Personal Injury

6 Common Worker’s Compensation Myths

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Unlike other personal injury cases, such as automobile accidents, worker’s compensation claims are a result of an injury sustained while on the job. Oftentimes an employer will refuse to pay a worker’s comp claim. When this happens, the injured employee may decide to seek legal action through a lawsuit to compel their employer to pay for lost wages and medical bills.

Unfortunately, there’s a lot of misinformation out there regarding worker’s compensation laws, rules, and the rights of employees. Here are some common myths regarding worker’s compensation:

Myth #1 – When I file for worker’s compensation, I am suing my employer – Depending on the laws of your state, when you file a worker’s compensation claim you doing so through a state agency, which is not a lawsuit. Most employers carry worker’s compensation insurance which pays out benefits. However, these insurance companies will sometimes try to fight the legitimacy of the employee’s claim making legal action necessary.

Myth #2 – My pain and suffering should be compensated along with my actual injuries – Laws vary from state to state but, generally speaking, many states do not allow compensation for “pain and suffering.” But they do cover worker’s comp benefits for such things as medical treatment, lost wages, the cost of rehabilitation or physical therapy, and longtime or permanent disability payments.

Myth #3 – I just started working at my new job, so I’m not eligible for worker’s comp protection – In most cases, this is not true. The minute you start working for a company that has worker’s compensation insurance, you are covered. Even if you are injured on your first day of work, you can still file a claim.

Myth #4 – I’ll be forced to see a specific doctor picked out by my company ­– Depending on state law, you are not required to see a particular doctor. However, you may be required to choose from a list of doctors covered by your company’s worker’s comp insurance for your initial treatment. Some company worker’s comp insurance plans will allow you to switch between their authorized physicians or be evaluated by your own doctor. Contact your company’s Human Resources Department for more information.

Myth #5 – I can’t be fired when I’m out due to a worker’s comp injury – In many cases, especially if you work in an “at will” state, an employer can terminate you if you can’t work for an extended period of time. Be sure to check your local state laws, review your employee handbook, or consult your business’s Personnel Office to determine their policies as it regards termination.

Myth #6 – I’m an independent contractor, so I can’t sue for worker’s compensation – Depending on the laws of your individual state, if you are an independent contractor and are injured when performing a work-related activity, such as driving a company vehicle on company business, you are covered. You have the right to file a worker’s compensation lawsuit if your company refuses to pay based on your independent contractor status. Check your local laws or consult an attorney who specializes in worker’s comp litigation to determine your specific rights.

The aforementioned information is meant to be only a general rule of thumb when it comes to worker’s compensation claims and lawsuits. It is not an attempt by Global Injury Funding to offer any legal advice. Worker’s compensation laws vary from state to state, so we encourage you to check your state’s legal statutes or speak to an attorney who is knowledgeable in this area.

Discover the Benefits of a Lawsuit Cash Advance
If you are a plaintiff in worker’s compensation lawsuit, it may take months – or even years – to settle your claim. The length of time it takes will depend on the specifics of your case. If you find yourself in this situation, you may not be able to pay for household expenses, your rent or mortgage, medical bills, groceries, schooling, or car payments. A lawsuit cash advance from Global Injury Funding can get you the money you need to get on with your life while waiting for the courts to settle your case.

Here are some of the key “dos and don’ts” of a lawsuit cash advance:

  • It’s not a loan, so you don’t have to worry about a credit check to qualify. Your approval is based entirely on the legal merits of your case.
  • If you don’t win your case, you don’t have to pay the loan back, regardless of the amount. Hard to believe, but true! We shoulder all of the risks and you repay the loan only if you succeed in winning your lawsuit.
  • You don’t have to pay any money upfront. There are no fees and it’s free to apply for a lawsuit cash advance.
  • You don’t have to fill out lots of paperwork or give out personal information. It’s easy to apply for a lawsuit cash advance. You do just fill out a simple form on our website, click “submit,” and you’re done.
  • You do get your money quickly. Once approved for a lawsuit cash advance you can get your money in as little as 24 hours.
  • You do get a guarantee of 100% confidentiality. Rest assured that we do not share your information with anyone. The information you provide is only used by our team of experts to determine if you are eligible.

If you find yourself having to file a worker’s compensation lawsuit, contact us today to learn how we can help you during this difficult time. Our experienced, friendly, and professional staff will guide you through the process every step of the way.

