Friday, May 28, 2010

Considering Either Lawsuit Funding Or Settlement Loans? We Have Provided The Keys To Selecting An Attorney.

Are you one of the thousands of individuals considering getting either lawsuit funding or settlement loans to assist you through your litigation? Do you have any idea how to select an appropriate attorney to represent you in such a matter? Even more importantly, after you decide to retain an attorney, which attorney would be most appropriate for your needs?

Unfortunately, they often clients find themselves in a situation in which they must make such a selection. As is frequently the case, many individuals are unprepared to make an intelligent decision with respect to this matter. Unbeknownst to the plaintiffs, they engage in what may be a fatal mistake with respect to the claim they intend to pursue. One of the most important things plaintiffs can do is to select reliable counsel. This is best way to increase the chances of winning the underlying case and obtaining pre-settlement loans.

Undoubtedly, virtually every plaintiff will encounter situations over which they have little-to-no-control. Nevertheless, plaintiffs are in absolute control of selecting an attorney most appropriate for the case they intend to present. It is important keep in mind the overall nature of the situation involved with the process of litigation. Remember, lawsuit loans are never obtained for those individuals who retain attorneys who appear incapable of prevailing at trial and the underlying lawsuit.

However, there are no guarantees when it comes to lawsuits that are filed. Factors such as the jurisdiction in which the cases are filed, the judge presiding over the case, the jury-pool from which the jurors will be selected, etc. are all going to be involved in the calculus that we call a lawsuit. Oftentimes, there is little that the attorney can do with respect to the jurisdiction in which the case must be filed, the judge who presides over the case, the actual jury-pool from which jurors are selected, etc. However, a competent attorney is going to be prudent in the voir dire process (i.e., the process by which jurors are selected). The jurors selected, if the case does go to trial and it is a jury-trial, will naturally be the final arbiters.

It is significant to note that the jurors selected will play a tremendous role in the outcome of any underlying litigation. All jurors come to the processes with their own pre-conceived notions. It will be vitally important for the plaintiff to conduct either himself or herself in a manner that is consistent with the case being brought forward. Neither lawsuit funding nor settlement loans are likely to be obtained when the plaintiffs seeking them appear unreasonable in both their expectations and demands.

Those who wish to obtain lawsuit loans must never forget that they’re constantly being assessed by the judges presiding over their cases, the jurors to whom the case may be presented, the defendants, opposing counsel, those to whom the cases are submitted for funding, etc. The importance of maintaining one’s comportment throughout this entire process cannot be overstated. Unfortunately, many plaintiffs are simply unwilling to accept the reality of this fact, assuming that they may conduct themselves in a cavalier fashion likely to offend those who were brought into the process against their own volition.

One of the most critical factors in selecting an attorney is to look for an attorney who is willing to listen to you as you present your case. Plaintiffs will certainly want attorneys who are going to give them a fair-hearing when they present their cases. However, it is also vitally important to retain an attorney who gives realistic outcomes with respect to the cases prosecuted. Attorneys who fail to do so often create tremendous harm to their clients. Furthermore, it is often a tremendous burden on the Legal system, likely to produce no favorable outcome for the litigants. Once again, failure to present a meritorious claim is certainly likely to preclude individuals from being able to obtain either the lawsuit funding or settlement loans they seek.

It is a fact of life that many Personal Injury attorneys essentially run what are called “mills.” Such attorneys have little interest in the specific outcome of their clients’ cases. They are merely interested in processing a larger volume of cases, relying essentially on the fact that many insurance carriers want to settle claims both cheaply and expeditiously. Therefore, such attorneys know that as long as their clients are willing to settle their claims for pennies on the dollar, the attorneys will be able to obtain a settlement for them in a relatively short period of time. (However, in virtually every one of these cases, plaintiffs could have obtained the settlements such attorneys obtain without retaining an attorney in the first place.)

