A wrongful death lawsuit centering around the death of an iron worker who lost his life in a construction accident on the Northwestern University campus in Chicago, Illinois is moving ahead.
57-year-old iron worker, Michael Kerr, was perished on May 16, 2013. A construction crane knocked a 16-foot, 70 lb beam from the sixth story of a new building being constructed on the campus grounds. Kerr was on the ground level when the beam crashed onto his head and chest. Two hours later, Kerr was pronounced dead at the Evanston Hospital.
In response to the accident, Kerr’s son filed a wrongful death lawsuit against the general contractor managing construction at the location, Power Construction. “Far too many workers are killed in construction accidents,” said Robert Briskman, a Chicago construction accident attorney. “If the contractor was negligent, then a wrongful death lawsuit is appropriate to gain compensation for the family.”
Kerr’s son and family are seeking $200,000 in damages from the construction firm. According to allegation made in the lawsuit, Power Construction was negligent in failing to follow and maintain proper safety precautions on site, including thoroughly inspecting the work environment and securing all construction materials.
In addition generating the wrongful death lawsuit, the accident has led the Occupational Safety and Health Administration (OSHA) to conduct an investigation into the incident seeking to uncover any failure to maintain OSHA safety regulations. In November, OSHA issued a citation to Power Construction stating Power Construction failed to protect subcontractor workers from harm. As a result, the company was ordered to pay $7,000 in fines and conduct training to prevent future incidents.
Despite this citation, a finding against Power Construction in the ongoing wrongful death lawsuit is in no way assured. Power Construction may be able to free itself of responsibility in the civil case despite OSHA’s ruling.
Even if the lawsuit is not dismissed, there is always the possibility they may be able to convince Kerr’s family to settle for a lesser amount. As expenses begin to add up, Kerr’s family maybe begin to see this as an attractive option. Securing lawsuit funding, however, could provide them with the financial leverage to reject an unsatisfactory offer.
Lawsuit Funding Helps Illinois Litigants with Wrongful Death Lawsuits
Lawsuit funding provides cash advances to plaintiffs involved in civil proceedings in order to help them shoulder the financial hardships of an extended court battle. And as lawsuit funding is not a traditional loan, factors such as employment or credit history are not factored into funding considerations. The likelihood of a successful case is the only concern.
Securing wrongful death lawsuit funding requires no upfront fees or incremental payments. A lawsuit cash advance can be made available in as little as 24-hours.
And unlike traditional loans with monthly payments, the borrower of wrongful death lawsuit funding is not required to pay anything until a judgment is rendered. Should the plaintiff receive the desired outcome, the lawsuit loan repayment is taken right out of the winnings.
On the other hand, should the plaintiff lose the case, they are not required to pay anything, not even the money borrowed.
For those involved in wrongful death lawsuits, securing lawsuit funding could help to realize a better judgment or settlement. Fighting to receive a fair judgment in a wrongful death lawsuit can be a long and trying process; empower your fight with lawsuit funding.
When a man complained about a drug he was given for leg and back pain, his doctor altered his prescription to methadone, a narcotic pain killer.
The man took the prescription to a Walgreens pharmacy and took the first of the pills.
36 hours later he was found dead on the bathroom floor.
The decedent suffered from neuropathy, a problem that affects the peripheral nerves which causes pain in the back and legs. He was given prescriptions for Neurontin and OxyContin, but felt uncomfortable taking these drugs as he would fall asleep unexpectedly.
The family’s physician prescribed a change to the drug, methadone, dispensed as 10-milligram pills. The prescription stated he should swallow four tablets two times a day for the chronic pain.
But the local Walgreens pharmacy added an instruction which stated to take one tablet “as required”. This is a vast difference between what he should have been advised. The quantities the man took were sufficient to cause his death.
Walgreens spent at least $1 billion on safety systems at their pharmacies over the last few years. Prescription errors rarely take place. But when they do, there are serious consequences for the families concerned.
