Tuesday, April 7, 2015

Plaintiffs of Drunk Driving Accidents Secure Financial Stability with Lawsuit Funding



Drunk drivers cause accidents every year, thousands resulting in the death for innocent victims. If you or someone you love has been involved in a drunk driver accident, you know how devastating it can be. While healing from your injuries or loss, you may be waiting for a lawsuit to settle, but this can take years.  If faced with the burden of bills piling up, you may be able to secure pre-settlement lawsuit funding.

After 3 ½ years, an undisclosed settlement has been reach between a New York doctor and the family of a skateboarder he struck and killed while driving under the influence.

On July 8, 2011, the 18-year-old was riding home from her job at a pizza establishment when she was struck by a BMW driven by the doctor. The force of impact sent the teen flying over the hood of the BMW, before landing on a lawn 150 feet away.  She died at the scene.  The doctor, who was returning home from a golf outing, fled the scene. He later said that he did not realize he hit someone.

The doctor was acquitted of manslaughter, leaving the scene of an accident and evidence tampering, but he was convicted of misdemeanor drunken driving and sentenced to the maximum one-year jail term. He was released after serving eight months.

The wrongful death lawsuit filed by the teen’s parents sought damages for the terror and psychic injury they allege their daughter suffered before she was hit, her pain and suffering before she died, and their economic loss as a result of her death. They also sought punitive damages to punish the doctor for his actions that night and discourage others from similar conduct. The suit not only claimed the doctor was driving under the influence, but that he was also texting and traveling partly over the fog line, into the bike lane at more than 50 mph in a 35 mph speed zone before he hit the teen. The defense alleged that the teen was partially to blame for her death as she was texting before the accident and was seen by another motorist crossing the road on her longboard minutes before she was struck and killed.

The plaintiff’s attorney said the undisclosed settlement was worth avoiding years of litigation and appeals.  Additionally, given the wrongful death statute in NY, there are limitations on what a jury can award. Although the family felt there would never be closure in the loss of their child, they did not want to spend another three-to-five years in litigation.

In cases such as this, pre-settlement lawsuit funding can provide emergency cash while waiting for a settlement. It also helps to prevent damage to a plaintiff's credit score. Pre-settlement funding is not a loan; there are no monthly payments or credit checks. In most cases, a lawsuit cash advance can be available within 24 – 48 hours. Best of all, lawsuit funding is a non-recourse cash advance based solely on the merits of a pending lawsuit. It is repaid only upon a successful settlement. If the plaintiff does not receive a favorable cash settlement, he/she need not pay back the cash advanced.

In the right situation, for the right plaintiff, pre-settlement lawsuit funding is clearly a service that plaintiffs and personal injury attorneys should consider at a strategic time in the litigation. Call or visit Lawsuit Financial to learn how litigation funding can help you.

No comments:

Post a Comment