Judge Rules Lawsuits Can Be Heard, but it Doesn’t Speed Up the Litigation Process

In December 2013, a private passenger ferry ran aground near Battery Island, North Carolina, sending passengers flying and injuring 14 people. One passenger said it was like "hitting a brick wall.” Fifty-three passengers were aboard the 64-foot ferry at the time of the accident. According to a U.S. Coast Guard Report of Investigation, the captain of a Bald Head Island ferry likely was daydreaming at the time of the accident.

Nine of the injured passenger and one injured crew member filed lawsuits. Despite a request by the Bald Head Island Transportation (BHIT) to dismiss pending claims, a federal judge recently paved the way for the suits to move forward. In his ruling, Judge James Fox stated that the boat’s owners “had knowledge that Captain Melton was chronically inattentive while operating the ferry and had already received several warnings in yearly performance reviews. Fox said because of a pattern of documented inattentiveness, the vessel's owner could be held liable by continuing to employ the captain. Coworkers also testified about Melton’s distractions and frequent breaks away from the helm. Other issues in the ruling included the fact that no crew member was serving as a lookout on the day of the incident; Melton was traveling outside the marked channel; and the grounding alarms were out of date or turned off the day of the incident.

While Judge Fox’s ruling ensures that the lawsuits will be heard, it does not speed up the slow judicial process.  Plaintiffs in these cases may still have to wait years before their case is resolved and they receive any settlement or award monies. Meanwhile, if bills and expenses are mounting, some may be tempted to settle too soon, for too little just to stay financially afloat. Fortunately, there is another option – litigation funding.

Litigation funding from Lawsuit Financial is a cash advance against the expected recovery. This type of legal funding is not a loan; there is no credit check, employment verification, or monthly payments. The only collateral is the strength of the case. Repayment is made from case proceeds, but if the plaintiff does not successfully settle, the cash advance does not have to be repaid.

If you are in a pending have filed a lawsuit against Bald Head Island ferry or any other corporation due to negligence and are seeking litigation funding contact us today. The application is free, and once approved, your cash advance will be wired to your bank account or sent overnight by courier within 24- 48 hours.