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Author: karan k

The Dangers of Settling Too Soon in An Auto Accident Claim

Posted on by karan k

You recently got injured in a car accident. Now, you have lots of medical bills to pay for your treatment as well as damage to your car that you’re going to have to cover. Instead of paying for everything out of pocket, you want to seek a settlement from the other driver’s insurance company.

However, you don’t want to settle too soon. Here are some reasons why.

You Won’t Get the Settlement You Deserve

While it’s a good idea to try to get a settlement from the responsible party, you should keep in mind that their insurance company is going to offer you the lowest settlement possible. Their first offer is going to be low.

They figure that perhaps you’re worried and anxious and you’ll take whatever they provide you. Or maybe they think you are inexperienced and don’t know any better. If you settle immediately, then you won’t be able to negotiate for a higher settlement later on, even if you find out that you have to cover more costs than you bargained for.

Note: You should never settle with a driver, either. They may offer you cash to keep the insurance companies out of it. But if you accept this, you’ll definitely get less than you deserve.  

Your Injuries Could Get Worse

Let’s say you suffered from whiplash or back pain as a result of your accident. You think: this isn’t so bad. I’ll just take whatever settlement the insurance company offers me because my injuries will heal on their own.

But if you do that, you’re taking a big risk, because your injuries could get worse over time. They may seem to “go away,” but then suddenly flare up down the line. And then, you’ll be stuck with those medical bills if you aren’t actively involved in a lawsuit. You know, of course, how expensive medical treatment can be.

Instead of taking that first settlement offer, it’s a good idea to get treatment for your injuries for as long as you need. When you feel better, your lawyer can pursue a proper settlement to pay for your medical bills and associated costs.

You May Not Factor in Other Damages

You know that you could get a settlement for your medical bills and the damage to your car. But did you know that you could also receive money for damages like pain and suffering, loss of wages, and loss of enjoyment of life?

For instance, if you have to take off work to go to doctors’ appointments, you’d lose money from your job. That could be factored into your settlement. Or, if you can no longer partake in your favorite hobbies, that could be considered a loss of enjoyment of life, and you could get money to cover that as well. If you settle too early, you won’t be able to include these kinds of damages.

What If I Can’t Afford Medical Treatment?

You may want to settle because you can’t afford medical treatment. If this is the case, you could receive care through your personal injury attorney’s network of providers. They will use a medical lien to cover the cost of your care, and then when you receive a settlement, your lawyer will pay your providers back first before giving you your share. You could also choose to go through your own insurance and then reimburse yourself when your case settles.

What If You Can’t Afford a Personal Injury Lawyer?

If you’ve never been involved in a personal injury case, you may not know how payment to your lawyer works. Personal injury lawyers work on a contingency basis, which means that you won’t pay them anything unless you win. In your first meeting with your lawyer – which is typically a free consultation – you will learn about the terms and conditions involved with retaining legal representation with their firm. This way, there are no surprises later on and you won’t have to pay anything upfront.

Increasing Your Chances of Getting a Settlement

Make sure that when you meet with your personal injury lawyer, you bring all proof you have that the accident wasn’t your fault, including photographs of the scene, witness statements, and a police record. Also, hand over your medical records or let them know where you received treatment so they can collect them.

Stay on top of your care by going to your appointments, getting recommended tests done, and taking prescriptions, if necessary. This will show the insurance company that your injuries are serious.

If you have questions at any point during the process, reach out to your personal injury lawyer for help. And if you aren’t happy with the settlement you’re set to receive, you can always ask your personal injury lawyer how they came to that amount or if it’s possible to renegotiate for a higher amount.

Receiving Pre-Settlement Funding While Waiting for a Fair Settlement

For many car accident victims, the idea of waiting several months or longer to get their settlement money seems untenable to say the least. With the bills piling up and the inability to go back to work for a while, they just can’t afford to wait – they need their money now. This is exactly why lawsuit funding was created.

Lawsuit loans, also known as pre-settlement loans or pre-settlement funding, are upfront cash advances that are secured by the borrower’s eventual settlement. Lawsuit advances are non-recourse, which means that you only have to pay it back if you recover compensation from your lawsuit. If you lose your case, you owe nothing.

During auto accident cases, it always seems that the insurance companies have the upper hand. Their adjusters are professionals who handle claims week in and week out, and they know that injury victims are most often motivated to get their settlement money quickly. This is why they typically give an insultingly low offer in the beginning; because they are hoping that you will take the fast money and be done with your case.

With a car accident loan, you can turn the tables on the insurance company. By receiving a portion of your settlement upfront, you will have the money you need to cover your immediate expenses while your attorney builds a strong case on your behalf and negotiates the best possible settlement with the insurer.

If for some reason the insurance carrier is not willing to negotiate in good faith, you will be a lot less concerned about the protracted timeframe involved with going to trial. Juries can be unpredictable, but oftentimes, they rule heavily in the favor of injured parties and award large amounts in damages. A pre-settlement loan will make it a lot more feasible for you to take the time to go through litigation if that’s the direction your case goes.

Get the Best Deal on a Pre-settlement Loan through Direct Legal Funding

If you are interested in a car accident lawsuit loan, Direct Legal Funding is here to help! We provide lawsuit cash advances at the most competitive interest rates in the industry, and your funds can be in your bank account within 24 hours after approval.

There are no credit checks and there is no collateral required to obtain pre-settlement funding. You just need to be working with an attorney, and our underwriters will need to have a short conversation with your attorney to verify some information about your case.

To learn more about car accident loans and/or to start your application, call us today at (866) 941-5588 or apply online. We look forward to serving you!

Emerging Hernia Mesh Litigation – Strattice

Posted on by karan k

Emerging Hernia Mesh Litigation – Strattice

Multi-County litigation is heating up in New Jersey state court over allegedly defective Strattice hernia mesh.

As of January of 2022, a New Jersey judge was selected to oversee the lawsuits. Five plaintiffs’ attorneys and two defense attorneys are in a leadership position in the state court multi-county litigation (MCL).

New Jersey Superior Court Judge John C. Porto from Atlantic County will head the MCL. Consolidating the growing number of cases filed so far is intended to avoid conflicting lower court rulings and discovery issues, so the cases move through the court system.

The Strattice hernia mesh products are designed, manufactured, marketed, and sold by LifeCell Corporation, Allergan Inc., and Allergan USA, Inc., based in New Jersey. The plaintiffs are from several states, including Arizona, Ohio, California, Wisconsin, Texas, as well as New Jersey.

In June 2021, lawyers for the growing number of plaintiffs requested that all Strattice hernia mesh lawsuits be consolidated under one judge. All alleged the hernia mesh was defective and failed, resulting in serious injuries and additional medical intervention.  

Judge Porto will be in charge of pretrial proceedings and a series of bellwether trials, selected by both sides to determine the relative value of the cases and how they should be tried in the court.

The plaintiff attorneys predicted hundreds of additional cases would be filed against the defendants.

Hernias and Mesh

With more than one million hernia operations in the U.S. performed every year, the vast majority of them, more than 90%, used mesh to reinforce a tear in the abdominal wall.

The wall can tear for several reasons. Obesity is a condition that puts additional pressure on the abdominal wall. Some of us have inherited weaker tissue than others. Smoking and poor health can weaken the strength of the abdominal wall allowing intestines and abdominal organs to push past the wall, thus creating the hernia.  

Unlike polypropylene mesh, Strattice mesh is considered a biologic hernia mesh product. In this case, it is created from porcine or a pig tissue graft. Also called a xenographic graft, Strattice was specifically made to repair a hernia because they allegedly reinforce or bridge body wall defects.

First introduced to the market in 2008, the pigskin is intended to produce a “cross-linked graft,” allowing the implant and the tissue to grow together, strengthening and reinforcing the area of the abdominal wall torn, which allows the intestines to push through.

The graft is preserved in a phosphate-buffered aqueous solution and was intended to be an alternative to polypropylene and its associated problems such as the body’s rejection of a foreign substance, the hosting of infections, and mesh erosion.

Instead, plaintiffs contend that Strattice causes a risk of foreign body response and incites infections.

Most of the plaintiffs contend that the promises did not come to fruition. Instead, they experienced mesh infections, and, in some cases, the infected Strattice hernia mesh had to be removed. In removing a medical device intended to be a permanent implant, more damage is done to healthy tissue.

