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Tag: personal injury

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 Long Will My Personal Injury Lawsuit Take to Settle?

Posted on by karan k

We wish we could give you a straightforward answer to this important question, but the unfortunate truth is, personal injury cases can take months or even years to resolve – depending on the specific circumstances of your case.

This is largely because insurance companies make more money by denying claims. They know you are likely out of a job because of your injuries; they know you have mountain-high hospital bills; they know you may have lost a loved one whose sole income supported your family; they know you’re worried about paying your rent or your kids’ school fee. 

No matter how “nice” an insurance adjuster may seem, keep in mind that they are working for a huge corporation, and not for you. Insurance companies work on the principle of “delay, deny, and defend” when it comes to handling claims because they have the benefit of time that you don’t.

One very helpful way to level the playing field when dealing with insurance companies is to apply for lawsuit settlement loans. If you are working with an attorney, you may qualify for pre-settlement funding, which provides you with a lawsuit advance on the settlement funds you expect to receive. Direct Legal Funding is one of the leading lawsuit funding providers in the US.

Key Reasons Why Your Personal Injury Claim May Several Months (or Years) to Resolve

Insurance providers know that the longer they keep you from the settlement money, the more desperate you are likely to get. In fact, they hope that you will get mad at your lawyer or the courts because that’s when you will be willing to take pennies on the dollar.

This again is where pre-settlement loans help injury victims by removing the leverage insurance companies have. Car accident loans, construction accident loans, and other forms of lawsuit funding give injured plaintiffs the funds they need to get them through difficult financial times.

Here are the most common reasons why injury claims take so much time to reach a resolution:

There are Complex Legal Issues in Your Personal Injury Case

In some cases, lawyers have disagreements about the law, which causes both parties (i.e., plaintiff and defendant) to file motions. A motion is a paper filed with the court requesting that the judge take a certain action.

For example, a “motion to strike” refers to a request for the judge to remove something in a complaint because the moving party believes the element of the complaint is improper.

There are several different types of motions, but they all really have the same purpose: to determine how the law applies to a case. Since motions can be complicated and numerous, it can take time for your attorney to write legal briefs (these are meant to help the judge in making a decision) on your behalf. Once a case is argued, judges usually have 90 days to make a ruling.

In the meantime, if you have a strong case and your attorney can demonstrate that to our pre-settlement funding specialists, you can apply for a lawsuit advance to get you funds to help you through these delays.

The Other Party Has Disputed Your Claim

The other driver claims that you were speeding but you are convinced you weren’t. In disputes like these, your attorney has to prove that you are right, and that can take quite a while. In personal injury cases, the burden of proof lies on the injured victim. Generally, written documents such as police reports and hospital bills will not be enough to prove a case.

There will have to be out-of-court sworn testimonies (depositions) and expert investigations before the responsible party can evaluate their risk of trial. Disputes can arise as to how injured the plaintiff is, exactly how the incident happened, and whether or not the defendant is responsible for the injuries.

You Are Still Undergoing Treatment

Aside from insurance companies playing their usual games to deny or reduce your claim, this is one of the single biggest reasons cases take time to settle. Once you have signed the hospital/ER release form, you can’t come back and ask for more money.

For example, if you sign the release on day 1 and then on day 2 the physician tells you that you have a traumatic brain injury due to the accident, you will have to pay for that treatment out of your own pocket.

So, an injury case should only be settled when you are completely done with treatment, or when your physician believes you have received all the care you need at that moment and has given you a written estimate about your future care needs.

While you are going through treatment and waiting to know the full extent of your injuries, medical bills can pile up. This is another reason to consider applying for pre-settlement funding. Lawsuit settlement loans can help cover bills for medical treatment and other costs you have incurred during your ordeal.

Your Case Records are Delayed

The police officers have several weeks to create a report about an accident (this duration varies depending on which state you live in). Sometimes, in particularly catastrophic and complicated accidents, it takes them ALL of that time to issue their report.

