Lawsuit funding is the process of advancing money to plaintiffs in return for a portion of the proceeds of their lawsuit. The money can be used to fray the costs of litigation or to pay for daily expenses while the matter is litigated. Below are the top 5 things applicants should know when applying for lawsuit settlement loans. [Read more…] about Lawsuit Settlement Loans – Top 5 Things You Should Know
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Lawsuit Funding NJ of Soft Tissue Cases
At Fair Rate Funding, we process over one thousand inquiries each month. Our clients request funding amounts ranging from $1,000 to $400,000. Also, we routinely receive applications for lawsuit funding amounts of less than $1,000. Although some plaintiffs with “heavy” cases may only need a few bucks, the majority of our clients who are approved for less than $1,000 are involved in personal injury lawsuits with “soft tissue” injuries. Thus, if you live in NJ, these applications are for New Jersey soft tissue funding.
Defining Soft Tissue in New Jersey
How to define a soft tissue case has changed considerable throughout the years. The term was originally used to describe “whiplash” type of injuries sustained in personal injury lawsuits such as automobile accidents. Soft tissue was used to describe an injury which only involved muscles, flesh and body tissue such as a bruise, sprain or muscle spasm. When comparing this type of injury with tears to ligaments, bone fractures, or other more severe conditions, soft tissue injuries were so categorized so as to minimize their severity.
The use of imaging equipment such as x-rays, MRI’s and CT Scanners, increased the accuracy in which injuries are diagnosed. Conditions such as ligament tears, herniated discs between the vertebrae, fractures and other conditions are all objectively seen by doctors, lawyers and insurance companies through the use of these incredible machines.
In response, insurance companies took the liberty to label injuries without objective evidence (e.g. a positive x-ray for fracture) of injury as “soft tissue” injuries. Generally, and as it pertains to orthopedic injuries, a “soft tissue” injury became defined as injuries where no abnormalities are found on any objective imaging study.
Redefining “Soft Tissue”?
As stated above, a soft tissue injury historically meant an injury involving the muscles and excluding more severe injuries such as those that can be seen on an imaging study like an MRI. Over the years, insurance companies and their attorneys tried to expand this definition. Currently, defense attorneys and their clients routinely attempt to include such positive findings disc bulging and/or herniations into the ‘soft tissue’ definition. The argument being that even though it comes up on the study, the injury is not severe.
For example, in no-fault auto insurance states such as New Jersey and New York, a positive finding of disc bulging in an MRI met the “objective evidence of injury” test in the past. Presently, defense attorneys attempt to remove injuries with these types of findings from the pool of compensable injuries. In many instances, this endeavor has been successful with many local judges dismissing cases despite positive diagnostic findings.
This is particularly troublesome for personal injury lawsuits with limited injuries and treatment since dismissing a case removes the prospect of trying the case before a jury. Instead, plaintiffs and their attorneys must weigh the cost of fighting the dismissal on appeal with any expected settlement. In some instances, appealing a dismissal is simply not worth the additional time and effort.
What to Expect When Applying for New Jersey Soft Tissue Funding
Because there is more limitation on these painful injuries, lawsuit funding operations must adjust their approach to help mitigate the additional risk.
One such adjustment is to eliminate the funding of soft tissue cases altogether. Many lawsuit settlement funding businesses simply do not consider personal injury lawsuits involving slip and falls, or other premises liability injuries, without a surgery. Some lawsuit funding companies only consider automobile cases which have a positive finding of abnormality on a MRI or CT Scan and some additional treatment such as extensive physical therapy, if there is no surgical intervention involved.
Another adjustment might be limiting the settlement loan amount. When approved, NJ soft tissue funding generally involve $1,000 or less.
The mission of lawsuit funding as an industry is to provide financial relief to those unfortunate plaintiffs who face financial pressure while their lawsuit is pursued in the court system. Applicants often request small amounts of funding against their lawsuit, regardless of the severity of their injury. Small lawsuit funding amounts satisfy this mission as well provided the risk in providing them is adequately calculated.
Thanks you for your interest in New Jersey soft tissue funding.