Plaintiffs contend they suffered pain, disfigurement, loss of enjoyment of life, physical injuries, and financial losses.

Ethicon, Bard, Atrium have all faced similar lawsuits over their thermoplastic polymer meshes made of polypropylene. This MCL is the first-time similar problems have been linked to a biologic mesh.

Biologic Meshes

While the vast number of surgical mesh is made from the polymer polypropylene, CollaMend, FortaGen, Permacol, Strattice, Surgisis, and XenMatriX come from porcine or pig dermis and submucosa. SurgiMend, Veritas Collagen Matrix contains bovine or cow-derived parts.

Traditionally, the biologic mesh is not believed to be as strong and resistant to recurrence as polypropylene mesh.

A researcher at Washington University in St. Louis surveyed opinions about how religious preferences might affect different mesh choices.

He found out that Catholics and Methodists are opposed to any medical product if aborted fetal tissue or embryonic stem cells are used but they consider porcine and bovine acceptable.

Under Jewish law, pork consumption is prohibited, but there are no laws regarding the use of non-kosher products. And there is no restriction on any products for Muslims even though they have restrictions on consuming beef and pork, as do Islamic principles.

Doctors should tell patients the source of their mesh under legal and ethical obligations, concluding the survey.

Other biologic meshes include AlloDerm, Flex HD, AlloMax Surgical Graft, which all contain cadaver-harvested dermis.

Other meshes, such as composite Parietex Composite and C-Qur, are made with fatty acids from fish.

Strattice Litigation

The lawsuits contend that cross-linked grafts can cause painful, ongoing infections and rejection of the implanted hernia mesh. According to the U.S. Food and Drug Administration, from September 1990 through September 2020, there were at least 450 adverse event reports connected to problems with Strattice hernia mesh, including six reports of patient deaths, 340 injury reports, and more than 100 reports of mesh malfunctioning.

The plaintiffs contend that aside from foreign body rejection, mesh erosion, migration, infection, and pain, some Strattice hernia mesh complications include:

  • Fever
  • Obstructions
  • Internal Bleeding
  • Rejection of the mesh
  • Organ punctures
  • Migration of the mesh away from the implant site
  • Gastrointestinal distress
  • Sexual difficulties
  • Abscesses
  • Abdominal swelling
  • Nerve damage
  • Death

Among the plaintiff all allege:

  • Design defect
  • A failure to warn the end-user doctors and patients about the risks
  • Negligence
  • A breach of warranties
  • The defendants engaged in fraud by misrepresenting the safety of Strattice
  • Manufacturers knew of problems with Strattice and marketed it anyway
  • Defendants failed to conduct proper pre and post-market testing

New Jersey MCL  

Ethicon’s family of multilayered hernia mesh, made by Johnson & Johnson, is pending in Superior Court in New Jersey. They include polypropylene-based mesh properties such as Proceed, Proceed Ventral, Physiomesh Flexible, Prolene 3D, and Prolene Hernia system, alleged to contribute to adhesion formation.

Late last year, Judge Porto appointed the leadership roles to oversee pretrial proceedings, arguing motions, taking depositions, and reviewing discovery.

Each plaintiff will retain their own lawyer for their mesh lawsuit. They will coordinate with the lead and co-lead counsel for the MCL litigation.

Obtain a Lawsuit Cash Advance for Your Hernia Mesh Claim

If you have a Strattice hernia mesh claim and are involved in the MCL litigation, obtaining a pre-settlement lawsuit loan can provide you with the funds you need without having to wait for your claim to be settled. A lawsuit cash advance offers numerous benefits compared to a conventional loan, making it an attractive option for individuals involved in hernia mesh lawsuits.

Some of the advantages of lawsuit funding include:

  • No Credit Checks: Unlike traditional loans, lawsuit cash advances do not require credit checks, making them accessible to individuals with less-than-perfect credit.
  • Non-Recourse Loans: Lawsuit cash advances are nonrecourse, which means you only have to pay back the loan if you recover compensation in your case. If you don’t recover any compensation, you owe nothing.
  • No Collateral Needed: Pre-settlement funding is secured by your eventual settlement, so collateral is not necessary to obtain this type of loan.

Experience the Direct Legal Funding Difference

Direct Legal Funding stands out as one of the top lawsuit loan companies in the US for several reasons:

  • Quick Funds: Direct Legal Funding issues loans quickly, usually within a day. This ensures that you have access to the money you need when you need it.  
  • Competitive Rates: We provide lawsuit cash advances at some of the lowest interest rates in the industry, which means with us, you are always getting the best deal.
  • Customer-Focused: Direct Legal Funding delivers exceptional service to its customers, ensuring a smooth experience that helps relieve some of the stress involved with the legal process.

If you are involved in a hernia mesh lawsuit and need funds upfront, contact Direct Legal Funding today to see what we can approve you for. Call us at 866-941-5588 or apply online to get started on your talcum powder lawsuit loan.

Sources:

New Jersey Courts
https://www.njcourts.gov/notices/2018/n180815a.pdf

MCL Notice to the Bar
https://www.njcourts.gov/notices/2021/n211014b.pdf

FDA and Strattice hernia mesh Maude report
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfMAUDE/detail.cfm?mdrfoi__id=2422320\

Strattice tissue matrix
https://hcp.stratticetissuematrix.com/

Hernia facts
https://abouthernia.com/hernia-facts

N.J. Courts
Strattice Hernia Mesh Multicounty Litigation (MCL) Application

https://www.njcourts.gov › strattice › stratticeapp

https://www.njcourts.gov/attorneys/assets/mcl/strattice/stratticeapp.pdf?c=0jn

Mesh News Desk, Feb 7, 2012, Hernia from Hell Treated with Biologic Mesh
https://www.meshmedicaldevicenewsdesk.com/articles/hernia-from-hell-treated-with-biologic-mesh

Mesh News Desk, November 2012, Religious Preferences and the Makeup of your Mesh
https://www.meshmedicaldevicenewsdesk.com/articles/religious-preferences-and-the-makeup-of-your-mesh

Zantac Litigation

Posted on by karan k

Zantac, a heartburn drug made by Glaxo-Smith-Kline, Pfizer, Boehringer Ingelheim, and Sanofi, was used to decrease stomach acid. People suffering from gastroesophageal reflux disease, peptic ulcer, or Zollinger-Ellison syndrome took the drug by mouth or injection.

But in April 2020, the U.S. Food and Drug Administration (FDA) recalled Zantac, both over-the-counter (OTC) and prescription versions in the U.S., while sales were suspended in the European Union and Australia.

The problem with Zantac – it was found to contain NDMA, a known carcinogen.

Just before it was recalled, after more than 13 million prescriptions were issued, Zantac was the 53rd most commonly prescribed medication in the U.S.

The class of medication is ranitidine, and the problem is when exposed to heat, Zantac breaks down, forming NDMA (N-Nitrosodimethylamine) or N-nitrosamine. These are formed when a second or third amine reacts with a nitrosating agent.

N-nitrosamines are present in low levels in cured meats such as bacon, fermented foods, such as beer and cheese, even shampoo, and cleansers.

FDA Recall

In announcing the recall, the FDA said NDMA could increase in some ranitidine products over time, even when stored in standard room temperatures. The acceptable daily intake limit of NDMA is 96 nanograms per day, according to the agency.

Stores received letters from the FDA to withdraw their products from the shelves while consumers were advised to stop taking a ranitidine product, whether tablets or liquid, dispose of them properly, and not buy more.

Other drugs are approved for the same use as ranitidine without the same risks from NDMA, such as Pepcid, Tagamet, Nexium, Prevacid, and Prilosec.

It should be noted that Zantac 360 is not part of the recall. The company relaunched Zantac with a new name, Zantac 360, and a new ingredient, famotidine.

Because of NDMA contamination, another heartburn medication, Nizatidine, was recalled in January 2020 by manufacturer Mylan. Metformin, the diabetes drug taken by nearly 16 million people, has been found to contain NDMA and the FDA requested five firms recall their products.

The FDA has a list of 170 products recalled since May 2020 because they contain metformin.

While no one is certain how NDMA gets into the products, the contamination may come from recycled solvents used in manufacturing, the breakdown of unstable compounds, or a side reaction from drug syntheses. The source can be the manufacturing process, storage, and packaging.

