Category Archives: General

How lawsuit loans can help personal injury or wrongful death plaintiffs

Wrongful death and personal injury plaintiffs bring their situation to the courts because they believe that another party is responsible for an injury that may have had physical, financial, and emotional consequences. Victims and family members of the victims can file a civil suit against the party that they believe is responsible and seek compensation, but are often left to struggle to make ends meet until a settlement is reached. This can lead to struggles both in and outside of the courtroom, but many plaintiffs find that lawsuit loans can make the process much easier on their finances.

The victim’s family must handle the lost wages. For cases of both personal injury and wrongful death, the families of the victims usually struggle with lost wages that were a result of the injury, and sometimes the injury didn’t even take occur at the workplace. With lawsuit loans, plaintiffs borrow from their future settlement and then repay the loan at the conclusion of the pending trial or claim. The plaintiff can use this money to pay bills, medical expenses, and fill in the other gaps left behind by the lost wages.

With all that emotional stress, the plaintiffs need as little financial stress as possible. The emotional stress involved with wrongful death and personal injury cases can make other aspects that much harder to deal with and so the victims often find themselves distracted from all the responsibilities of their lawsuit and home life while dealing with this stress. Along with the emotional burden, the plaintiff must prepare for the case, make court dates, meet their lawyer, and other legal tasks along with maintaining their home. Using a lawsuit loan means that finances are one less thing to worry about and plaintiffs can focus instead on their lawsuit so that they can get back to having a normal life.

Personal loans can take time. We’ve already established that because of the missing income, families involved in a wrongful death or personal injury lawsuit need money to pay bills, but another important aspect is that they get the money fast. Bill collectors are eager to be paid regardless the plaintiff’s legal situation, and so many plaintiffs look to traditional personal loans. One of the problems with traditional personal loans is the application process. There is a lot of paperwork, a lot of credit checking, a lot of analyzation and therefore a lot of time before lenders are ready to hand out checks. With lawsuit loans, however, the application process is easy and fast, and so plaintiffs could expect to see a check within days of applying for their presettlement funding.

About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit www.smpadvance.com.

Why some workplace related lawsuit plaintiffs struggle, and how lawsuit loans can help

The plaintiffs of workplace related lawsuits are in a special situation because if they aren’t receiving a steady source of income, fighting a legal battle can become difficult. The plaintiff is most likely not being paid wages by the defendant during the lawsuit and this can put a real strain on the plaintiff because executing a lawsuit requires adequate funding. Here’s some financial traps that a lot of these plaintiffs fall into, and how lawsuit loans can help:

1. They might struggle to obtain a personal loan because they aren’t employed. These kinds of plaintiffs don’t have any income because of the incident that resulted in the lawsuit. In order to execute this lawsuit, they need a source of income to support themselves while they wait for a settlement to be reached. However, in order to get this funding, they must pass a credit check and may be denied the loan if they aren’t employed. Sadly, many lawsuits fall through because the plaintiff couldn’t get together funding or they’re forced into taking a lower offer than they were hoping for because of mounting debts. When plaintiffs take out a lawsuit loan, they are borrowing from their future settlement. Lawsuit loan applications mostly concern themselves with the details of the case and not the plaintiff’s financial history or employment.

2. They might not be able to find another job while they wait for their settlement. The plaintiff could be unable to find a new job if they’re injured or may have trouble finding an employer that isn’t intimidated by the plaintiff’s legal battle— in an already tough job market. Many employers won’t want to work around a plaintiff’s court schedule and if they do, the plaintiff has to deal with all of those lost hours spent in the courtroom instead of the workroom. A lot of times it’s just easier to hire an applicant with no legal baggage instead. This can be frustrating for plaintiffs who are relying on this source of income to support themselves during the lawsuit. Many plaintiffs in this situation find that lawsuit loans provide a lawsuit funding solution to help them get by while they await their settlement.

3. The defendants are typically larger companies with the time and the resources to drag out the case. Workplace injury and wrongful termination cases are fought against companies who can afford the best lawyers—they may even have their own legal team—and can also afford to drag the case out for a long time. These defendants are in a completely different financial situation that gives them a legal edge. They may have even fought similar lawsuits in the past and won. Plaintiffs need to not let themselves get intimidated by the resources of large companies and know that they have resources of their own to rely on. Using a lawsuit loan can take away the defendant’s legal edge and allow the plaintiff to fight the legal battle longer and get the settlement that they deserve.

About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit www.smpadvance.com.