Understanding the Most Common Personal Injury Cases

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We live in dangerous world. While you do your best to be safe, sometimes circumstances beyond your control may cause you or your loved ones pain, injury, and suffering.

If you have been the victim of someone else’s negligence, you have the legal right to financial compensation through the court system. But you may be asking yourself: What are some of the most common types of personal injury cases that would qualify for taking such legal action by filing a personal injury lawsuit?

Here are the five most typical personal injury cases:

  1. Automobile Accidents – This is, by far, the most common type of personal injury case. Unfortunately, millions of people are injured each year in car accidents despite many advances in automobile safety technology. Even seemingly minor accidents can sometimes result in lingering problems which require ongoing medical attention.
  2. Slips and Falls – You could be walking down the grocery aisle and slip on a patch of liquid someone failed to clean up. Or you could be shopping at your local mall and trip on an item that fell off the shelf. You could also be visiting someone in their home and fall as a result of their negligence. These types of accidents are just behind auto accidents as the second-most common cause of accidental death in America.
  3. Workplace Accidents – The workplace is another area where there’s potential for various accidents to occur. Accidents of this type range from slips and falls to malfunctioning equipment. Even if you work in an office environment, someone else’s carelessness could result in long-term or permanent injury.
  4. Medical Malpractice – In spite of the skill and training of medical practitioners and the advanced technology of modern medicine, doctors or other health-care professionals who fail to provide competent medical care can be held liable when a patient is injured. While these cases are often complex, requiring expert testimony and considerable research, they are not uncommon.
  5. Animal Bites – Sometimes an animal such as a dog can appear tame and docile one minute, but turn vicious the next. It’s the responsibility of the animal’s owner to ensure the safety of others when they come into contact with their pet. This is especially true if the pet’s owner knows that there is a history of biting in the past.

These are just some of the many different types of personal injury cases which do occur. If you or a loved one are injured as a result of someone else’s negligence and you do file a lawsuit for financial compensation, you may find yourself waiting a long time for your case to be resolved in a court of law. The length of time it takes for a legal claim to be settled varies from case to case. But oftentimes you may wait months or longer before you finally get your money when you finally win your case. In the meantime, you may be unable to pay for household expenses or medical bills because you are unable to work.

If you find yourself in this unfortunate type of situation through no fault of your own, a lawsuit cash advance from Global Injury Funding can help give you peace of mind by providing the funds you need to help pay the bills while you wait for your case to be settled. Here are some key reasons why a lawsuit cash advance may be right for you:

  • A lawsuit cash advance is NOT a loan. Therefore you do not need to fill out a credit application and wait for approval since the loan is based entirely on the merits of winning your case.
  • If you do not win your case, you owe nothing, regardless of the amount advanced to you. That’s right. You only have to make payments if you win your case.
  • There are no upfront fees or out-of-pocket expenses.
  • It’s easy to apply. Fill out our simple online form and our team of experts will get to right work evaluating your case. It’s free and there is no obligation to apply.
  • Get your money fast. Once you’re approved for our program you can get your cash advance in as little as 24 hours.
  • It’s 100% confidential.

We’re here to help. If you have filed, or will be filing, a personal injury lawsuit for whatever reason and need cash now, contact us today. Our experienced and compassionate team of professionals will walk you through every step of the process.

To find out if a lawsuit cash advance is right for you, call us at 1-800-980-2278.

 

Understanding the Differences Between Lawsuit Cash Advances and Loans

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If you are a plaintiff in a personal injury case, you already have a lot on your mind. If your injury prevents you from earning an income, you may be concerned about paying bills or expenses during the course of the litigation.

“Lawsuit Cash Advances” are becoming an increasingly popular and widespread way for people such as you who find themselves in this difficult situation to receive much-needed cash before their case is settled. But there’s also some confusion about the difference between a lawsuit cash advance and a loan. After all, the idea of getting cash with “no strings attached” can sound too good to be true. So we’d like to explain the differences between lawsuit cash advances and loans.