Because ranitidine is an unstable drug, over time, the molecule degrades to form NDMA.

The Investigation

In the summer of 2019, the FDA became aware of an independent lab finding of NDMA in ranitidine.

Some food and water, including smoked and cured meats and air pollution, contain NDMA, but those lower levels are not linked to an increased risk of cancer, resulting from a sustained higher and cumulative exposure. 

In 2019 the FDA did not have enough data to suspend sales of Zantac. It was determined the levels found of NDMA were very low but by September 2019, the agency was ready to warn the public of the potential risks.

The story got even worse as further testing uncovered that NDMA levels increased under normal storage conditions. The unknown is the temperature exposure during distribution, shipping, and handling by consumers.

Regardless, data showed the older a ranitidine product, the greater level of NDMA, in a level above the acceptable daily limit.

Cancer Risk

Zantac was on the market for 40 years and was approved for use in over 31 countries.  

It was first approved in 1983 after a petition from its manufacturer Glaxo Holdings Ltd, a company part of GlaxoSmithKline PLC. Zantac was initially approved for the short-term treatment of ulcers.

Later it became popular for the treatment of gastroesophageal reflux disease (GERD).

Millions of patients have taken Zantac over the years.

Types of cancer include:

  • Breast cancer
  • Kidney cancer
  • Liver Cancer
  • Esophageal cancer
  • Colorectal cancer
  • Bladder cancer
  • Intestinal cancer
  • Lung cancer
  • Ovarian cancer
  • Pancreatic cancer
  • Prostate cancer
  • Stomach cancer
  • Testicular cancer
  • Thyroid cancer
  • Uterine cancer

Zantac Litigation

An MDL was consolidated in the Southern District of Florida, the Zantac (Ranitidine) Products Liability Litigation February 6, 2020 (MDL 2924) before Judge Robin L. Rosenberg. There are 1,573 pending cases as of October 15, 2021. Originally 1,619 were filed.

Plaintiffs who took the drug and later developed cancer seek compensation for pain, suffering, financial losses, medical bills, and loss of a loved one. They contend the drug is defectively designed, and the Zantac drug label failed to warn about cancer risks.

Plaintiffs claim they had no family history of cancer or any genetic markers. In some cases, patients taking Zantac also were diagnosed with Chron’s disease and primary pulmonary hypertension (PPH).

Plaintiffs taking Zantac for at least a year have a stronger case.

The Zantac MDL is currently in the final stages of depositions, concluded before expert reports and the bellwether trials. To date, there have been no trials concerning Zantac.

Several class actions are proposed in New Jersey, Florida, California, Connecticut, and Massachusetts. These class actions only require the plaintiff to have purchased the drug and do not relate to a cancer diagnosis.

Plaintiffs in those class actions can seek a refund for the purchase of the Zantac products. 

Involved in Zantac Litigation? Receive Part of Your Settlement Up Front with a Pre-Settlement Loan

If you are involved in the ongoing Zantac litigation, you may be eligible for a pre-settlement loan from Direct Legal Funding. Lawsuit loans offer numerous benefits, making them an attractive option for those awaiting settlements.

First, there are no credit checks involved in obtaining pre-settlement funding. This means that even if you have a poor credit history, you can still qualify for funding.

Secondly, these loans are non-recourse, meaning you only have to pay them back if you receive a settlement. If you don’t win your case, you don’t have to pay back the loan. This significantly reduces your financial risk.

Additionally, no collateral is needed for a lawsuit funding loan. You won’t have to worry about putting up your home, car, or other valuable assets as security. This makes the process easier and more accessible for those in need of financial assistance during their legal battle.

Choose Direct Legal Funding for the Best Deal on a Pre-Settlement Loan

Direct Legal Funding is one of the leading pre-settlement funding companies in the United States. We offer:

  • Fast Loan Issuance: We understand that time is of the essence for our clients, and we strive to issue loans quickly, usually within 24 hours of approval.
  • Competitive Interest Rates: We offer some of the lowest interest rates in the industry, ensuring that our clients receive the best possible deal on their loans.
  • Outstanding Customer Service: Our team is dedicated to providing exceptional service to our clients, making the entire loan process smooth and hassle-free.

By choosing Direct Legal Funding, you can alleviate some of the financial pressure associated with the Zantac litigation process. This can help you focus on your case and recovery without the added stress of mounting bills and expenses.

If you are involved in a talcum powder lawsuit and are in need of financial help, don’t hesitate to reach out to Direct Legal Funding. Call our office today at 866-941-5588 or apply now to get started on your pre-settlement lawsuit loan.

Sources:

FDA
https://www.fda.gov/news-events/press-announcements/fda-requests-removal-all-ranitidine-products-zantac-market

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/amneal-pharmaceuticals-llc-issues-voluntary-nationwide-recall-nizatidine-oral-solution-15-mgml-due#:~:text=Nizatidine%20Oral%20Solution%20is%20being,on%20results%20from%20laboratory%20tests.
https://www.fda.gov/news-events/press-announcements/fda-alerts-patients-and-health-care-professionals-nitrosamine-impurity-findings-certain-metformin

Clincalc.com
https://clincalc.com/DrugStats/Drugs/Ranitidine

TGA.gov.au
https://www.tga.gov.au/alert/ranitidine-0

C&EN
https://cen.acs.org/pharmaceuticals/pharmaceutical-chemicals/NDMA-contaminant-found-multiple-drugs/98/i15

FDA recalled metformin products
https://www.fda.gov/drugs/drug-safety-and-availability/search-list-recalled-metformin-products

JPML
https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-October-15-2021.pdf

Good RX
https://www.goodrx.com/blog/zantac-new-version-famotidine/

Evidence Mounts in Talcum Powder Ovarian Cancer and Mesothelioma Cases

Posted on by karan k

Search for baby powder on Amazon these days, any baby powder, and you will find that all manufacturers now prominently display the “Talc Free” assurance.   

In 1893, Johnson & Johnson (J&J) first sold its Baby Powder to the public to prevent baby diaper rash. The original powder formula ended in 2020 when the company stopped U.S. sales due to the suspicion that talc tainted the powder. The company halted global sales in 2023.
Today J&J Baby Powder and the other brands, Gold Bond, for example, have substituted cornstarch for talc.

What’s Wrong with Talc?
Talcum powder is intended to be used externally to keep the body hygienic and dry.

Mined from the earth and ground into a powder used on the body, some advertised names were Gold Bond Medicated Body Powder, Summer’s Eve Body Powder, Nivea, Shower-to-Shower, Johnson’s Baby Powder, and Cashmere Bouquet. Talc has even been used in cosmetics and condoms.

Advertising targeted women suggesting that a sprinkle in the genital area would keep them fresh. “Just a sprinkle a day keeps odor away” was a 1980s ad for Shower-to-Shower. 

Specifically, J&J targeted African American women by advertising powder and distributing samples through churches and beauty salons.

Today, plaintiffs from all 50 states allege baby powder makers knew asbestos was often being mined alongside talc and had made its way into personal hygiene products, yet they failed to warn consumers.

Over 22,000 women are diagnosed with ovarian cancer, and more than 3,000 new mesothelioma cases are diagnosed in the U.S. annually.
Exposure to talcum powder can also come from makeup, building materials, plastics, paints, and paper products. Talc is used to purify wastewater. Talc mines pose the most risk of mesothelioma to workers.
The Evidence is Mounting

  • In 2018, Reuters reported that between 1971 and 2003, citing internal J&J company documents disclosed during litigation, the company knew J&J’s Baby Powder contained traces of asbestos.  
  • The same year asbestos was found in Claire’s makeup products marketed to teens, according to CBS News.
  • In 2019, J&J recalled 33,000 bottles of J&J Baby Powder after asbestos was found in a sample tested by the Food and Drug Administration (FDA). The following year J&J announced it would stop selling talc-based baby powder in the U.S. and Canada.
  • In 2020, a Daubert ruling allowed plaintiff experts to testify at trial. Defendant Johnson & Johnson had argued that the link between talcum powder and ovarian cancer was junk science, but the MDL judge said the jury should decide that issue.
  • In 2021, Bloomberg reported that scientists hand-picked by J&J wrote a 2009 report on the potential of talc-causing cancer. That didn’t stop the FDA from using it to decide not to warn the public about the risks of talc products.