Fortunately, most attorneys with whom the plaintiffs will deal are attorneys who have a tremendous amount of the professionalism. Such attorneys both conduct themselves with integrity and display a tremendous amount of respect for their clients. Such attorneys are willing to meet with their clients at reasonable times and in reasonable places. Such attorneys are willing to address issues raised in a straightforward manner. They will not deal in obliquity is, likely to obfuscate the matter. Such attorneys are also likely to provide a realistic value of the plaintiff’s underlying claim, as well as the likelihood of prevailing if the case goes to trial. These attorneys are the ones most likely to assist their clients in a meaningful way in both prevailing in the underlying lawsuit and obtaining either the lawsuit funding or settlement loans they seek.

For those plaintiffs who intend to seek pre-settlement loans, they would be wise to spend a sufficient amount of time to enable them to select both a competent and reliable attorney to represent them in their claims. Those plaintiffs who fail to do so are likely to find themselves in a very weak situation throughout the entire process of litigation. Additionally, such incompetence is likely to be readily apparent to those individuals who are considering the value of the claim with respect to the propriety of providing either lawsuit funding or settlement loans to assist the plaintiffs in the litigation-process.

Do you think a lawsuit settlement loan is right for you? Would you like to learn more about lawsuit funding? Please visit us today and you may apply online for lawsuit funding and learn more about the benefits of settlement loans.

Friday, May 21, 2010

Lawsuit Funding, Settlement Loans, Past Medical History And Car Wreck Cases.

There are likely millions of individuals who file lawsuits against others who have caused injuries in car wreck cases. If you are considering obtaining lawsuit funding, settlement loans, pre-settlement loans, and/or lawsuit loans, is it necessary to disclose your past medical history? How do you determine whether your past medical history is relevant? Even if it is relevant, how are you to determine whether it is necessary to disclose such information to the other party?

Just recently, I was called upon to testify as an expert witness in a case involving injuries a plaintiff sustained in a car wreck case. The car wreck resulted in substantial property damage. The medical expenses were certainly reasonable. The timeframe during which care was administered was reasonable. There was no dispute regarding injuries the plaintiff may have sustained. However, the plaintiff did fail to disclose a relevant past medical history. This is a situation that the defense attorney wasted no time in exploiting to the jurors in an attempt to portray the plaintiff as an individual on whom they could not rely with respect to her previous testimony.

Plaintiffs should not lose sight of the fact that when lawsuits are filed, the individual's honesty and integrity are likely to play a very significant role. While it is true that most litigation is likely to become combative at times, it is certainly essential that plaintiff are wary of creating unnecessary pitfalls. Attorneys are very unlikely to be willing to take the case to trial if the plaintiff appears unrealistic with respect to either their testimony or expectations regarding a potential settlement. It is also extremely unlikely that funding-entities we'll advance either lawsuit funding or settlement loans to such plaintiffs.

Although I am an attorney, it is important to realize that I don't represent individuals involved in MVAs. However, as a licensed healthcare provider, I am often called upon to provide expert testimony in such cases. Over the years, I've testified live-at-trial in more than 100 cases. I've now been deposed in close to 200 cases. Yes, the vast majority of cases in which I've testified have been at the request of insurance carriers, law enforcement, attorneys, defendants et al. Over the past several years, however, the testimony that I have provided has been most frequently at the request of plaintiffs' attorneys.

I would encourage any individual who has sustained injuries as a result of a car wreck to seek legal representation subsequent to obtaining requisite medical attention. Insurance carriers are going to work very quickly to either discourage you from pursuing the claim or settle the claim very quickly. Insurance carriers are also likely to work very quickly in an attempt to gather any potentially incriminating information against you. Unfortunately, many plaintiffs will "hold the defendant harmless" (i.e., release the defendant from liability)prematurely, precluding the possibility of the plaintiff from obtaining requisite medical attention.

In some cases, plaintiffs may require lifelong care as a result of injuries sustained in MVAs. If the plaintiff releases the defendant from harm that is caused by the MVA, the plaintiff doesn't have an opportunity to go back and get more funding/assistance. Furthermore, it is important to realize that the claim is forever settled between the plaintiff and defendant.

It is often very difficult to make a determination as to whether legal representation is required following a car wreck. It is also often difficult to determine what, if any, past medical history should be disclosed. (Customarily, the past medical history is relevant if conditions arising out of that past medical history impact, in any manner, the course of recovery for injuries sustained in the incident at-issue.) However, these decisions are customarily made much more easily upon consultation with competent legal counsel. A reputable attorney will notify the plaintiff that legal representation is not required in those cases that are easily managed by the plaintiff.

