realize that insurance carriers, those likely to be responsible for paying on those claims, are going to be doing whatever is reasonably possible to either substantially minimize the extent of injury sustained or obfuscate the presence of any injuries. Those individuals seeking lawsuit funding must be aware of the obstacles that exist as they pursue those claims. Additionally, to obtain pre- settlement loans, individuals must overcome these obstacles.

Although many providers are truly unaware of the limitations of the x-rays performed in their offices, indisputably, x-rays are not the modality of choice in the evaluation of soft tissue injuries. Of course, x-rays are beneficial in assessing the integrity of bones. They would certainly be the preferable modality to determine whether an individual had sustained a fracture (e.g., broken bone). They are also beneficial in assessing the presence of pre-existing degenerative changes. It is important to realize that in this form of litigation, insurance carriers are going to be arguing that the injuries with which claimants present are either pre-existing or nonexistent. To avoid paying claims, they will expend a great deal of effort to minimize the value of those claims. Naturally, the lower the projected value of the claims, the less likely it is that individuals will be able to obtain settlement loans.

Contrariwise, MRI can be extremely helpful in assessing the extent of soft tissue injuries. Although it is very useful in assessing many conditions, it is particularly beneficial in car wreck cases in assessing the extent of disc pathology. For example, one may be able to obtain information that allows the provider to distinguish between a disc bulge, condition that suggests degenerative changes, and disc protrusions/herniations. Customarily, disc protrusions are considered conditions that may be attributable to a fairly recent event.

It is important to realize that the insurance carriers are going to argue, irrespective of the findings, that the conditions are either nonexistent or pre-existing. It will be up to the attorney and his/her client to present the case in a way that clearly demonstrates the extent of injury. If the injuries are clearly identified and the claims appear meritorious, clients are very likely to be able to obtain the settlement loans they seek.

Are you in need of information regarding the best deal on settlement loans? If so, we encourage you to visit us to obtain information regarding the benefits of pre-settlement loans today.

Monday, April 19, 2010

Settlement Loans, Car Wreck Cases, And Red Flags

Car wreck cases are the most frequently-encountered reason individuals seek settlement loans. Although it is true that most of these cases are relatively easy to fund, it is important to be aware of the red flags that exist in such cases for those seeking lawsuit loans.

The primary reason for which lawsuit funding is denied in such instances is the fact that plaintiffs have unrealistic expectations. For some bizarre reason, many individuals involved in car wrecks just assume they're going to able to retire as result of the awards received. Although it is true that many severe injuries occur as result of car wrecks, it is also true that the vast majority of car wrecks will not result in life-threatening injuries. (It is significant realize that individuals need not sustain life-threatening injuries to be able to obtain settlement loans. However, it is absolutely essential that the plaintiff present a case that is credible to both the opposing party and the jury, if the case goes to trial.)

This is an area in which there is a great deal of abuse. (Unrealistic expectations often preclude individuals from obtaining settlement loans.) In many instances, plaintiffs think that simply because they were rear-ended, they will prevail in the case. However, this simply is not true. There are many such cases that wind up going to trial in which the jurors are not sympathetic to the plaintiff, feel as though the plaintiff in some way provoked the car wreck (e.g., "jack-rabbit start"), and come back with the "defense" verdict. Obviously, one may not obtain lawsuit funding if it is likely that the individual seeking such funding played a role in causing the car wreck.

Due to the abuse often encountered in car wreck cases, jurors will often have a "jaded" view of the plaintiff. If the plaintiff fosters this perception by having unrealistic expectations, exaggerates the extent of injury, etc. jurors are likely to return either a zero-verdict or a "defense" verdict.

Any delays in seeking medical attention following a car wreck are also perceived as red flags. Insurance carriers often take a very hard-line against those individuals who wait more than two weeks prior to seeking medical attention. Furthermore, it is very likely that the insurance carrier's attorney will expend a great deal of effort in creating the impression that the services received were attorney-directed in such instances.