  • A lawsuit cash advance is NOT a loan. You are actually taking an “advance” on all, or a portion of, the anticipated cash award you’ll receive if you win your case.
  • If you do not win your case, you do NOT have to pay the money back, regardless of the amount you receive. This is perhaps the most an important difference between a lawsuit cash advance (also known as a “non-recourse” cash advance) and a loan. If we determine that you are eligible for a lawsuit cash advance based on the legal merits of your case (in other words, how likely it is that you will win), then we will advance you the amount of money we anticipate you will get when the case is settled in your favor. We shoulder all of the risk and only get our money at the end of the litigation process if you win your case.
  • You do not pay interest in a lawsuit cash advance. Since the cash advance is not a loan, no interest is charged on the amount of money you receive.
  • Unlike a loan, there are no monthly payments or up-front fees to worry about. Additionally, there is no cost or obligation to apply for a free evaluation of your specific case.
  • Unlike applying for a loan, there is NO credit check for a lawsuit cash advance, nor does it affect your credit score, since eligibility is determined solely on the merits of your case.
  • Getting approved for a loan takes time. But once you’re approved for a lawsuit cash advance, you can usually get your money within 24 hours.
  • Loan applications can be complicated, requiring you to disclose personal information. Applying for a lawsuit cash advance is straightforward and 100% confidential. Just fill out a simple online form, answer a few questions about your case, and we’ll take it from there.

These are just some of the key differences between a loan and a lawsuit cash advance from Global Injury Funding. If you think that you, a friend, or loved on can benefit from the financial peace-of-mind that a lawsuit cash advance provides, please contact us. Our caring, professional, and courteous staff will be there every step of the way to assist you and answer all your questions. Call us today at 800-980-2278.

 

What Happens if My Personal Injury Case Takes a Long Time to Resolve?

When a traffic accident results in a personal injury case, you could find yourself waiting for months, and even years, for your case to either settle or go to trial. During this time, you might find yourself dealing with financial issues. A process called lawsuit funding could help you get through and help you to afford to keep paying for your legal assistance during this time. During your case, you might spend months dealing with certain processes within the legal system.

Right after the accident, you are evaluated and treated. The insurance company receives this information, as well as the potential costs associated with it. During treatment, the doctors will decide if the injuries are temporary or permanent. This process can take a year or more, depending on the severity of the accident. Cooperating during this process will help your case.

Attorneys keep in contact during the treatment phase, gathering evidence towards the case. Once a doctor can provide a full evaluation of the injuries and prognosis, the attorney can submit the case. At this point, the case goes into discovery, which can last 6 months or longer. This is where all the medical evidence, traffic reports, and bills come into play. In addition, you might have to make sworn statements during a deposition.

The case will go into mediation, which will last until an agreement is made or one of the parties decides to go to trial. In many cases, mediation ends in a settlement. However, it may not. If the case goes to trial, a jury will decide what type of settlement you will get. Just to get scheduled on a docket, you might have to wait six months or more. The trial itself could last two days to two weeks; even then, it may not end there. After the trial, appeals can be made, or you might be offered another settlement, which stops the appeals process.

When hiring a lawyer for your case, you will have to ask many questions during the consultation to determine whether he or she is a good fit. Always ask about time frames and what his or her professional opinion is. Inquire about caseload to make sure he or she has time to help your case get to trial as fast as possible. In addition, do not forget to find out how outstanding medical bills are paid.

With how long a personal injury case can take, you might want to consider a lawsuit advance to cover expenses during this time. This advance depends on the specific details of your case. However, you will not have to worry about paying the amount back until you receive your settlement. If you feel this type of financing is right for you, completing the process is not hard.

To receive pre-settlement lawsuit funding, you will have to fill out an online application. The finance company will then ask for all relevant documents and contact your lawyer. If approved, you and your attorney will have to sign some forms. These forms include a repayment agreement and privacy notices. After receiving the agreement, the finance company then forwards your funds to you.

For more information on lawsuit funding, contact us at Global Injury Funding.

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Photo courtesy of renjith krishnan @ freedigitalphotos.net

Categories : Personal Injury

Worker’s Comp Cases vs. Injury Cases

When you are trying to get legal funding, the type of case that you have and how strong it is plays a major part in whether you get approved. Two types of cases that take a long time to settle are worker’s comp cases and injury cases. Due to the lengthy process and the often high payouts on these cases, petitioners (the persons requesting the cases) can get loans on the payouts.

Understanding Worker’s Comp Lawsuits

Worker’s comp cases involve employers and employees. Usually an employee will have been injured on the job and denied compensation. This compensation is called worker’s compensation. Employers have to compensate employees who were injured on the job, as long as it was an accident and the employee was not impaired. However, in many cases, employers refuse to compensate the employee, forcing the employee to enter a lawsuit.

Employers often try very hard to avoid paying the worker’s compensation. Even when the lawsuit is entered, the employer will likely fight it. The process is long and drawn out, at times, forcing the employee to either settle or get a loan to keep going to court until the lawsuit is won. This takes both time and money, which is why lawsuit loans are so popular.

