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.