Attorney fought a “Frivolous Defense” for four years, but justice was served

A Brooklyn woman who suffered traumatic brain injuries after a hit-and-run accident has been awarded $22 million, the largest personal injury deal in state history. On her 32^nd birthday in 2008, the woman was crossing a Manhattan street when she was struck by Duane Reade truck. She suffered brain damage, blindness and can hardly speak. Her injuries likely require her parents to take care of her for the rest of her life.

Her family filed a personal injury lawsuit against the pharmaceutical company claiming negligence on the part of their driver. Under the theory of vicarious liability, Duane Reade could be held legally responsible for its employee's negligence because the driver was on the clock working for the company at the time of the accident.

Duane Reade denied liability for years claiming the woman slipped on ice and fell under the rear wheel of the truck after it made a turn. The plaintiff’s attorney could not prove otherwise. The first trial ended in 2012 without a decision. It took another year before a second trial got underway. By this time, the plaintiff’s attorney was able to prove through witnesses and medical testimony that she was hit in the crosswalk by the front of the truck. Also revealed during the second trial was the truck’s drivers’ negligent, even malicious actions immediately after the accident. Instead of calling 911, the driver first called his union and bosses at Duane Reade. By early 2014, the defendant was willing to negotiate; both parties agreed to the $22 million settlement.

It took four years for justice to prevail because of a frivolous defense. Since the burden of proof is on the plaintiff in a civil case, the plaintiff’s attorney was forced to spend hours and hours of discovery, retaining experts, and preparing for trial. The victim was dragged through a legal impasse for years. This was done for no reason other than to prolong the litigation and make the plaintiff drop the case or be more desperate to settle for less.

The legal finance industry of which Lawsuit Financial is a part, was born out of frustration with conduct like just like this. A lawsuit cash advance can temporarily remove financial desperation, even the odds, and allow the plaintiff time to obtain an injury appropriate settlement. I don’t know whether this plaintiff sought a similar service, but it is available to all plaintiffs who fall victim to frivolous defense tactics.

If you have been seriously injured in an auto accident due to the negligence of someone else, have filed a personal injury lawsuit, and the case is dragging on longer than expected, you may benefit from lawsuit funding. There is no application fee, no monthly payments, and no credit checks or employment verification. Funds are provided based on the case-value only. Once approved, a check can be wired directly into the client’s bank account within 24 – 48 hours. This non-recourse cash advance is completely contingent upon the outcome of the case. Repayment is made once the case successfully settles, but if the case is lost, repayment is waived in its entirety.