Friday, February 26, 2016

Settlement Reached In Landmark Civil Case Stemming From 2008 Firetruck Crash



A settlement has been reached in a 2008 case that has been cited in more than 100 legal decisions, and ultimately redefined the standards that apply to emergency vehicle operators.

Nearly eight years ago, city firefighters were responding to a report of a vehicle fire when the firetruck, with its lights and sirens on, struck a van. The 72-year-old driver of the van and his four-year-old stepson were killed. A wrongful death lawsuit was filed Sept. 22, 2009 contending that the firefighter drove the fire engine at excessive and unsafe speeds given the neighborhood and the nature of the emergency. 

The case bounced from Common Pleas Court to the 5th District, to the Ohio Supreme Court and back since a Stark County judge first ruled in 2010 that the city and its firefighters were immune to prosecution in the case. In 2014, the 5th District Court said neither the city nor the firefighters should have immunity if a civil trial finds that the actions of firefighters were “wanton and willful” leading up to the crash. The settlement, which was reached last week, is subject to approval in probate court.

This case underscores the need for, and power of, lawsuit funding in serious injury and wrongful death litigation. This case took eight years for a verdict to be rendered, a long time to wait for compensation for the loss of a loved one. It may have put tremendous strain on the family’s financial resources. A lawsuit cash advance may have help reduce the financial stress of outstanding bills and funeral and burial expenses. Lawsuit funding is also an important litigation tool because the legal system can often work slowly, as it did here.

There are no credit checks or employment verification. We determine if a case qualifies for funding based solely on the facts of the case. If approved, we can typically overnight or wire-transfer funding within 24 – 48 hours. Repayment is only made once the case settles – in this case, eight years later. If the case is lost, the repayment is completely waived.

Lawsuit Financial Corporation has more combined litigation and litigation funding experience than any other company in the lawsuit finance marketplace. Call us at 1-877-377-SUIT (7848) for a free consultation regarding your lawsuit and your lawsuit funding situation.

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