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.

When the Legal System Crawls at a Snail’s Pace, Lawsuit Funding is a Godsend

In yesterday's legal marketplace, cases were often settled early and for too little, simply because plaintiffs could not sustain themselves financially during a pending lawsuit. Today, plaintiffs may be eligible for lawsuit funding.

For those unfamiliar with lawsuit funding and how it works, let me explain. Lawsuit funding is a cash advance to a personal injury plaintiff in exchange for a promise to repay the amount of the advance plus interest when the plaintiff receives a settlement or judgment from the pending claim. Funding is non-recourse meaning that if the plaintiff loses, the repayment obligation is forgiven.

The strategy behind lawsuit funding is to help plaintiffs avoid feeling pressured to accept a settlement too early, for too little. In effect, it levels the playing field and buys the plaintiff time to achieve full case value. Although the cash advance can be used anyway the client chooses, typically the funds are to pay outstanding medical bills and daily costs of living, such as mortgage payments, food and other important expenses. The only requirements are that the applicant is represented by an experienced attorney and the case has merit. There are also no credit checks required, so plaintiffs suffering from a bad credit rating or other credit challenges will never be turned away. There are also no need to check employment history. Additionally, there are no upfront fees or monthly payments. In fact, the only payment is when the case settles at which time repayment comes directly from the proceeds of the case.

Lawsuit funding is available for many types of cases - auto accidents, medical malpractice, slip and fall accidents, wrongful deaths, construction accidents, traumatic brain injuries, and more. Once an applicant is approved, cash can be available in 24 - 48 hours. Plaintiffs can begin paying bills immediately so they can focus on healing physically and emotionally while their attorney focuses on obtaining a fair settlement. 

If you are worried about financial issues resulting from your accident and injuries; if you are facing eviction, foreclosure, or repossession of your vehicle; if you unable to put food on the table, pay medical expenses or other necessities of life, what you do not want to do is settle your case for less than you deserve. Get back financial control of your life by contacting Lawsuit Financial. The application process is quick and easy, and can be done online or over the phone. We also offer a free, no-obligation consultation. Don’t delay; call today! 

About Us
Lawsuit Financial Corporation is a leader in the lawsuit funding industry and recognized by attorneys nationwide as a preferred choice for legal funding services. We are dedicated to securing lawsuit cash advances to plaintiffs based on case assessment only. Every case is thoroughly reviewed to ensure the highest probability of being funded. With a streamlined process, our professional staff works to ensure that each request for funding is processed quickly and efficiently, with funding available in as little as 24 hours. Lawsuit Financial prides itself on honest and exceptional customer service. Putting our clients, and their specific funding needs, first is our number one goal.