JOHNSON & Johnson was the largest maker of talcum powder products, and today it represents the largest Multidistrict Litigation (MDL) currently pending. MDL No. 2738, Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation has more than 38,000 pending lawsuits, with more added daily.

The defendants are Johnson & Johnson and Imerys Talc.  

Other Defendants

Imerys Talc is the mining company that supplied the raw talc. Other defendants include Colgate-Palmolive, which made a talcum powder, Mennen, and is tied to mesothelioma litigation.

Gold Bond is a subsidiary of the French pharmaceutical company Sanofi. Besides menthol and zinc oxide, Gold Bond Baby Powder is now made with cornstarch.

Chattem, the previous owner of Gold Bond products, faces many lawsuits filed by women who have developed ovarian cancer.

Unlike the J&J cases where company documents confirm J&J knew asbestos could be contained in its baby powder, Gold Bond may not have the exact roadmap in those revealing internal documents.  

Then there is the question of whether asbestos causes cancer. The International Agency for Research on Cancer does not believe that powders that contain talcum are inherently dangerous, while the European Union has banned talc in health and beauty products.

Courts handling ovarian cancer/talc cases include the federal court in New Jersey; the state court in Atlantic County, New Jersey; Los Angeles Superior Court; and St. Louis Circuit Court in Missouri.f

Defendants are J&J Baby Powder; Shower-to-Shower; Gold Bond No Mess Powder Spray, Body Powder, Extra Strength Body Powder; Old Spice Powder; Colgate Palmolive; Proctor & Gamble Co.; Imery’s Talc North America (talc supplier); Whittaker, Clark & Daniels (distributor); and Vanderbilt Minerals (industrial talc).

Texas Two-Step

Unable to overturn a $4.7 billion jury award to 22 women who developed ovarian cancer and hundreds of more cases pending, Johnson & Johnson came up with a plan, a scheme really, to avoid billions in losses.

J&J created a subsidiary company, LTL Management LLC, and moved it to North Carolina. The company also moved its 38,000 asbestos talc cases there. With a value of $10 billion and liabilities equaling that amount, LTL filed for bankruptcy protection in October 2021, putting the brakes on talc litigation while a judge ruled on the legitimacy of the bankruptcy.

In January 2023, a Third Circuit judge rejected J&’J’s attempt to shortchange plaintiffs with its Texas two-step bankruptcy filing. The court dismissed the Chapter 11 bankruptcy causing J&J’s stock to drop significantly – 3% in a single day. J&J plans to appeal the ruling.

Meanwhile, MDL 2738 is growing significantly. So far, there have been no bellwether trials to gauge the relative value of these cases. Still, those that have gone to the jury have resulted in multi-million-dollar verdicts and, in some cases, millions and billions in punitive awards intended to deter the company from future action and to tell the healthcare giant just how disgusted they were with the company’s behavior.

Obtain a Presettlement Loan for Your J and J Talcum Powder Lawsuit

If you’re involved in a lawsuit against Johnson & Johnson or other manufacturers due to talcum powder-related injuries, obtaining a pre-settlement loan can allow you to get the funds you need without having to wait for your claim to be settled. Here are some of the benefits of lawsuit funding:

  • No Credit Checks: Unlike traditional loans, pre-settlement funding does not require credit checks, making them accessible to a wider range of people.
  • Non-Recourse Loans: Pre-settlement lawsuit loans are nonrecourse, which means you only have to pay back the loan if you recover compensation in your case. If you don’t recover any compensation, you’re not obligated to repay the loan.
  • No Collateral Needed: Unlike conventional loans that may require collateral, lawsuit funding is secured by your eventual settlement, so there is no collateral required.

Why Choose Direct Legal Funding?

  • Fast Loans: Direct Legal Funding issues loans quickly, usually within 24 hours, ensuring you have access to funds when you need them.
  • Low Interest Rates: We provide lawsuit cash advances with some of the most competitive interest rates in the industry, helping you save money in the long run.
  • Exceptional Customer Service: Direct Legal Funding prides itself on providing outstanding service to its customers, ensuring a smooth and seamless experience throughout the process.

If you are involved in a talcum powder lawsuit and you need financial assistance, contact Direct Legal Funding today to find out how much you qualify for. Call our office at 866-941-5588 or apply online to get started.

Do Camp Lejeune Cases Qualify for Pre-Settlement Funding?

Posted on by karan k

The Camp Lejeune litigation is a series of legal cases filed on behalf of individuals who were exposed to contaminated water at Camp Lejeune U.S. Marine Corps Base in North Carolina. The contamination occurred from the 1950s through the 1980s, and people living or working at the base during this time were potentially exposed to drinking water that was contaminated with industrial solvents, benzene, and other chemicals.

There are a lot of groups that could be impacted by the litigation, including military veterans, family members, and survivors who were exposed to contaminated water at the base. The Camp Lejeune Justice Act (CLJA) of 2022 allows lawsuits for appropriate relief for harm caused by exposure to contaminated water at the base. Under this law, veterans, family members, and survivors (or their legal representatives) can file a lawsuit in the Eastern District of North Carolina after taking appropriate steps.

What Serious Health Conditions Resulted from the Contaminated Water at Camp Lejeune?

Exposure to the contaminated water at Camp Lejeune has been linked to various health problems, many of them life-threatening. These include:

  • Birth Defects
  • Bladder Cancer
  • Breast Cancer
  • Kidney Cancer
  • Esophageal Cancer
  • Liver Cancer
  • Lung Cancer
  • Hepatic Steatosis

The U.S. government acknowledges that from 1953 to 1987, nearly a million veterans and civilians were potentially exposed to dangerous chemicals in the drinking water at the base. The Camp Lejeune Justice Act (CLJA) of 2022 allows victims exposed to toxic water at the base the right to sue the U.S. government for monetary damages for their injuries.

More specifically, the law allows individuals who were exposed to the contaminated water for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987, to file a claim. Heirs and family members of those who were at the base during the covered period and died from a condition that has been linked to water contamination exposure may also be eligible to file a claim.

It is important to note that those who meet the eligibility requirements can file a claim regardless of their Veterans Administration (VA) disability benefits status. In other words, whether you have been approved or denied VA disability benefits does not impact your eligibility to seek compensation.

What is the Scope of the Damages Sustained by Victims at Camp Lejeune?

The settlement payouts for Camp Lejeune toxic exposure victims are estimated to total approximately $6.7 billion. Individuals who file a claim may receive between $25,000 and $1 million or more, depending on the severity of their illness. In general, those who struggle with more severe illnesses are likely to receive higher settlement amounts. The Office of the Judge Advocate General (JAG) of the Navy’s Tort Claims Unit (TCU) is responsible for processing Camp Lejeune claims.

The specific damages that a claimant could receive from a lawsuit include:

  • Medical Expenses: The cost of medical treatment for injuries resulting from exposure to contaminated water at Camp Lejeune.
  • Lost Wages: This refers to the income lost due to being unable to work because of the injuries sustained.
  • Lost Earning Capacity: The loss of ability to earn income in the future because of various disabilities that resulted from Camp Lejeune-related injuries.
  • Diminished Quality of Life: The loss of the ability to participate in activities that you previously enjoyed because of the injuries sustained.
  • Damages for Surviving Loved Ones: Surviving loved ones of those who died because of injuries linked to water contamination exposure at the base may be eligible to receive damages for loss of companionship, funeral expenses, and other related costs.

What Steps Should I Take if I Want to File a Camp Lejeune Injury Claim?

If you were injured at Camp Lejeune and want to file a claim, there are certain steps that need to be taken:

  • Determine Eligibility: As we talked about earlier, to be eligible to file a claim under the Camp Lejeune Justice Act of 2022, you must have resided, worked, or been otherwise exposed to the contaminated water at the base for not less than 30 days during the period beginning on August 1, 1953, and ending on December 31, 1987.
  • File a Claim with the Office of the Judge Advocate General (JAG) of the Navy’s Tort Claims Unit (TCU): The first step in seeking compensation under the CLJA is to file an administrative claim through the Navy JAG office.
  • Gather Evidence: In order to support your claim, you will need to gather medical records and any other evidence that demonstrates a link between your illness and exposure to the contaminated water at the base.
  • Wait for a Decision: Once your claim has been filed, it may take some time to receive a decision. The Navy’s TCU will review your claim and determine whether you are eligible for compensation under the Camp Lejeune Justice Act.
  • File a Civil Lawsuit: If the Navy TCU denies the claim or a settlement is not reached, then a civil lawsuit can be filed. All civil lawsuits for Camp Lejeune-related injuries must be filed in the US District Court for the Eastern District of North Carolina.