However, it is customarily safe to say that when individuals sustain injuries requiring medical attention following such an incident, it is appropriate to retain an attorney. It is unlikely that an individual's insurance is going to cover medical services performed for the care and treatment of injuries sustained in a motor vehicle collisions. Furthermore, most patients don't want to pay cash for the services on the date rendered. Therefore, Letters of Protection are required. To obtain this protection, individuals must have legal representation.

To be on the safe side, it is preferable to retain an attorney anytime an individual is involved in a motor vehicle collision. The vast majority of cases appear relatively straightforward at the outset. However, the complexity arises when attempting to resolve those issues with multiple parties. Furthermore, it is quite evident that individuals who do have legal representation settle their claims at substantially higher levels. Once again, individuals who do not have legal representation are not able to obtain lawsuit funding and settlement loans to assist them during the course of litigation.

If you are considering pursuing either lawsuit funding or settlement loans due to an injury sustained in a car wreck, it is wise to seek legal counsel to represent you in the underlying litigation. It is oftentimes a failure to present a case in a cogent fashion that results in a substantial diminution in the recovery obtained. This failure may also result in the case being denied an opportunity to even be heard at trial if they need were to arise. One may rest-assured that a failure to present the case clearly is likely to result in an unfavorable outcome.

Remember, the insurance carrier is not going to go into this litigation without legal representation. Furthermore, it is very unlikely that the defendant will go into the litigation without representation. (Oftentimes, this is in fact the insurance carrier's attorney who represents the defendant at trial.) It is truly mind-boggling to encounter cases in which it is the plaintiff alone who doesn't see the need to obtain legal representation in these matters.

Furthermore, plaintiffs who proceed without legal counsel are unable to obtain lawsuit loans. This author is unaware of any funding-entity that will advance pre-settlement loans to individuals who are not represented by attorneys. Therefore, for those filing lawsuits and who are considering obtaining either lawsuit funding or settlement loans, it is an exercise in futility for those attempting to handle the litigation without an attorney.

Do you think a lawsuit settlement loan is right for you? Would you like to learn more about lawsuit funding? Please visit us today and you may apply online for lawsuit funding and learn more about the benefits of lsettlement loans.

Thursday, May 13, 2010

Lawsuit Funding And Settlement Loans In Slam Dunk Cases.

Is the case you are filing a “slam-dunk”? Individuals who consider obtaining lawsuit loans must analyze elements of their cases very carefully. Although most litigants consider their cases relatively straight-forward, this is seldom the case. Before launching into the lawsuit, it must be borne in mind that there are “two sides to every story”.

Key to obtaining an objective view of a particular lawsuit is a competent attorney. It is always difficult to look at your own case in an unbiased manner.

It is quite natural to make the opposing party appear worse than that party truly is. Now it may be true that the other party does have a malevolent-intent. However, in most cases involving litigation, the parties maintain what, in their own minds, are justifiable positions. Therefore, the impasse must be resolved before an impartial arbiter. The vast majority of cases in the United States will be settled by either a judge or a jury, assuming the case is not settled prior to trial.

Our Judicial System ostensibly provides the means by which parties may engage in litigation on relatively equal footing. (Many individuals justifiably challenge this portrayal. It does often seem as though the system tilts strongly in favor of those with wealth and financial-means. The cost of litigation appears to be steadily increasing.) Our Judicial System also permits us to attempt to resolve most matters in a civil forum. (Once again, this statement has numerous detractors.)

There is a tremendous benefit to obtaining settlement loans to assist with the mounting financial burden that is correlative to litigation. Furthermore, lawsuit funding is often beneficial to the attorneys who represent plaintiffs, allowing the attorneys to continue to pursue litigation when litigation funding would have otherwise been scarce-to-non-existent. Although many attorneys/agencies will provide pro bono services, in most instances, the services one obtains while pursuing a lawsuit are not free. In fact, these services are quite often both burdensome and costly. Of course, if your case truly is a “slam-dunk,” the cost of litigation is likely to be more easily managed.