Also, even after your report has been issued, it may take months for the cops to give it to you or your attorney. And even the most meticulous attorney can’t move forward in a case without this report. Not to mention some hospitals can take forever to provide records, no matter how many requests your attorney makes. There is nothing your attorney can do when these delays occur.

It can be very frustrating when unexpected delays happen, but you can still get money in the meantime by applying for a lawsuit advance. Pre-settlement loans have helped many people who have been in your position before.

Your Attorney Needs Time to Gather Evidence and Build a Strong Case

Attorneys have to gather a lot of information for every case, but they are busy people. Ideally, your attorney should keep you informed about every step they take. If you haven’t heard from them in a while, don’t hesitate to check in with them.

Every case is different so you and your attorney should have a continuous dialogue about how long your case will take. Some cases don’t involve complex disputes, while others may involve appealing to the higher courts, which can take years. Some medical providers turn over records quickly, others take their sweet time.

Never ever feel hesitant about asking your attorney approximately how long your case will take to settle. And even if they give you a clear answer, remember that your proactive involvement can help ensure that they are diligently working on your case to get it resolved as quickly as possible.

Need a Quick Lawsuit Settlement Loan to Tide You Over Until You Get a Fair Offer? Contact Us Today!

At Direct Legal Funding, we offer no-risk pre-settlement loans to personal injury plaintiffs across the country at highly competitive interest rates. You can use this lawsuit advance to pay your mortgage, rent, utility bills, credit card payments, medical bills, and whatever else you want.

Since we offer pre-settlement funding against a percentage of your potential settlement that you might win, we don’t need to check your credit score or financial history to approve your application. Fill out this form to start the process and you can have the money in your account within 48 hours or less.

If you have any questions and would like to talk to our lawsuit funding experts, call us at 866-941-5588 or send us a message here. 

How is The Value of a Personal Injury Lawsuit Determined?

Posted on by karan k

If you are thinking of filing a personal injury lawsuit, the biggest question in your mind is probably, “how much is my case worth?” The answer to this question depends on which state you live in because state laws vary when it comes to calculating damages.

Generally speaking, you can be compensated for economic and non-economic damages. Economic damages refer to the compensation for monetary losses, such as hospital bills, lost wages, rehabilitative treatment in the future, loss of earning capacity, and property damage.

Non-economic damages, on the other hand, refer to compensation for losses that cannot be quantified in monetary terms. These are subjective in nature, such as emotional distress, pain and suffering, loss of enjoyment of life, and loss of companionship.

If you are involved in a lawsuit in which you expect a sizable settlement, you can obtain pre-settlement funding, which is essentially a cash advance on the funds you will eventually receive. Lawsuit settlement loans are non-recourse in nature, which means your lawsuit advance does not need to be paid back if you don’t win your case.

Key Factors that Help Calculate Your Lawsuit Settlement Amount

There are several different factors that are considered when valuing personal injury cases. The insurance company is required to compensate the injured claimant for lost income, medical treatment, any permanent disfigurement and disability, property damage, and pain and suffering.  

If you are considering a pre-settlement loan, bear in mind that a standard settlement package is supposed to be based on certain documents to help with the negotiating and settling of the claim. These include:

Medical Records and Bills

This provides the most definitive proof of your injuries and the severity of them. You (or your attorney, to be more precise) should include these documents in every settlement package. Failure to do so will result in the insurance company severely undervaluing your case.

A skilled personal injury attorney can also hire medical experts to estimate your long-term medical costs, physical therapy, and rehab expenses, and the future cost of ongoing medications, assistive devices, and so forth. This will raise the value of your claim and any pre-settlement lawsuit funding that you receive. 

Lost Wages

Apart from suffering physical injuries, an injured plaintiff can also receive compensation for lost income due to these injuries. To pay money for the lost wages, the insurance company usually needs documentation from your employer showing the time you missed following the accident, as well as medical records that support the fact that you missed work. If you have suffered a long-term full or partial disability, your attorney will also include the future loss of income in your claim.