It is highly recommended that you consult with an experienced attorney who can help you navigate the legal process and ensure your claim is handled appropriately. By seeking assistance from an attorney who specializes in handling these types of claims and following the proper steps, you can increase your chances of receiving just compensation for your injuries.

Most firms who are handling Camp Lejeune litigation claims offer free consultations and case evaluations. These firms can also provide more specific guidance on what is involved with each of the steps that must be taken in order to obtain compensation.

Can I Get a Pre-Settlement Loan for My Camp Lejeune Lawsuit?

If you meet the eligibility requirements to file a Camp Lejeune lawsuit and you take the necessary steps to do so, you may be able to obtain pre-settlement funding so you can receive a portion of your compensation upfront. In addition to meeting the other criteria, you must be working with an attorney in order to be approved for a pre-settlement lawsuit loan.

A pre-settlement loan acts as a lawsuit cash advance against your eventual settlement. This type of loan is non-recourse, meaning that your loan is paid back only out of the proceeds from your settlement; if for some reason you do not receive a settlement, you will owe us nothing. Because your settlement acts as security for the loan, there are no credit checks necessary and there is no collateral required.

Direct Legal Funding makes it easy to obtain an affordable Camp Lejeune lawsuit loan. We provide lawsuit funding with the most competitive interest rates in the industry, and we make the process smooth and easy.

All you need to do is call us at 866-941-5588 or apply online and provide some basic information, such as your full name, email, phone number, and your attorney’s contact information. From there, we will process your application and verify some information with your attorney. Upon approval, your lawsuit advance will be issued and deposited into your account within hours.

The Pros and Cons of Lawsuit Settlement Loans

Posted on by karan k

Lawsuit settlement loans, also known as pre-settlement loans, have become a popular option for plaintiffs seeking financial support during a legal battle. These loans are often marketed as a way to ease the financial burden of a lawsuit, providing plaintiffs with quick access to cash without any upfront costs. However, the controversy surrounding pre-settlement loans persists, with critics arguing that these loans can lead to high levels of debt and potentially unethical practices by funding companies.

In this article, we will explore the pros and cons of lawsuit settlement loans. We will examine the benefits and drawbacks of pre-settlement funding and offer advice on when to consider this option as well as considerations to take into account when making a decision.

The Pros of Lawsuit Settlement Loans

Lawsuit settlement loans offer several benefits for plaintiffs, providing them with the financial support they need to pursue a legal case without incurring upfront costs. The following are some of the advantages of pre-settlement loans:

Access to Funds

One of the main benefits of lawsuit settlement loans is quick and easy access to funds. With a pre-settlement loan, plaintiffs can receive the cash they need to cover their expenses while their case is ongoing. Moreover, unlike traditional loans, there is no risk for borrowers, as they only have to repay the loan if they win their case.

Flexibility

Another advantage of pre-settlement loans is the flexibility they offer. Borrowers can use the funds in any way they wish, without restrictions on how the money is spent. In addition, if a plaintiff loses their case, they are not required to repay the loan.

Non-Recourse Funding

Another advantage of lawsuit settlement loans is that they are non-recourse. This means that the borrower is not personally liable for the loan and will only have to repay the amount borrowed if they win their case. In other words, if the plaintiff does not receive a settlement or judgment, they are not responsible for repaying the loan.

This is a significant benefit as it reduces the risk for borrowers and protects them from incurring more debt in case of an unfavorable outcome. With non-recourse funding, plaintiffs can pursue their case with peace of mind, knowing that they will not be held personally responsible for the loan in case they do not win.

No Credit Check

Unlike traditional loans, pre-settlement funding does not require a credit check. This means that plaintiffs with poor credit scores can still qualify for a loan. Lawsuit funding companies base their decision on the merits of the case, rather than the plaintiff’s credit history. This is a significant advantage for individuals who may not have access to other forms of credit and need quick access to funds to cover their expenses while their case is ongoing.

No Collateral Required

Another advantage of lawsuit settlement loans is that they are unsecured loans, meaning they do not require collateral. By contrast, traditional loans, such as personal loans or home equity loans, often require borrowers to put up collateral, such as a home or car, as a form of security. With pre-settlement loans, plaintiffs do not have to put up any collateral, making the loan less risky for the borrower. This is a significant benefit as it enables plaintiffs to get the funds they need without having to put their assets at risk.

Strengthens the Legal Claim

Lawsuit settlement loans can provide plaintiffs with additional leverage during negotiations and help to strengthen their legal claim. When a personal injury victim is struggling financially, they may be tempted to accept a settlement offer that is far lower than what their claim is actually worth. This is because they need the money to pay their bills and cover their expenses.

By taking out a pre-settlement loan, the victim has the financial relief they need to wait for a better settlement offer. And with the added financial security, the plaintiff’s attorney has more leverage during negotiations with the defendant or their insurance company.

The attorney can afford to be patient and wait for a fair and just settlement offer, rather than accepting a lower offer out of financial desperation. This can ultimately result in a significantly higher settlement amount, which is more in line with the actual value of the plaintiff’s claim.

Moreover, if the case goes to trial, the lawsuit settlement loan can help the plaintiff cover their expenses during the lengthy litigation process. This enables the attorney to pursue the case more effectively as they do not have to worry about their client’s financial situation, putting them in a far better position to recover maximum compensation.

The Cons of Lawsuit Settlement Loans

While pre-settlement loans offer several benefits, they also have some drawbacks. The following are some of the disadvantages of lawsuit settlement loans:

Higher Costs

One significant disadvantage of pre-settlement loans is that they can be expensive. Because these are non-recourse loans that the lender cannot collect anything on if the plaintiff does not win their case, they are considered high risk. As a result, the interest rates and fees associated with these loans are often much higher than traditional loans.

Ethical Concerns

There are also some ethical concerns surrounding pre-settlement loans. Some lawsuit funding companies have been accused of exploiting vulnerable plaintiffs and charging excessive interest rates and fees. However, there are several reputable lenders out there and it is important for borrowers to do their due diligence and research to find the right one for which to take out a pre-settlement loan. It’s also important for borrowers to carefully review the loan agreement and understand the terms and conditions of the loan before signing.

The bottom line is while pre-settlement loans can be a helpful financial tool for plaintiffs, they also come with some risks and potential ethical concerns. Before deciding to opt for pre-settlement funding, you need to weigh the pros and cons and consider all available funding options.

When to Consider a Lawsuit Settlement Loan

While pre-settlement loans can provide much-needed financial support to plaintiffs during a legal battle, they may not be the right option for everyone. Before deciding to take out a pre-settlement loan, plaintiffs should consider the following:

Timing of the Loan

One of the main reasons to consider a lawsuit settlement loan is when there is a need for funds before the case is resolved. Lawsuits can take a long time to reach a conclusion, and plaintiffs may need cash to cover their expenses during this time. In such cases, pre-settlement funding can provide the financial support needed to pay bills and cover expenses while the case is ongoing.

Considerations Before Applying for a Loan

Before applying for a pre-settlement loan, plaintiffs should carefully review the terms and conditions of the loan agreement. They should also evaluate other funding options, such as personal loans or credit cards, to determine which option is the most cost-effective. Plaintiffs should consider the potential risks and drawbacks of taking out a pre-settlement loan and weigh them against other funding options to decide which route is best for them.

In general, the best time for plaintiffs to consider a pre-settlement loan is when they need funds before their case is resolved and when they have evaluated all of their options and determined that this is the best option for their financial situation. By carefully considering the timing of the loan and doing their research before applying, plaintiffs can make an informed decision and avoid the potential pitfalls associated with pre-settlement funding.

Looking for Lawsuit Funding? Contact a Reputable National Lender

If you have decided that a lawsuit settlement loan is the right option for you, it’s important to find a reputable lender. But with so many funding companies out there, it can be difficult to know which one to trust.

