In a recent article published by First Tracks Online, news of a recent New Jersey Appellate Court decision with regard to a personal injury action hit the internet.  The case involved an accident which occurred at the Mountain Creek Resort in Vernon, NJ wherein the plaintiff in the lawsuit alleged negligence against the owners and operators.  Plaintiff’s injuries were severe, requiring multiple surgeries and a lengthy hospital stay.

Interestingly, the defendant’s alleged negligence has yet to be decided by a trier of fact.  Instead, the recent decision involved an particularly unique twist.

After filing the lawsuit, the plaintiff purchased a season lift pass at Mountain Creek the following year.  One of the provisions of the season pass was the release of all past and future claims against the resort.  The issue before the court was whether the purchase of the season pass barred any recovery for the injuries sustained in the prior accident.  The lower court held that it did.  The Appellate Division agreed.

Persons who suffer injury or are otherwise damaged by the negligence of others and have a case pending under state premises liability negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

A Eugene, Oregon couple filed a products’ liability lawsuit against General Motors for personal injury sustained as a result of seat warmers in their Chevrolet Silverado.  Plaintiff asserts in the lawsuit that he sustained severe burns to his leg because he was unable to feel that the electric powered seat heaters were burning his skin.

The lawsuit alleges that GM knew or should have known that the seat heaters created a danger to those individuals who are unable to feel heat, such as paraplegics.  Plaintiff charges that there were past complaints by paraplegic users with regard to the seat warmers and that severe burn injuries were also previously known.

The lawsuit seeks $200,000 in economic damages for his medical expenses, and $2 million in non-economic damages for his pain and suffering.  The suit also seeks $3 million in punitive damages for the company’s reckless indifference to the end user’s safety by continuing to sell vehicles with a known defect.

Persons who suffer injury or are otherwise damaged by defective products and have a case pending under state negligence (products’ liability) laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

According to timesunion.com, a Sarasota, New York judge, who is running for a seat on the New York State Supreme Court, recently filed a negligence lawsuit against a snowboarder in connection with an accident that occurred at Gore Mountain Ski Resort.  The lawsuit alleges that the snowboarder failed to maintain control and slid into the plaintiff causing him severe and possibly permanent injuries.

The defendant’s father went to the press, indicating that it is in the public interest to know what type of people they elect to higher public office.  Whether or not the plaintiff should have filed a lawsuit is beside the point.  State personal injury lawsuit allow for victims to be compensated for their injuries if caused by the negligence of others.

Persons who suffer injury or are otherwise damaged by the negligence of others and have a lawsuit pending under state negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  case is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

The Florida State legislature passed a bill (HB 119), which takes aim at Personal Injury fraud statewide.  The House’s passage will compete with a Senate anti-fraud bill (SB 1860) targeting the same goals, according to the Miami Herald on Friday.

The bill seeks to cap attorney fees in payment disputes over medical services provided in connection with a automobile accident and/or lawsuit.  The measure would further require any injured plaintiff to seek medical attention within 7 days of the accident, if he/she wants the personal injury coverage to pay medical expenses for injuries.

Personal injury lawsuit reform bills usually meet strong resistance from state personal injury trial attorneys as well as consumer protection agencies.  HB 119 was co-sponsored by CFO Jeff Atwater and Gov. Rick Scott.

Persons who suffer injury or are otherwise damaged by automobile or other accidents and have a case pending under state negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

US Drug Watchdog seeks to find ALL the victims of faulty Depuy Hip Replacements.  The artificial hip was supposed to last at least 15 years but most of them are failing at a must faster rate.  Metal on metal is causing splintering and other complications, thereby making it very uncomfortable or even impossible for the recipient to walk.

There has been about 100,000 all metal hip replacement and only a handful of people have come forward to collect.  The US Drug Watchdog is working on finding the victims or their family members to make sure they are able to work with an attorney who can get them the justice they deserve.

Persons who suffer injury or are otherwise damages by defective products and have a case pending under state or federal product liability laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

Senate President Pro tem Darrell Steinberg recently introduced a bill that seeks to overturn a state Supreme Court decision regarding the recovery of medical costs in personal injury lawsuits.

Last August, the California Supreme Court limited how medical damages could be calculated in personal injury cases.  The issue in the case (Howell v. Hamilton Meats) was whether an injured person could collect the full medical bills imposed by medical providers, or would be limited to the amounts actually paid by insurers.