If it weren’t for the fact that plaintiffs often find themselves confronted by overwhelming expenses/costs, settlement loans would not be a popular form of assistance. Individuals contemplating lawsuit loans need no reminders regarding expenses.

There can be no doubt that individuals involved in litigation often feel as though the costs involved are unceasing. In fact, it is often bewildering to be confronted by costs/expenses that appear to come out of left-field.

In addition to your own expenses, as well as those things that you can anticipate/control, at least to some extent, the defendant is going to be mounting/developing the case in opposition. Although you may feel as though your case is a “slam-dunk,” the defendant is likely to have a contrary view of the case. In the vast majority of instances, each party is absolutely convinced that the position they take is both justifiable and absolutely correct. Of course, if this weren’t the case, it is unlikely that the litigation would have continued to the point at which lawsuit loans are deemed it necessary.

For those considering either lawsuit funding or settlement loans, it is vital to thoroughly review each aspect of the cases pursued. Individuals who are seriously considering litigation are strongly encouraged to retain competent attorneys capable of representing them both fairly and in the best possible light. It is impossible to overstate the value of having a competent and knowledgeable attorney in your corner throughout this process.

Individuals who take their opponents too lightly are frequently on the losing-end of litigation. Plaintiffs underestimate the defendants at their own peril! Those individuals who reach an accord with their attorneys regarding their cases as “slam-dunks,” are both rare and fortunate. Plaintiffs who give the defendants due-consideration and present their cases favorably are most likely to both prevail in the underlying lawsuit and obtain either the lawsuit funding or settlement loans they seek.

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 settlement loans frequently asked questions archive.

Friday, May 7, 2010

What Is The True Value Of Settlement Loans And Lawsuit Funding?

Many of our clients voice concerns about costs involved in lawsuit funding and settlement loans. It is astounding to be confronted with misconceptions surrounding this relatively simple form of financing known as, among other things, lawsuit funding and settlement loans. Although this form of funding is increasing in popularity, it remains an instrument about which most, to include plaintiffs and their attorneys, lack familiarity. In reality, pre-settlement loans are readily available for a vast array of claims. Far fewer, however, have any clue of many of the gems that emanate from litigation funding.

We have written in the past regarding misconceptions involving interest rates and pre-settlement loans. As stated previously, there are no interest rates involved in such transactions. Remember, they are not loans. The only reason many entities involved in providing these transactions include terms related to loans is because many individuals seeking such assistance use that as one of their search terms.

Additionally, we suggested ways in which plaintiffs who obtain lawsuit funding and/or settlement loans charge expenses related to such funding against the defendant. Although there are no interest rates, there are risk fees. The risk fees will be contingent on the risks inherent in the case for which funding is sought.

Predictably, the vast majority of clients assure us that their cases are "slam dunks." Unfortunately, there are few, if any, cases that are a "slam dunk." Take into consideration the plaintiff who, as a pedestrian, was struck by an automobile. The plaintiff assured us, "My case is a slam dunk!" (That may have been the case with merely a cursory view.) Contrariwise, the police report provided militating evidence: (1) the plaintiff was dressed from head-to-foot in dark clothing; (2) the collision occurred at night; (3) it was raining; (4) the plaintiff was walking in the roadway; and (5) the Incident report stated that the pedestrian was "drunk." Getting suspicious yet?

Back to the purpose of this article! This article is intended to illustrate that lawsuit funding and/or settlement loans may beneficial in another way. The vast majority of you are familiar with the term "mock juries." Individuals who work as jury-consultants generate millions of dollars working with lawyers to select the most likely venue and jury-pool with which to prevail in a particular lawsuit.

What is the primary purpose of mock juries? Naturally, they are intended to allow both plaintiffs and defendants to observe the strengths, as well as the weaknesses of a particular case, through jurors' eyes. It is significant to be able to garner this information objectively. It is the jurors, with guidance from a judge, who will determine the plaintiff's/defendant's fate if the case is not settled prior to trial. Those who fund lawsuit loans will thoroughly review the elements of the cases submitted for pre-settlement loans. Due to the fact that such funding is non-recourse, if the plaintiff loses his/her their case, the funding-company collects zero.