Here are some key factors to consider when choosing a pre-settlement funding company, including:

  • The interest rates and fees associated with the loan.
  • The level of customer service provided by the lender.
  • The lender’s reputation in the industry.

One lender that stands out from the rest is Direct Legal Funding. They offer loans at the most competitive rates and provide exceptional service to their clients. With years of experience in the industry, Direct Legal Funding has helped many plaintiffs get the financial support they need to pursue their legal cases.

Direct Legal Funding offers a wide range of pre-settlement funding options, and they work with plaintiffs across the country to provide customized funding solutions that meet their unique needs. Contact them today at 866-941-5588 to go over your options and apply for a risk-free low interest lawsuit loan.

Affordable Settlement Loans for the East Coast

Posted on by karan k

No matter your location, pursuing a lawsuit can drain your bank account. Lawyers, court fees, time off from work, or even a lost job as a result of the incident you’re seeking compensation for can wreak havoc on your savings. Citizens all throughout the East Coast are struggling to pay bills because of a drawn-out lawsuit.

Now, you don’t have to give up on your settlement because of financial struggles. Direct Legal Funding provides affordable and efficient lawsuit settlement loans to states all throughout the East Coast. From Maine to Maryland, we work to deliver pre-settlement loans, so you can rest assured that you’ll be financially stable throughout your settlement pursuit.

The Best Part about Our East Coast Settlement Loans?

They’re non-recourse advance loans so if you lose your lawsuit, you don’t pay a dime. With some of the most competitive rates in the industry, you can’t beat Direct Legal Funding’s East Coast Pre-Settlement Loans.

How To Qualify for A Lawsuit Loan from Direct Legal Funding?

You need to be represented by an attorney on a contingency-basis to be able to qualify for a pre-settlement loan with Direct Legal Funding. You can apply for a lawsuit advance online and expect a quick approval from us, with money transferred to your account within as little as 24 hours upon approval.

States on the East Coast where we offer our lawsuit funding services include:

  • Connecticut
  • Delaware
  • Georgia
  • Florida
  • Maine
  • Maryland
  • Massachusetts
  • North Carolina
  • South Carolina
  • New Hampshire
  • New Jersey
  • New York
  • Rhode Island 
  • Virginia

Why do you need a lawyer to get lawsuit funding? Because lawyers win a substantially higher percentage of personal injury cases with larger settlements than people who represent themselves. Since legal funding lenders don’t get paid unless you win your case, they take a huge risk when they give you the cash advance. Our lenders have to be sure that you will win your case, and having an attorney provides far greater assurance of a successful outcome. 

What If I Don’t Have an Attorney?

All reputable lawsuit loan companies in Florida, New York, Massachusetts, and other east coast states require you to have a lawyer for your personal injury case. You simply cannot get any type of pre-settlement funding unless you have an attorney. This is primarily because of the inherent risk and uncertainty involved in injury claims.

Lawsuit loans are technically not a loan; they are non-recourse fundings. This means the lender doesn’t have any recourse if they don’t receive repayment from the case settlement. As funding providers, we carry all of the risks. If you lose your case and don’t get any compensation from the other party, we are also unable to get paid back.  

Another risk for us is regarding the amount: if the judge or jury awards you a lower amount than what you asked for, it may not be enough to cover all your expenses. In this case, we may not receive the full amount that we loaned you.

Hire an Attorney to Win a Higher Settlement

Therefore, if you haven’t yet hired an attorney to represent you, do so right away. It will not only increase your likelihood of winning your case and receiving a larger settlement but will also make you eligible for a fast lawsuit loan from Direct Legal Funding.

If you live in New York, Maryland, Massachusetts, you’ll be happy to know that these three states have the largest number of attorneys in the country! There are 6.2 attorneys per 1,000 residents in Massachusetts; 6.7 attorneys per 1,000 residents in Maryland; and 9.5 attorneys per 1,000 residents in New York.

Finding a skilled lawyer that has experience working with cases like yours should not be too difficult. At Direct Legal Funding, we use the application process to get the lawyer’s signature before approving the borrower’s application for cash within 24 hours.

If you are not sure where to begin or how to hire a good attorney, our team will be happy to answer your questions over a quick chat. Just give us a call at 866-941-5588 or email us at info@directlegalfunding.com.

What Type of Cases Do You Fund?

Direct Legal Funding provides pre-settlement loans for East Coast clients with the following cases:

  • Auto accident cases
  • Workers’ Compensation cases
  • Civil rights cases (such as sexual harassment, wrongful termination, discrimination, etc.)
  • Personal injury cases (such as slip-and-fall cases, animal cases, pedestrian accidents, construction accidents, police brutality, sexual abuse, nursing home abuse, etc.)
  • Medical negligence and malpractice cases
  • Product liability cases (i.e., a defective product or component)
  • Wrongful death lawsuits

This is not an exhaustive list. If you don’t see your lawsuit listed here, feel free to reach out to our team online or call us at 866-941-5588 to know if you’re eligible for a Direct Legal Funding cash advance. If you are, we will be happy to approve your application within 24 hours so you can get on with your life and leave the legal hassles up to your attorney to handle.

What can I Use Lawsuit Funding for?

Anything you want! We know how difficult it is to fight a legal battle, especially if you’re injured and in no position to work. With medical bills and living expenses mounting, a lawsuit advance can be a boon for the plaintiff and their family.

Once we send you the lawsuit advance, you are free to use that money for expenses such as:

  • Paying for hospital bills, prescription medications, and any other medical expenses.
  • Paying for therapy.
  • Making rent or mortgage payments.
  • Replacing or repairing damaged property.
  • Paying for groceries, utility bills, children’s school fees, and other living expenses.
  • Replacing lost income.

There is no limit imposed on this money; you can use it in any way you see fit. Once we deposit the check or wire the cash, you are free to utilize the funds immediately.

How to Apply for Direct Legal Funding Settlement Loan?

For residents of Florida, New York, Maryland, Massachusetts, and other states on the east coast, our application process is quick and simple:

  1. You Apply Online: When you visit our website, you will see a big “Apply Now” button which makes it extremely easy to apply for the loan. You will need to fill out some basic details such as your contact details, your attorney’s name and contact details, your state, your case type, and the amount you want to request.
  2. Our Evaluation Begins: Once we receive your application, our underwriters will go over your details and contact your attorney for more information regarding your case. Speaking to your attorney will help us determine whether you have a strong case with the potential to win. It will also allow us to calculate exactly how much money we can offer you for your lawsuit funding.
  3. You Receive the Money: It usually takes us about 24 hours to approve an application. Once we do, and we receive the essential details from your attorney, funds can be deposited into your account within 24 to 48 hours.

We can also provide a same-day lawsuit loan if we are able to connect with your attorney right away to obtain the information we need. You can help speed up this process by contacting your attorney before filling out our application and letting them know that you’re going to apply for litigation funding with Direct Legal Funding. By authorizing them to discuss your case with us, you will help our underwriters process your application promptly.

Apply Online for a No-Risk Pre-Settlement Loan Today

Direct Legal Funding provides settlement loans for a wide range of personal injury and other civil cases across Connecticut, Delaware, Georgia, Florida, Maine, Maryland, Massachusetts, North Carolina, South Carolina, New Hampshire, New Jersey, New York, Rhode Island, and Virginia.

There is no application fee or hidden fee – just fill out the application and if approved, get money in your account within 24 to 48 hours. Apply today to get the process started. If you have any questions, please call us at 866-941-5588 or drop us an email at info@directlegalfunding.com. 

Will My Personal Injury Case Go to Trial?

Posted on by karan k

Despite having the most compelling evidence to support your claim and persistent negotiations, your personal injury claim may fail to be settled out of court. The insurance company might turn out to be too stubborn and deny your claim, stating that its insured was not responsible for your injuries. Or it may lowball you so badly that you decide to fight further.

Whatever the case, if your negotiation strategies have failed to get you a fair settlement, it might be best to take your claim to court. If you are concerned about how long a lawsuit might take, you might want to consider pre-settlement funding to get you through in the meantime.