Steinberg’s Senate Bill 1528, introduced last Friday,  “require(s), in order to ensure the public policy of all injured persons being compensated equally, that an injured person is entitled to recover the reasonable value of medical services provided without regard to the amount actually paid…”

The measure would be a win for plaintiff attorneys and their clients.  Insurers claim that if the Bill becomes law, it would cost billions of dollars a year.

Persons who suffer injury or are otherwise damaged due to the negligence of others and have a case pending under state negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

When a Texas women was unable to get in touch with her 68 year old father she did what any daughter would do, she drove to his house and hoped for the best.  Unfortunately what she came to find was a house covered in soot and filled with black smoke.  She used the walls as a map to her find her father lifeless on the floor of the bathroom next to the heater.  He also had a blanket of soot covering his body.  She rushed from the home and immediately called 911.  She was treated along with 4 other fire fighters for exposure to toxic fumes from the house.  Her fathers death was ruled to be from smoke inhalation and carbon monoxide poisoning.

When investigators looked into the cause of the death they discovered that the 18-month-old furnace had been installed without a permit; a pipe was discovered to be completely clogged with soot, and smaller than the required pipe would have been, also, notable installed in the wrong location and to close to flammable. The company is expected it reveal the results of the combustion test that was performed but never disclosed since the daughter filed a wrongful death lawsuit.

Persons who suffer injury or are otherwise damaged due to the negligence of others and have a case pending under state negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

A trial court recently reached a verdict in a personal injury action involving a pedestrian and an City truck.  While walking in a private driveway, the plaintiff was struck by the City truck, driven by a police officer, causing severe and permanent injuries.

The trial court disagreed and found for the defendants.

Persons who suffer injury or are otherwise damages by the actions of public entities and/or their employees AND have a case pending under state negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.

Manasquan, NJ (PRWEB) January 20, 2012

Fair Rate Funding, an industry leader in the lawsuit funding business, announces the dedication of $5 million to help plaintiffs involved in Depuy Hip Replacement lawsuits cover some expenses while the action(s) are resolved.

In March, 2009, attorneys filed the first lawsuit in the country on behalf of a patient suffering a revision of a defective DePuy ASR hip implant in the Northern District of California Federal Court (Case No. C 09-01993 JL). In 2010, Johnson and Johnson recalled the product. Since then, thousands of plaintiffs have joined in legal actions against the manufacturer. This increase in complainants, while ultimately offering some relief to the victims, will unfortunately delay the distribution of monetary damages to future plaintiffs.

Fair Rate Funding currently offers pre settlement loans for a wide variety of legal actions, including automobile accidents lawsuits, slip and fall cases, medical and legal malpractice actions, Jones Act cases and many other legal proceedings. With the addition of funds specifically earmarked for DePuy cases, Fair Rate Funding plans to meet the growing need for pre-settlement funding for victims of the DePuy Hip products offered by Johnson and Johnson throughout the last decade.

Paul Coppola, President of Fair Rate Funding indicated an increase in application volume in recent months. “We decided to meet this increasing demand for funding by seeking out additional pools of funds to help these individuals,” Coppola said. “Fair Rate Funding now possesses more than adequate resources to fund DePuy Hip Replacement lawsuits.”

Coppola said that DePuy cases were funded by Fair Rate Funding in the past however, the amount of dollars available was capped at $10,000.00 to $15,000.00. “Because we were able to secure these additional funds, we are able to offer more money on DePuy cases than ever before,” Coppola continued. “Clients may expect approvals up to $50,000.00 in some cases.”

Applicants can apply for pre-settlement funding by calling 888-964-2224 or visiting http://fairratefunding.com. Fair Rate Funding offers lawsuit loans to plaintiffs who qualify. Once the process is completed; clients can expect their money in as little as 12 hours.

An Iowa Professor recently published a paper in the Minnesota Law Review calling for appropriate legislation to deal with the growing lawsuit funding business.  The piece discusses the lawsuit funding industry in general and makes some recommendations with regard to the regulation of pre settlement financing as a whole.  More specifically, the author recommends the following:

• Eliminating the legal prohibition against champerty – the legal doctrine that precludes a party to a lawsuit from transferring his/her/its rights under the lawsuit to another entity.
• Extending the protections of the attorney-client privilege to include the lawsuit funder in the relationship.
• Allowing attorneys to work directly with pre settlement loan companies.
• Mandating the inclusion of consumer protection principles to funding contracts.

While it is unclear whether various state legislators would be willing to spend time and resources on regulating this growing industry, it is evident more and more plaintiffs are utilizing these services to help assist them while their lawsuit is pending.

Persons who suffer injury or are otherwise damaged by others and have a case pending under state or federal laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.