Property Damage

This is the simplest one to calculate. A lot of the time, the property damage claim is settled prior to all other claims, however, if it’s not resolved early on, it should definitely be included in your settlement package. If your car or bike was damaged in a crash, take it to the repairs and include that bill for this part.

Pain and Suffering

This refers to the physical, mental, emotional, and psychological pain and suffering that you may have endured due to your accident. Unless you are a trained legal professional, it’s virtually impossible for you to determine a proper value for this claim.

If you have significant pain and suffering that did not resolve within a few weeks of the accident, it’s recommended to seek legal representation (if you haven’t already). In personal injury cases, pain and suffering are usually the largest financial component for damages.

A sizable pain and suffering award can greatly enhance the amount of pre-settlement funding you may qualify for. Whether you are interested in a car accident loan, construction accident loan, or any other type of lawsuit advance, working with an experienced attorney is extremely important in ensuring that you obtain the maximum amount of compensation.

Loss of Enjoyment of Life

This refers to the inability to do things that you once enjoyed doing before the accident. Again, only a skilled lawyer can accurately determine the monetary value of this type of subjective loss and thus how much this portion of your settlement will add to your available lawsuit funding.

Factors may include:

  • Work activities (like driving yourself to and from work)
  • Domestic and household activities (like doing the laundry or picking up your child in your arms) 
  • Studies/educational activities
  • Sports activities (like working out or playing badminton)
  • Hobby activities (like gardening or yoga)
  • Traveling
  • Social activities (like going out with friends)

Determining Damages in Car Accident Cases

There are many types of personal injury cases – vehicle collision, workplace accidents, product liability, premises liability, animal bites, medical malpractice, police brutality, and so on. The most common of these is car accidents.

In these cases, there are three types of damages:

  • The damage to the car
  • The damage to the people in the car; and
  • The damage to the property inside the car

Most often than not, the insurance companies only pay for the damages to the vehicle. If your car was completely totaled in the accident, insurance is legally obligated to pay for the car’s value. They shy away from paying for anything that was damaged inside the vehicle.

Car Seats

If you didn’t know this already, let us remind you: insurance companies want to pay you as little as possible for whatever damage anyone inflicted on you and your property. This is why even though car seats are one of the most common things that get damaged in an accident, insurance providers try to get out of paying for them.

But regardless of which state you live in, you have the right to be compensated for them by the at-fault party’s insurer. Also, if they say they will pay you a “diminished value” for the car seats, don’t buy them.

A skilled attorney will make them pay for it all. And just imagine, if they are trying to nickel-and-dime you on the value of your car, how are they going to treat your medical bills? With an experienced attorney in your corner, you will be in position to maximize your settlement, which will qualify you for a sizable car accident loan in case you need some funds to get by until you receive your settlement.

Get a Lawsuit Advance to Fund Your Injury Claim and Ease Your Financial Situation

Even if you have a good lawyer and a compelling personal injury case, the wheels of justice turn slowly. Your injury case could take several months or even years to reach a resolution. Unless you have large alternative sources of income or significant family wealth available to take care of you, you’re probably going to have a tough time paying your bills.

At Direct Legal Funding, we offer low-interest lawsuit settlement loans to personal injury case plaintiffs to help them with finances until they receive a fair settlement offer or verdict. If you’re thinking of filing a claim and need pre-settlement funding to help pay your mortgage, rent, utility bills, hospital bills, groceries, credit card payments, or anything else, we are here to help.

Our lawsuit funding application process is very straightforward – you can fill out the application in as little as 5 minutes, after which we will work with your attorney to handle the rest. If approved, you could have the lawsuit advance in your bank account within 24 hours. If you have any questions or concerns, don’t hesitate to reach out to our knowledgeable team online or call us at 866-941-5588.