The absence of treatment in an emergency room is also likely to serve as a red flag in these cases. In the vast majority of cases, the Police Report will reflect that there were no injuries at the scene unless there was evidence of blood, loss of consciousness, obvious broken bones, etc. Make no mistake about it, the insurance carrier will rely heavily on the fact that no injuries were identified in the Police Report.

Plaintiffs who are inconsistent in following the healthcare provider's recommended plan of treatment are also likely to gain little sympathy if the case goes to trial. It is natural to assume that if an individual is injured, they will earnestly seek the care that is offered. Services that are received at the plaintiff's convenience are not services for which the opposing party will be responsible. Remember, the carrier will only be responsible for services deemed medically necessary.

If there is no objective evidence of significant injury, such as diagnostic imaging (e.g., MRI, CT, etc.), significant laboratory findings, etc. this will also be seen as red flag. Plaintiffs will find it extremely difficult to obtain an award in those cases classified as "minor impact soft tissue" (MIST). The well-known difficulty in obtaining awards in such cases significantly decreases the likelihood of being able to obtain settlement loans in MIST cases.

Are you in need of information regarding the best deal on settlement loans? If so, we encourage you to visit us to obtain information regarding the benefits of lawsuit loans today.

Saturday, April 10, 2010

Lawsuit Loans When Plaintiffs File Breach Of Contract Cases

What documents will be crucial when attempting to obtain lawsuit loans for plaintiffs pursuing "breach of contract" cases? For those who follow the guidance provided in this article, they should find it relatively easy to obtain pre-settlement loans, assuming that their cases are meritorious. However, those who fail to follow these simple guidelines are likely to fail in obtaining the settlement loans they seek.

The first step that plaintiffs must take is to carefully review the cases that serve as the basis of their underlying claims. It is important to be able to review the case carefully and determine what, if any, violations in the contract have occurred. It is also important for plaintiffs to be able to actually demonstrate the violations that have occurred, as identified in the four-corners of the contract. It is also important to realize that in most cases "breach of contract" cases will actually be tried in Courts of Equity. In such a venue, such factors as fairness-of-the deal will be considered. (These considerations are not customarily given much weight in civil matters.)

To be realistic in pursuing a claim against the defendant, you must carefully analyze whether you will be able to collect against the defendant, were you to obtain the judgment you seek. The likelihood of prevailing against a judgment-proof defendant is not high. However, even if you were to prevail, it does you little good if you're unable to collect damages awarded.

Prior to determining whether you wish to pursue a claim against the party with whom you have entered the contract, plaintiffs must realize the importance of being able to articulate specific violations that have occurred. Plaintiffs who have questions regarding this matter are encouraged to contact their attorneys without delay. Remember, the clock is ticking. (Customarily, this does not inure to the plaintiff's favor.) If plaintiffs are unable to identify the specific violations in the contract, even with their attorneys' assistance, plaintiffs are encouraged to rethink their intent of file suit in "breach of contract" cases.

Once you've reviewed your case, assessed the likelihood of actually being able to collect damages against the other party, and identified specific violations at-issue, it is time to chart the course for your litigation. Once you have reached this stage in the decision-making process, an attorney's value will become readily apparent. This is not a time to speculate! This is the time to clearly articulate what it is on which your actual claim has been established. If you fail to pursue the correct course of action, you significantly diminish the likelihood of prevailing on your claim. Those who fail at this stage also significantly diminish the likelihood of obtaining lawsuit loans.

Vital to such considerations will be the opposing party's credit-history, the opposing party's financial-assets, and the opposing party's history of dealing with others in contractual negotiations. These factors will play an important role to the trier-of-fact. If the other party has a history of fair-dealing, that information will play a significant role in assessing the opposing party's actions in this case. Contrariwise, a history in which the other party has taken unfair advantage of others in contractual negotiations will increase the plaintiff's likelihood of prevailing as a result of the opposing party's inappropriate dealings in this particular negotiation.