Once the application is submitted for either lawsuit funding or settlement loans, the application, as well as relevant documents will be reviewed by those who specialize in litigation funding. These experts will analyze the information received and determine if additional information is required. The additional documents required may prove tremendously valuable to the client in making his/her case. An example of required documentation, but one often not made available by individuals seeking pre-settlement loans in breach of contract cases, is the written offer. To succeed, the plaintiff must clearly establish liability. Additionally, the defendant's ability to pay any judgment likely to be awarded must be considered. A judgment of a monetary award is of little value if the plaintiff is unable to collect.

When utilized appropriately, lawsuit loans provide tremendous financial relief for many plaintiffs. However, the value of having individuals with years of experience in reviewing such cases evaluate claims submitted and for which lawsuit funding is sought, is incalculable. Bear in mind, the funding entity is looking for reasons to provide settlement loans.

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

Sunday, May 2, 2010

If You Are Considering Lawsuit Funding, Settlement Funding Or Lawsuit Loans, Do You Need An Attorney To Settle Your Car Wreck Case?

For those individuals who are considering lawsuit funding they are likely to find an attorney absolutely essential in settling their car wreck case. We will only discuss a few of the advantages individuals obtain when they do retain an attorney. One of the greatest benefits is just decreasing the amount of frustration one encounters when dealing with obstinate defendants and/or insurance company representatives. Certainly, it is unlikely that you will save any money by not retaining an attorney. In fact, it is likely to be a very costly mistake.

Remember, time is on the defendant's side. Those who are responsible for paying your bills are certainly in no hurry to pay for damages you sustained. Furthermore, they realize that most plaintiffs have limited patience. When protracted delays are employed, defendants often succeed in convincing plaintiffs to abandon litigation. It is unlikely that those responsible for paying the bills will have any regard for individuals pursuing settlement loans. Once again, they derive no benefit to settle the claim quickly. Naturally, plaintiffs often have a great deal to lose with protracted delays.

Someone once said, "An incompetent attorney can delay a trial for years or months. A competent attorney can delay one even longer." If you're an individual pursuing litigation, you're likely to conclude that those responsible for paying for damages sustained have engaged a "competent" attorney.

Individuals frequently seek lawsuit funding because of the dire financial straits arising from the ongoing litigation. Many individuals suggest that settlement funding is to be used in a cavalier manner, principally in spending the funds on a whim. Perhaps our clients are unlike most of those encountered. However, I've yet to encounter clients who seek lawsuit loans to go on a vacation, etc.

Many individuals who seek our services are pursuing settlement loans in an effort to assist in paying their mortgages, paying utilities, putting food on their tables, etc. Many of these individuals attempt to pursue their litigation pro-se (i.e., represent themselves). However, the ongoing frustrations that these individuals experience are enough to drive them to the verge of insanity. One of the best things these individuals can do is retain an attorney experienced in handling such cases.

The truth of the matter is that individuals seeking lawsuit funding are not going to prevail if they do not retain an attorney to represent them in the underlying litigation. There are few, if any, funding-entities that will advance lawsuit loans to individuals who are not represented by attorneys. Although there are many reasons that settlement funding will not be advanced in such cases, the principal reason is that those who are advancing settlement loans want to know that the individuals with whom they are communicating clearly understand both the strengths and weaknesses of the case and are capable of carefully advising their clients with respect to any liens that will be attached to the settlement. Remember, although lawsuit funding is non-recourse (i.e., if you lose the underlying lawsuit, you do not have to repay the monies advanced), settlement loans must be repaid in the event of a successful outcome in the underlying litigation.

Yes, if you're pursuing lawsuit funding you need to retain a competent attorney to represent you. Additionally, those pursuing lawsuit loans will find it much easier to avoid frustrations during the litigation-process. Furthermore, those pursuing settlement loans will find that it is extremely beneficial to have an individual who is able to produce documents that will be required to make a determination as to the amount that may be advanced.

Looking to find the best deal on lawsuit funding, Then visit us to obtain information regarding the benefits of lawsuit loans today.