Direct Legal Funding provides lawsuit settlement loans against a percentage of your expected settlement amount. Pre-settlement loans are non-recourse, meaning if you don’t recover compensation from your lawsuit, you do not need to pay the loan back. Speak with one of our lawsuit funding to learn more.

What is the Difference Between a Settlement and a Trial?

A settlement is when the defendant (the person/company responsible for your injuries) or their insurance company presents you with an offer of compensation. This offer is usually presented before the lawsuit is filed, but it can also be made once the trial begins. If you agree with the settlement amount, you sign a release and the claim is resolved.

When the claim goes to trial, instead of the insurance company, a judge and jury impose a verdict to resolve the dispute. Both sides get the equal opportunity to call witnesses, present evidence, and tell their side of the story.

It should be noted that although it’s possible that once your case goes to trial, you may receive way more money for damages than you previously thought, trials tend to be riskier. This is because of the involvement of a jury; it can be hard for even the most experienced lawyers to predict how a jury is going to vote. That’s why only a very small percentage of all personal injury claims in America ever proceed to trial.

While you are waiting to see if your case has to be tried, it is wise to consider a lawsuit advance to help with your finances. As long as you are working with an attorney and you have a strong case, you are likely to get approved for pre-settlement funding.  

When does a Personal Injury Case Go to Trial?

Most plaintiffs who go to trial do so because they believe that their claim is not being taken seriously by the insurance company. In other words, the compensation they are being offered is grossly unfair and unreasonable.

This shouldn’t come as a surprise. Insurance companies are notorious for trying to get out of paying accident claims. They have a whole toolkit of dirty tricks they deploy to get the claimant to accept the low amount offer.

One of them is to keep extending the negotiations, knowing that the plaintiff has lost their job and is struggling to pay necessary bills, which makes them desperate enough to accept even the lowest offer.

Lawsuit settlement loans have helped level the playing field for many injured plaintiffs. Lawsuit funding providers like Direct Legal Funding can get you short-term cash, so you no longer have to stress over the latest delaying tactic the insurance company is using.

Other reasons your case might go to trial are:

You Don’t Agree on Claim Value: Determining the value of your claim is one of the key aspects of the process. Now, it’s pretty easy to place value on monetary (economic) damages, such as lost wages, property damage, and hospital bills. But putting a value on non-economic damages like physical, emotional, and mental pain and suffering can be tricky. If you and the defendant don’t agree on the value during settlement negotiations, you may decide to go to trial.

You Don’t Agree on Liability: If you and the defendant don’t agree about who was responsible for the accident and resulting injuries, reaching a settlement will be almost impossible. If the defendant genuinely believes they were not at fault and thus, bear no responsibility for your damages, they might refuse to settle. Similarly, if you believe that the defendant is very much liable for your injuries, you might want to hash it out in court.

Consult With a Personal Injury Attorney for Better Results

The insurance company may have offered you a laughingly small amount or refused to offer you any settlement at all, contending that its insured is not liable for your losses.  If the judge and/or jury accept this argument, you might end up with no compensation and your claim will be done for. 

It’s really important for you to consult with an experienced attorney who specializes in personal injury law in your city before you take your case to the court on your own. An attorney may be able to prevent the trial altogether by presenting a good argument as to why the defendant is liable.

Before you enter a court, you must be aware of all the possible outcomes of your case. The best course of action for you is to hire an attorney to represent you and have frequent conversations with them about the probability of those different outcomes.

In some cases, going to trial is the only option, but most of the time, mediation, settlement, or even arbitration could be the preferred path. The important thing is to work with an attorney who has the proven ability to take the case to trial if necessary.

95 times out of 100, the defendant will come to the table make a reasonable offer before the case ever sees the inside of a courtroom. Pre-settlement loans give plaintiffs the peace of mind of knowing that they have the lawsuit funding they need just in case the claim has to be litigated.

Contact Direct Legal Funding to Obtain a Lawsuit Settlement Loan within 24 Hours

Pre-settlement funding gives you the financial support you need to cover your medical bills, mortgage/rent payments, utility bills, grocery bills, kid’s tuition, and other general expenses while you wait for your case to resolve. At Direct Legal Funding, we offer lawsuit advances that could potentially mean the difference between you winning a reasonable settlement or accepting an unreasonable one. 

Don’t be bullied by the insurance company. Allow us to help you and give your attorney the time they need to strengthen your case to maximize your claim’s value. We provide car accident loans, construction accident loans, and other types of personal injury lawsuit funding to fit your needs.

Direct Legal Funding is known for having one of the fastest approval rates in the industry for lawsuit settlement loans. We also have very competitive interest rates.

Here’s why thousands of plaintiffs continue to believe in us:

  • Transparent and highly competitive interest rates 
  • No hidden or upfront fees
  • Quick and easy application process
  • Once approved, you could get your lawsuit advance within 24 hours

And what if you lose the case? You owe us nothing and your debt is gone! Our pre-settlement loans are offered as non-recourse lending. It means, if you do not win a settlement or verdict, you don’t have to return the loan.

There is no collateral required, and we won’t check your credit history. There is absolutely no risk to you. Click here to fill out the application form online. If you’d like to talk to one of our pre-settlement funding specialists before getting started, give us a call at 866-941-5588 or contact us online.

How Do I Maximize My Personal Injury Settlement?

Posted on by karan k

Have you decided to file a personal injury claim? If so, then your biggest goal now should be to do all it takes to increase your settlement amount. This is especially true if you have sustained severe injuries and property damage because you want the settlement to cover all of your medical costs, lost income, and other losses.

We have compiled a list of the most effective strategies to do this. If you want to increase your chances of getting the maximum possible compensation, follow the tips listed below. 

If you are interested in a lawsuit advance to help tide you over until you receive your personal injury settlement, Direct Legal Funding is here to help! We are one of the nation’s leading pre-settlement funding providers, and we have helped numerous clients obtain car accident loans, construction accident loans, and many other types of lawsuit settlement loans.

Hire an Attorney Who Has Experience Handling Personal Injury Claims in Your City

Many attorneys claim to be personal injury lawyers, but a smaller number of attorneys have actually earned the respect of insurance companies and know how to work with them to ensure that your case is properly evaluated. 

If the insurance company doesn’t offer to settle your claim for fair value, your lawyer needs to have experience in the courtroom. They should also be willing to take the case to trial so a jury can make a proper determination.

Since personal injury laws vary from state to state, hire a lawyer who has practiced cases in your city. With the right lawyer by your side, you have a much better chance of recovering full and fair compensation. This will also qualify you for a larger pre-settlement loan if you choose to go that route.

Discuss Every Symptom with Your Doctor

The insurance company will look at your medical records to determine whether your claim is legitimate. Most people who go to the doctor are optimistic and will claim that they are “doing okay” even if they are not.

We are not saying you should exaggerate or falsify any injuries, but you should always tell the doctor exactly what hurts and what degree of pain you are in. If you don’t do this, the records will not have any mention that you are still in pain or still injured, and the insurance provider will claim that you are no longer hurt. As a result, they will reduce their settlement offer to you.

Full medical documentation is absolutely critical if you want to receive the maximum amount of compensation for your claim. And remember, a higher amount of compensation also means the ability to qualify for larger lawsuit settlement loans.

Keep a Detailed Journal to Document Your Injuries and Treatment

Although your doctor will have records and paperwork regarding your physical complaints, they will not keep track of how those injuries affect your daily life – that’s your responsibility. If your case goes to trial, a journal with daily entries of how you’re feeling, how much pain you’re in, and how it affects your ability to function will be super helpful.

Remember, if the case has to go to trial, it will be probably a year or two after the accident. It will be hard for you to remember all the ways you were affected by the injuries during the initial months.

If you keep a simple journal where you note the pain and suffering and all the things you couldn’t do, it will help your attorney solidify your claim and qualify you for the maximum amount of damages, which can also enhance the amount of lawsuit funding you qualify for as well. If you are not able to describe these events accurately, it can hurt the value of your claim.

Follow Your Doctor’s Orders

If your doctor has instructed you to come back in a week, then make sure you keep that appointment at any cost. If you have to miss it for any reason, reschedule it as soon as possible. If the doctor refers you to a chiropractor or physical therapist, then you must attend those appointments as well.

