If You Have Been Injured As A Result Of Medical Malpractice, Will You Be Eligible For A Lawsuit Loan? (Part 1)
Posted by Dr. Tom Rhudy | Filed under Finance
Many individuals are injured due to medical malpractice. However, they are often unaware of the expense and time involved in bringing such actions. Therefore, it is often necessary to obtain a lawsuit loan to pursue the claim through to its conclusion.
Many mistakenly believe that because a physician is in practice, that physician will carry medical malpractice insurance. While it is true that many states require physicians to carry medical malpractice insurance, many physicians simply refuse to do so. The reason many of these physicians refuse to do so is the fact that they believe that in not carrying medical malpractice insurance, they will be shielded from medical malpractice claims. (It is much easier to bring a medical malpractice claim against a physician and/or surgeon who has medical malpractice insurance. Many attorneys will not get involved with your case if medical malpractice insurance is not available.)
The statute-of-limitations is relatively short in most states for medical malpractice cases. Many reasons are behind the legislation that requires that these claims be brought in a relatively short period of time. However, irrespective of those reasons, it will be necessary for you to work quickly to establish your claim and to obtain requisite information to assist your attorney in bringing such an action. You may anticipate a great deal of resistance in obtaining much of the information that you need from the facility at which the malpractice occurred. (In bringing such an action, it is prudent to retain an attorney who specializes in this area.)
A medical malpractice case is not a case in which you would want to retain an attorney who has no expertise in this particular area. Many insurance carriers hotly contest such claims. Additionally, it is often necessary to deal with adversarial elements in hospitals and/or clinics at which the services may have been performed and at which the medical malpractice occurred.
In a medical malpractice claim, it is not sufficient to demonstrate that you are injured. It will be necessary for you to demonstrate that your injury arose as a direct result of the physician’s and/or surgeon’s negligence. To make this determination, it is often necessary to retain the services of a medical expert. The need to retain such an expert makes the need to obtain a lawsuit loan even more palpable.
One of the reasons that it is necessary for you to retain an attorney has experience in the area of medical malpractice is the fact that the medical records are often cryptic and difficult to interpret. (The records will ultimately need to be interpreted by an expert in the particular area out of which the malpractice occurred.)
We will identify specific elements that must be addressed when you pursue a medical malpractice claim in Part II. We will also identify requisite elements that will assist you in obtaining that much-needed lawsuit loan.
Do you need help obtaining your lawsuit loan? If so, please visit our site and discover how to choose the best lawsuit loans for your needs.
Tags: Finance, lawsuit loan, lawsuit loans, settlement loans
Settlement Funding in Cases Involving Employment Discrimination (Part II)
Posted by Dr. Tom Rhudy | Filed under Finance
Prior to obtaining settlement funding for a claim pertaining to employment discrimination, you must first be an employee. How does the Law define an employee?
An employee is essentially an individual under the direction and control of an employer. Whether the contract is oral or written, an employment relationship may accrue. Ensure that you satisfy this criterion prior to pursuing settlement funding to sustain such a cause of action.
It is the amount of control that the company against which a suit may arise exerts over an individual in their work that determines whether one is either an independent contractor or an employee. It is important to realize that even independent contractors may file an action against a company for discriminatory practices. Lawsuit loans are frequently granted under such circumstances.
There are some states in which Employment Discrimination laws are applicable only when an employer employs five or more individuals regularly. Contrariwise, harassment actions, in most jurisdictions, are not limited to those circumstances in which an employer employs five or more individuals regularly.
It is also important to note that a claim for harassment may be brought against an employer, even if the plaintiff is the only employee. Therefore, settlement funding may be obtained in harassment cases, even if the complainant is the only employee. Furthermore, if the employer retaliates against that plaintiff for filing a complaint due to discrimination, that employee may also file a complaint against the employer and obtain a settlement loan if a suit is filed against the employer for that retaliation.
As an aggrieved employee, you may be wondering if mediation is useful. In many instances, it certainly is. The key to a successful outcome in a mediation is the mediator.
The right mediator is often someone who has either been a lawyer or a judge who has handled numerous cases similar to the case under consideration. The mediator should not be an individual who relies principally on a certain industry (e.g., Insurance defense) for most of the cases with which they have experience.
Yes, mediation may prove very useful, assuming both parties are reasonable, willing to proceed with confidence in the proceeding. An unreasonable party, however, whether it’s you or the employer, often mandates a resolution through the courts. Whether you pursue mediation or the courts, settlement funding is often readily available!
Learn more about settlement funding. Stop by our site where you can find out all about lawsuit loans and what they can do for you.
Tags: Finance, lawsuit loan, lawsuit loans, pre-settlement loans, settlement funding
Chiropractors - Their Impact on Your Chances of Obtaining Lawsuit Loans? Part I
Posted by Dr. Tom Rhudy | Filed under Finance
Many insurance carriers, as well as other payers, will attempt to convince individuals that their chances of obtaining a decent settlement will be decreased by the care and treatment chiropractors provide. However, after reviewing thousands of such cases, facts and experience clearly reveal that this is simply not true.
If major medical insurance is not available, many physicians have no interest in providing services to patients who suffer personal injury. Why not? The provider has no guarantee of receipt of payment for services rendered.
A physician who agrees to see you following such injuries, perhaps twice, will never acknowledge that it was someone else’s negligence that caused your injuries. This is done to enable the physician to get paid by the insurance carrier.
However, on those visits following such an injury, your case is severely compromised by giving the insurance carrier ammunition to argue that you sought medical attention following the incident, but there is absolutely no mention of injuries sustained as a result of the incident likely to serve as the basis of claim for which a lawsuit loan may be pursued.
On the other hand, chiropractors, will agree to provide care and treatment to such patients. Working closely with you and your attorney, the chiropractor will agree to await settlement. The inability to obtain medical attention from physicians and surgeons if you have neither insurance nor the means to pay for these services on the date administered, are factors that make these services a tremendous value.
The extensive training chiropractors receive in the evaluation, diagnosis, and treatment of injuries that often occur subsequent to the personal injuries that result from others’ negligence and serve as the likely basis of the lawsuit loan requested. After all, your request for the lawsuit loan arose out of the need for you to await settlement of the claim filed due to those injuries.
Want to find out more about lawsuit loans, then visit Dr. Tom Rhudy’s site on the benefits of your lawsuit loan to meet your needs.
Tags: Finance, lawsuit loan, lawsuit loans, personal injury