The lawsuit loan allows you to borrow against the expected settlement. The lawyer often knows about how much the settlement will be, because they will ask for a certain amount in the suit. This amount includes lost wages, medical bills, and pain and suffering. If you have a strong case, you can finance your legal fees and borrow against the settlement. These loans work the same way in injury cases, which are different from worker’s comp cases.

Understanding Injury Lawsuits

Injury cases also involve two parties, but the petitioner is the person injured, and the respondent is the person, business, or entity that caused the injury. For example, if you slip and fall in a store, and it’s obvious on tape that the store is at fault, you can sue for your injuries. This would make the store the respondent to the lawsuit.

With injury cases, you can sue for medical bills, lost wages, and pain and suffering. The greater the injury, the larger your case is. Usually these cases settle outside of a courtroom. Most businesses, and home and car owners, carry insurance that pays out when the case settles. However, it is possible for the petitioner to sue for an amount above and beyond what the insurance covers. When this happens, the case usually goes to court.

Worker’s comp and injury cases are somewhat similar. Both involve a person creating a lawsuit over injuries. In a worker’s comp cases, the petitioner is an employee who was injured. In injury cases, the petitioner is a person who was injured due to another person’s fault. Car accidents are the most common type of injury case. Both types of cases usually settle, but they can go to court when neither party can agree to compensation. When this happens, the petitioner usually has to finance the legal fees in order to fight for their money.

For more information about lawsuit loans, contact us at Global Injury Funding.

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Photo courtesy of Lenara Verle @ flickr.com

Categories : Personal Injury

How to Prepare for Trial as a Personal Injury Plaintiff

Benjamin Franklin said, “By failing to prepare, you are preparing to fail.”

When it comes to a court trial, you can never be too prepared. Assuming you can sit back and let your attorney handle everything is not a wise plan. The way you present yourself, and how prepared you are, sends a message to members of the courtroom about your character and can help or hurt your case.

If you’ve been unable to get a fair settlement for your personal injury case, it may be time to go to trial. Even if you receive pre settlement funding to help pay your expenses while your case is being settled, it’s important to put your best foot forward in order to win your case.

If you can afford to have an attorney represent you, or if you can secure an attorney to work on a contingency basis, this is your best option. Whether you are preparing for trial for a medical malpractice claim, a worker’s compensation claim, or a motor vehicle accident, here is what you need to know.

Before Going to Court

  • Read your court papers thoroughly and understand what you are required to provide or bring to court.
  • Reveal any “skeletons in your closet” upfront with your attorney. Don’t let something come out in the middle of your trial that could weaken your case.
  • Gather photos and other evidence that will strengthen your case. If you had a slip and fall accident, for example, take a photo and/or video of the accident scene and gather evidence wherever possible, such as any objects that caused your fall.

The Day of Court 

The popular saying “You never get a second chance to make a first impression holds true, whether fair or not. It’s important that you do everything within your power to appear professional, calm, and collected in court.

We’ve collected a few things to keep in mind for your court day below. 

  • Dress appropriately- A conservative men’s suit, pantsuit, or skirt suit is appropriate. Do not wear casual or revealing clothing.
  • Avoid excessive jewelry- Bangles, bracelets, necklaces, large cufflinks, and big rings are distracting to the jury. Keep jewelry at a minimum, and avoid displaying religious symbols, which could consciously or subconsciously sway jurors.
  • Avoid dark glasses- Do not wear eyeglasses or sunglasses that mask your eyes.
  • Arrive early- You never know what obstacles you might run into on the way to court, so leave extra early. Being late will reflect negatively on you before you even set foot in the courtroom.
  • Bring all of your documents and evidence- Make sure to bring anything your attorney says you will need in court.
  • Be polite to the attorneys on both sides, and remember that you are being watched closely by the entire courtroom.

In the Courtroom

  • Never interrupt the judge or speak over him/her, and answer all of the judge’s questions completely.
  • Draw diagrams before court- If you are required to draw a diagram to illustrate something, such as how an accident occurred, make every effort to do it before court and bring it with you. Check it for accuracy and make sure your attorney reviews it before you present it in court.
  • When explaining a diagram, stand next to it, not in front of it, so that the judge, jury, and attorneys can see it clearly.
  • Always face others when speaking- Make sure you don’t speak with your back turned to the judge or jury, so they can hear you clearly.
  • Address members of the courtroom respectfully- Always address the judge as “Your Honor” the bailiff as “Mr./Ms. Bailiff,” etc.
  • Be aware of your body language- Never cross your arms in the courtroom; this is considered negative body language that makes you appear closed off or as if you could be hiding something.
  • Keep your hands folded in your lap when you’re not using them to gesture while on the witness stand.
  • Be alert and aware- Remember that someone is watching you all the time. Be aware of your body language and maintain a professional demeanor at all times, both in and around the courtroom.