Every time you fail to follow your doctor’s recommendations, it will be used by the insurance company to minimize your claim. They will say that if you were truly injured, you’d have followed the doctor’s orders. Doing this could severely damage your legal claim, and to add insult to injury, your pre-settlement funding application could be jeopardized as well. 

Be Completely Honest with Your Doctor and Your Lawyer

This goes without saying but it’s important to be truthful about your injuries and the circumstance of your accident. You need to be up-front with your lawyer about prior injuries so they can anticipate any defenses raised by the insurance company.

Similarly, be honest with your doctors so you can get proper treatment and maintain your credibility, which would be important if the case has to go to trial. If you lose credibility, the insurance company will reduce the settlement amount, which also reduces the amount of any lawsuit advance you may qualify for.

Don’t Give a Recorded Statement to the Insurance Company

The insurance provider will most likely contact you within a few days after the accident and ask for a recorded statement. Most injured victims during this time are very emotionally distraught and end up saying things that damage their claims in the future.

The best thing to do here is to speak with the insurance adjuster only if you decide NOT to hire a lawyer and only after you’ve had time to calm down and discuss the accident rationally. This recorded statement is simply an effort by the insurance company to pin you down regarding the details of the accident. If you say the wrong thing, they will use it against you to reduce their settlement offer to you.

Don’t Discuss Your Case with Anyone Except Your Lawyer

This may not seem like a big deal but it is. If you discuss your injuries, treatment, or the facts of your case with your colleagues, neighbors, or random people on social media, it may come back to haunt you. You never know who might be listening or how they might interpret your statements. It’s best to talk about the case only with your lawyer.

Apply Today for Risk-Free Lawsuit Settlement Loans

At Direct Legal Funding, we offer personal injury claimants with low-interest lawsuit advances that are to be repaid only if the case is won. There is no hidden or upfront fee, and we don’t check your credit score or financial history to approve your application. You can get approved for pre-settlement funding within 1-2 days, and then have the money in your hand within 24 hours.

You have enough on your plate with the injuries and pain and suffering – you shouldn’t have to worry about paying the mounting medical bills and meeting your household expenses, especially when you are injured or recovering, and might not be fully fit to work.

Our dedicated team at Direct Legal Funding is here to help you with competitive, non-recourse pre-settlement loans. Contact us today to find out how it works or fill out this short online form to start the process right away. You can also call us at 866-941-5588 to talk to one of our lawsuit funding specialists.

Car Accidents in Gary, Indiana

Posted on by karan k

If you have ever been in a car accident in Gary, Indiana, you may need the help of a reliable lawsuit loan to get you through the tough times until a verdict or settlement is reached. The majority of people who get seriously injured in car crashes are not able to work for a long time following it. However, that doesn’t mean they stop needing money to pay their bills.

While you are waiting to get a settlement offer or jury award on your case, and money is tight, you can apply for a lawsuit loan. It won’t only help finance your personal expenses but could also result in you not having to settle your case for far less than what you rightfully deserve. 

A lawsuit loan or a lawsuit cash advance in Gary, Indiana, allows you to take an advance on the potential monetary compensation of your case. In relation to this, in order to get the most out of this advance, it’s important to choose the right provider.

The Steps to Obtain Settlement Funding in Gary, Indiana

Even though it’s referred to as a “loan”, applying for a lawsuit cash advance is nothing like applying for a car loan or home loan. For starters, the loan providers don’t need to check your current financial state or credit rating to evaluate your eligibility. Secondly, the process is a very short one; once you fill out the application, it only takes 2-3 days for you to get the money (if your application is approved).

Here’s how it goes:

Step 1: You can fill out the application online or the loan provider company takes your application over the phone.

Step 2: The provider asks you if your attorney is authorized to talk with them, then they contact your attorney to get the information pertaining to your case.

Step 3: Once they review your case, they will call you back to let you know whether you’re eligible to get the loan.

Step 4: If approved, they will send you the money between 24-48 hours via an overnight check, Western Union, or a wire transfer.

State Law Regarding Pre-Settlement Loans in Gary, IN

Indiana has a “comparative fault” rule for personal injury cases, which means that when the plaintiff (injured person) is found to be partially responsible for the accident, the damages they can claim could be reduced. For example, let’s say you were driving a couple of miles per hour over the speed limit, and another driver makes a sudden turn and crashes into you. If it’s determined that the crash was 25% your fault, the other driver bears 75% of the responsibility. 

According to Indiana’s law, your damages compensation will be reduced by 25%. Stemming from this, if your total damages in the above instance were $20,000, you’d be able to collect $15,000 (i.e., 75% of the total).

As long as your responsibility for the accident is below 50%, Indiana laws state you will be able to receive compensation for your injuries.

Previous Personal Injury Cases in Indiana

Car and truck collisions are, unfortunately, a common occurrence throughout Indiana. In one case, a 20-year-old woman suffered debilitating injuries after being hit by a semi-trailer truck on I-65. The jury found that the truck only hit the woman’s car because it spun out of control on an icy road and was blocking the truck’s lane of traffic. After determining her fault to be 50% in the case, the jury awarded her $5 million in damages.

Statistics on Car Accidents in Indiana

In recent years, more than 100 fatalities have occurred each year in thousands of accidents in Indiana. About 2,681 collisions occurred in 2019 alone in which 101 people lost their lives. The pandemic did lower these numbers to a degree; crashes involving injuries and fatalities have declined about 7% annually since 2014. Still, Indiana has a long way to go in traffic and road safety.

Average Time It Takes to Get a Lawsuit Loan in Gary, Indiana

The majority of applications for lawsuit advances are approved or rejected within 48 hours of submitting the application. If approved, you can have the money in your bank account within 1-2 days. Of course, the duration of this process also depends on your lending provider. At Direct Legal Funding, we pride ourselves on having the fastest loan approval process in Indiana to provide financial assistance to those who need it the most.

Factors That Can Expedite or Delay the Loan Approval Process

You can make sure your application goes through the motions smoothly by letting your attorney know about your plans.

Before you contact the lender, talk to your lawyer and let them know that you’re going to be applying for a loan. The most critical part of the application approval process is the lending provider talking to your lawyer to obtain the case details. And lawyers are busy people – if your lawyer doesn’t have your entire case information ready at hand, this step can take several days. 

If you have not hired an attorney yet because you’re thinking of filing your personal injury claim on your own, please know that you can’t apply for a lawsuit loan in Gary, Indiana, without having a lawyer. To fast-track your application, please retain one before applying.

Major Intersections and Roads in Gary, IN where Accidents Occur

If you’ve lived in Indiana for a while, you know that the roads here are some of the most dangerous in the nation. The city of Gary is no exception. As a driver in this part of the country, you must practice defensive driving and be attentive at all times, especially when you are driving on the following roads:

  • Interstate 65
  • Interstate 70 
  • Interstate 80/94 (Borman Expressway)
  • Interstate 90
  • Highway 60 (infamously referred to as “Death Row”)

Leading Hospitals and Medical Centers in Gary, IN

For most injuries resulting from a vehicle collision, you should get an imaging exam to determine the severity and extent of your injuries. There are some great healthcare providers in Gary that offer round-the-clock medical care for minor and major accident injuries, including:

  • Methodist Hospitals (Midlake Campus and Northlake Campus)
  • Methodist Physician Group
  • St. Catherine Hospital
  • St. Mary Medical center
  • Franciscan Health Munster
  • Pinnacle Hospital

The Average Cost of Healthcare in Gary, IN

Insurance premiums and out-of-pocket health care costs in Gary are lower compared to the average nationwide as well as in other cities in Indiana. If you are a single adult, you can expect to pay around $3,558 per year for healthcare, compared to $3,830 across Indiana and $4,260 across the country.

Let Direct Legal Funding Help You Get Back Up On Your Feet Again

Our pre-settlement advances can help cover your medical bills and provide for your family until your personal injury case reaches a resolution. We don’t need to check your credit rating or your employment status to approve your application.

You might be asking “what’s the catch?” There is none! We provide this legal funding against a pre-determined percentage of the settlement you’ll receive in the future. If you lose the case and don’t receive any compensation, you won’t have to worry about paying us back. The loss will be ours alone to bear.

To apply for no-collateral, no-risk, quick-approval lawsuit funding in Indiana, fill out this form online. If you have any questions, you can call the dedicated team at Direct Legal Funding at 866-941-5588 or contact us online.