The final stage will be verification of payoffs on prior loans and/or advances, if applicable. You will find that in almost all cases you will be obligated to pay off existing loans, viz., loans for which you and the opposing party are jointly-liable, prior to pursuing a separate violation against the other party to the contract. Additionally, any advances you and the other party have received must be either repaid or satisfied prior to obtaining the judgment against the other party.

Once again, when pursuing lawsuit loans, if you follow the foregoing steps, you should find it fairly easy to achieve the funding you seek. However, those who fail to adhere to the foregoing many find it extremely difficult to obtain settlement loans and/or pre-settlement loans.

Interested in learning more about lawsuit loans? Please visit us today. There you may learn more about lawsuit settlement loans and even apply online for settlement loans.

Monday, April 5, 2010

You May Benefit From Lawsuit Loans Following An Auto Accident.

Most of us are painfully aware of the fact that auto accidents are one of the most frequent causes of personal injury in the United States. Although the standard to which drivers are held is, in most states, the "negligence" standard, many fail to meet the minimal requirements of the standard while behind the wheel. It is heartbreaking to realize that auto accidents continue to be the leading cause of death for individuals in the United States between 13 and 19 years of age. Compounding this problem is the protracted length of time it takes to obtain a final resolution once such an incident has occurred. This is the primary reason that individuals are often in a position where they need to consider obtaining either a lawsuit loan or lawsuit loans to assist with these ongoing expenses.

Each state has strict laws making it a crime to flee the scene of an accident that causes injury to a person, animal, or real property. However, this is a common occurrence. If you are the victim in a hit and run accident, you are encouraged to write down every detail and to try to remember as much as possible. It will also be important that you report the information as soon as possible. Failure to do so may result in untoward consequences (e.g., you may find that you have been blamed for resultant injuries).

An increasing number of auto accidents occur as a result of either someone's negligence or a momentary lapse in judgment. Additionally, due to various distractions to which drivers are subjected while behind the wheel (e.g., cell phone usage), an increasing number of these incidents are due to simply careless behavior. It is also chilling to note that an increasing number of these incidents occur as a result of individuals who seek monetary-gain (e.g., "staged" accidents). Many of these individuals who engage in this activity have absolutely no regard for human life. If you are involved in such an incident, you'll be dealing jointly with a criminal and civil action. It will be up to authorities to determine whether the case will be pursued in a criminal venue. However, it will be up to you to determine whether you'll pursue this matter in a civil venue. Once again, due to both the protracted period of time that it takes to try such cases and ongoing expenses associated therewith, obtaining either a lawsuit loan or lawsuit loans may tip the scales in the plaintiff's favor!

How tragic it is to note that auto accidents continue to be the leading cause of death for teenagers between 13 and 19 years of age. It is mindboggling to note that approximately 2/3 of such teens were not wearing seatbelts at the time of these collisions. Indisputably, human error results in more than 90% of all auto accidents!

It is sad to realize that two thirds of the teens who die in auto accidents die because they fail to buckle their seatbelts. Furthermore, it is significant to note that a large number of injuries to occupants of all ages may be significantly decreased if individuals would simply wear their seat belts and pay attention as they travel. By law, every individual who sits behind the wheel of an automobile is required to "maintain a safe and proper lookout."

Remember, if you sustained injury due to another driver's failure to exercise due-diligence while they were behind the wheel, you may find yourself in need of either a lawsuit loan or lawsuit loans. If you succeed in obtaining this form of financial-assistance, you may soon find that the circumstances that seemed very dire and bleak are now quite manageable. It is undoubtedly a relief to find that you'll be able to continue to pay your bills, be able to feed your family, continue to pay your mortgage, etc. Although there are many myths regarding negative aspects of obtaining settlement loans, you are encouraged to carefully consider this option. Once individuals carefully consider this form of financial assistance, they often find that settlement loans are right for them!

Interested in learning more about lawsuit loans? Please visit us today. There you may learn more about lawsuit settlement loans and even apply online for settlement loans.