If there is a prescription error, the victim or his/her family may be entitled to file a wrongful death or personal injury lawsuit against the entity which prescribed the drug. Decisions by juries in Arizona, Illinois and Florida have come to $61 million in verdicts related to prescription errors in Walgreens pharmacies in just three trials alone.
Once a personal injury lawsuit has begun, it can still take up to three years to fully litigate. Meanwhile, expenses continue to mount and plaintiffs sometime find themselves in a financial bind.
Lawsuit Settlement Funding Provides Relief
Settlement funding transactions (also known as lawsuit loans or lawsuit funding) are a perfect match for this type of situation.
Settlement funding companies offer advances to litigants while they wait for their lawsuit to reach settlement. In return, plaintiffs pledge a portion of the proceeds of the case, once it settles.
Almost anyone with a lawsuit can apply for settlement funding. Most companies require an attorney be retained. For personal injury and wrongful death cases, attorneys normally agreed to a contingency fee, which means the attorney is only paid for his/her services, if and only if the lawsuit is successful.
Likewise, lawsuit settlement funding transactions are only repaid when a lawsuit reaches settlement or is otherwise successfully resolved. In other words, lawsuit funding is a no risk proposition for litigants in a financial crunch.
Settlement funding companies do not make credit checks because settlement funding is not an advancement of credit. Although sometimes called lawsuit loans, the deal is actually a partial selling of a future asset. As such, the creditworthiness of the applicant is irrelevant.
Further, there are no restrictions of the money’s use. The lawsuit cash advance is used entirely at the client’s discretion.
Thousands of plaintiffs use settlement loan companies to relieve their financial burdens while waiting for settlement of wrongful death and personal injury lawsuits.
Two weeks ago a nurse, a mother of three, was killed by a drunk driver when she was on her way to work.
The crash took place on Long Island and has now resulted in the filing of a multi-million dollar wrongful death lawsuit against the person who caused the death.
Monica Peterman, 45, was driving her 2009 Mercedes to work when a car veered out of its lane on East Main Street and Route 111 in Smithtown on June 14 and struck the side door of her vehicle. The driver, a cardiologist from Setauket, was caught allegedly driving while under the influence of alcohol. He subsequently ran from the scene and was apprehended not long after, allegedly smelling of alcohol with little control over his speech and movement.
Peterman’s family is now seeking damages worth between $10 and $20 million against the doctor as well as against any bar he may have consumed alcohol at that evening.
Cases like this take place in New York and other American cities every day and not all families realize they may have the right to file a wrongful death lawsuit against the person who caused the accident.
The decedent’s family sustains a financial loss as well. This financial loss is calculated based upon how much income the deceased person was contributing to the family’s everyday financial needs. Now that the victims have retained an attorney, they are eligible to apply for lawsuit funding while awaiting the outcome of their case.
Clearly, no amount of money can adequately compensate the victims for their loss. But because a great deal of damages are at stake, the lawsuit could very well take years to resolve. Meanwhile, bills still need to be paid and the loss in monthly income could pose a real problem for the family.
Lawsuit funding, also known as settlement funding or settlement loans, are agreements to sell a portion of the future proceeds of a lawsuit in exchange for cash. The money can be used as the client deems fit and there is normally no upfront cost to apply.
Legal funding is available to anyone who has suffered a personal injury or for family who have suffered the loss of a family member and has filed a wrongful death lawsuit. There are many types of personal injury and wrongful death lawsuits including, medical malpractice, product defects, prescription errors, elevator accidents, motor vehicle accidents and pedestrian and cycle accidents.
Many victims and their families may find they have the right to file a lawsuit against the person who caused the accident. Often, though they may think they cannot afford the legal fees or they will have more to lose if the case is lost.
This is not the case, as most personal injury lawyers only get paid if the case is successful. Likewise, lawsuit funding contracts are not repaid unless the lawsuit reaches settlement or there is a trial verdict or other recovery. There are no limitations on the lawsuit cash advance as the money can be used for anything at all.