You are in: Home > Law

Lawsuit Funding, Settlement Loans, Past Medical History And Car Wreck Cases.

27th May 2010
By drrhudy in Law
RSS Legal RSS    Views: N/A

Have you filed a lawsuit against an individual who caused injuries as a result of a car wreck? Are you considering obtaining lawsuit funding, settlement loans, pre-settlement loans, and/or lawsuit loans? If so, are you reluctant to disclose relevant past medical history?

Just yesterday, I testified in a case on behalf of a plaintiff who sustained injuries as a result of a motor vehicle collision/accident (MVA) . The MVA involved a pretty substantial impact to the plaintiff's vehicle. There is little doubt that the plaintiff sustained injury as a result of the MVA. The medical expenses incurred were reasonable. The duration of care also appeared appropriate.

It is important to realize that when lawsuits are filed against individuals, honesty and integrity play significant roles. Although one may correctly assume that any form of litigation is likely to become combative at times, one may significantly decrease the number of obstacles placed in one's path when a fair-and-balanced approach to the case undertaken. It is not only difficult to prevail in the underlying lawsuit prior to going to trial when dealing with unreasonable plaintiffs. It is also very difficult obtain either lawsuit funding or settlement loans for individuals who present claims that appear inconsistent/exaggerated when placed in context.

Although I am an attorney, it is important to realize that I don't represent individuals involved in MVAs. However, as a licensed healthcare provider, I am often called upon to provide expert testimony in such cases. Over the years, I've testified live-at-trial in more than 100 cases. I've now been deposed in close to 200 cases. Yes, the vast majority of cases in which I've testified have been at the request of insurance carriers, law enforcement, attorneys, defendants et al. Over the past several years, however, the testimony that I have provided has been most frequently at the request of plaintiffs' attorneys.

Prior to disclosing any factors regarding your case, individuals who sustain substantial injuries should, after seeking appropriate medical care, consult with an attorney. It is quite common for insurance carriers and others to attempt to put the plaintiff in a position in which incriminating information is provided and to resolve the matter in the least expensive fashion possible. However, this unfortunately leaves many plaintiffs in a position in which they are denied appropriate care and treatment.

In some cases, plaintiffs may require lifelong care as a result of injuries sustained in MVAs. If the plaintiff releases the defendant from harm that is caused by the MVA, the plaintiff doesn't have an opportunity to go back and get more funding/assistance. Furthermore, it is important to realize that the claim is forever settled between the plaintiff and defendant.

This is often one of the most frustrating aspects of litigation. What is the appropriate balance between plaintiffs handling their own cases and the need to obtain legal representation? Unfortunately, there is no clear line of demarcation.

In almost all instances, if an individual sustains injuries as a result of an MVA, it is advisable to seek legal representation. Although many of the situations that confront plaintiffs appear relatively innocuous on the surface, plaintiffs often find that they have waived their right to obtain requisite funding, medically necessary care, coverage for expenses arising out of the incident, etc.

For those considering pursuing either lawsuit funding or settlement loans as a result of injuries sustained in any MVA, it is essential that they seek appropriate legal counsel to assist in the underlying litigation. Failure to present a clearly-identified case essentially bars the plaintiff from any likely recovery as a result of injury sustained. Certainly, it is unlikely that a fair-and-equitable settlement will be reached.

It is important to keep in mind that the insurance carrier never goes into these situations without legal representation. In virtually all instances, defendants also go in with legal representation. Therefore, it's foolish to assume that the plaintiff is the only individual involved in the litigation process who doesn't need legal representation.

It is not uncommon for individuals to attempt to obscure what may be a relevant past medical history. However, this is almost always a mistake. It isn't up to the individual to determine whether a past medical history is relevant. Furthermore, it is myopic to assume that the insurance carrier will not have access to information regarding any and all claims that may have been filed in cases out of which relevant past medical histories may have emerged.

Furthermore, plaintiffs who proceed without legal counsel are unable to obtain lawsuit loans. This author is unaware of any funding-entity that will advance pre-settlement loans to individuals who are not represented by attorneys. Therefore, for those filing lawsuits and who are considering obtaining either lawsuit funding or settlement loans, it is an exercise in futility for those attempting to handle the litigation without an attorney.
This article is free for republishing
Bookmark and Share

Ask a Question about this Article

powered by Yedda