Handling the Defense Attorney 

Defense attorneys can be tough, and it’s important to understand that when you file a lawsuit you will lose some of your privacy.

Depending on the size and severity of your case, be prepared for the defense attorney to ask intrusive questions and demand that you provide a lot of information, even if it doesn’t seem relevant to your case. A defense attorney may ask you about things like:

  • Jobs you’ve held in the past
  • Your personal and romantic relationships
  • Any lawsuits or worker’s compensation claims you’ve filed in the past
  • Doctors you’ve seen going back 10 years or more

Defense attorneys ask these probing questions in order to find something, anything, to weaken your case. It’s important to keep your cool and answer questions calmly and professionally, even when you’re asked questions that feel insulting or intrusive. If the defense attorney goes too far, your attorney will step in and object on your behalf.

In some cases, an insurance company involved in the case may even hire a private investigator to follow and digitally record you in an attempt to catch you doing something that is inconsistent with your claim. Prepare yourself mentally for all of these possibilities, and always keep your cool.

Consider Pre Settlement Funding to Help with Bills

Cases can sometimes take months or years to resolve. This is where pre settlement funding and lawsuit loans can be a huge help. You’ll get the money you need to keep your finances in check before your case is settled.

When it comes to preparing for a trial, remember these sage words: “An ounce of prevention is worth a pound of cure.” –Benjamin Franklin

Sources:

  1. http://www.courts.ca.gov/1094.htm
Categories : Personal Injury

Common Types of Injury Cases

Just about everybody can expect to suffer some kind of significant bodily injury at one time or another. Most of the time, the effects are only temporary—they may have to wear a cast for a little while, or make a trip to the hospital for a few stitches. But what happens when the injury in question can’t be dealt with so easily? What if the victim has, in fact, sustained a major, even a crippling injury that makes it impossible to resume the lifestyle to which they had become accustomed? If the injury was caused by the recklessness, negligence, or malice of another party, then it’s possible—in fact, often the best option—to file a lawsuit against the person or organization responsible. Pursuing this avenue may net a settlement or judgment that will at least partly compensate the plaintiff for their injury. Global Injury Funding specializes in providing litigation financing that allows plaintiffs to continue paying the bills while they wait for their much-deserved money. There are many types of injury cases that qualify for pre-settlement funding; let’s take a look at some of the more common ones below.

Slip and fall accidents are often associated with scammers who attempt to feign injury for money, but this is unfair, as a lot of people have suffered quite real harm as a result of falling in a poorly maintained environment. These types of falls can occur in all sorts of venues—shopping malls, oil change shops, corporate offices, and much more. If a person was seriously hurt in a fall due to someone else’s negligence, then it’s possible to win substantial amounts of money by pursuing a legal claim.

Motor vehicle accidents are another common source of injury claims—literally millions of incidents occur on the roads every year. It’s no secret that these types of accidents can be extremely serious, even fatal. For those who have been victimized by a reckless driving incident, it’s often wise to turn to the courts for relief.

Another common type of injury claim arises from accidents in the workplace. Many people suffer long-lasting injury as a result of dangerous work environments. Some occupations are more dangerous than others—construction sites tend to be more hazardous than your typical air-conditioned office—but people can be injured at virtually any place of employment.

Medical malpractice claims are also fairly common. It’s an unfortunate reality that a lot of people have been irreparably harmed by surgical mishaps and inadequate medical counsel. In fact, tens of thousands die every year due to medical error, with an even larger number suffering major non-fatal harm. Medical malpractice cases fall under the umbrella of personal injury claims, and we provide lawsuit funding for these as well.

Product liability claims form yet another type of injury case. Inadequately designed consumer products have harmed many, and this is another area where the courts can impose justice. Product liability claims usually revolve around design flaws, manufacturing defects, or “failure to warn” negligence where the company does not properly inform consumers about possible hazards.

This is not a comprehensive list of injury claims that plaintiffs may pursue. We provide legal funding for many types of injury cases; contact us at (800) 980-2278 so we can get started on your claim.

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