How a Lawsuit Loan Can Help Your Slip and Fall Lawsuit

One of the most common types of personal injury lawsuit is the “slip and fall.” This is when the plaintiff has suffered an injury from falling in a place of business or even a private property. The struggles ahead of slip and fall plaintiffs include proving negligence and dealing with medical bills and lost wages. Lawsuit loans can help plaintiffs accomplish these tasks.

In court, the biggest hurdle a plaintiff will face is proving that the fall happened because of the owner’s negligence. The owners of these properties, whether they are a public place like a restaurant or department store or a private home, may be considered negligent if a person suffers an injury because of an unsafe situation. The owners cannot be held responsible in every situation, though. In order to be considered negligent, the injury must have occurred under specific conditions.

One of these conditions is that the owner of the premises, or one of their employees, caused the unsafe environment. This means that they spilled liquid on the floor or directly created the unsafe environment in another way. Another situation is that even if the owner or employee didn’t cause the unsafe environment, they knew of its existence and did nothing to prevent the accident from happening. When determining this, the court expects the employee or owner to have done what a reasonable person would have done in the same situation.

This is where things can get tricky. Also, it is usually taken into account whether the plaintiff was careless in any way. The issues of reason and carelessness are often the most disputed aspects of slip and fall cases and it is often what causes lawsuits to drag on for a long period of time. One of the complications of a long lawsuit is that the plaintiff is often suffering from medical bills and may not be able to work in order to pay these bills along with their everyday expenses. Oftentimes, defendants will count on the plaintiff’s financial constraints and will present a low offer. Unfortunately, plaintiffs often feel that they have no choice but to accept.

This is where lawsuit loans can help. In not only the case of slip and fall lawsuits, but in any lawsuit in which the plaintiff experiences financial difficulties, lawsuit loans give plaintiffs an advance on their settlement. This means that they can pay medical bills, mortgages, groceries, car payments, and some other expenses. Even better is that it gives plaintiffs the financial freedom to fight out their lawsuit as long as they need to and obtain the settlement they deserve.

About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit www.smpadvance.com.

Lawsuit Loans vs. Traditional Loans, Why a Lawsuit Loan Wins

If a plaintiff is in the middle of a lawsuit, funds could be tight. Many plaintiffs file the lawsuit because of an injury or another situation in which they can no longer work. Insurance can sometimes help meet ends meet, but often that is not enough. Often times insurance companies will prolong the process or practice delay tactics so that they do not pay out large sums of money. This can lead to further frustration and a lack of funds to pay for necessary bills or medical treatment. A lawsuit loan is the answer to your financial strains during the middle of a pending lawsuit or claim.

Some plaintiffs may decide to file for a personal bank loan. However, lawsuit loans are just for situations like this. Traditional borrowing is the most well known way to get cash, but this form of borrowing has its downsides especially when you are in a lawsuit.

A lawsuit loan company will give a cash loan using the impending settlement as collateral. These companies base their funds on a case by case basis to best determine the amount of the loan. The loan should be used to pay for bills or medical costs, however the money can be used as it is needed.

Banks, however, cannot make that risk. Unlike with lawsuit loans, the plaintiff’s credit history and employment factors into this process. If you have had past issues with credit, the bank can deny you. Basically, these traditional loans do not factor in the ongoing lawsuit and base eligibility on other factors. There is often a lot of paperwork and the process takes a long time to get a loan with a bank. When you are in the middle of a lawsuit or pending claim, you don’t have the luxury of time when waiting for a loan. Lawsuits can be very expensive and with your bills and/or medical costs adding up the money is needed quickly. Having the money in a timely fashion can also allow your attorney to fight for the settlement you deserve instead of settling for a lower amount.

A lawsuit loan is based on the strength of your case. If you have a bad financial history, you won’t have to worry about that as much while applying for a lawsuit loan. There are no credit checks or employment verifications needed to apply for lawsuit funding. The application process is very simple and once a loan amount has been determined, the money will be available within 24-28 hours.

When deciding between a personal bank loan and a lawsuit loan, it is important to know that lawsuit loans are designed especially for plaintiffs in lawsuits. It is the easiest route to take in getting cash during an impending lawsuit.

About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit www.smpadvance.com.

When a Lawsuit Loan is the Answer

No one is ever 100 percent prepared for the unexpected. There is absolutely no shame in admitting when you need a little help. When you or your loved one has been incapacitated by an accident, the expenses can quickly add up. Even if you have taken the necessary and prudent steps towards selecting an attorney and filing a lawsuit, mounting financial issues can bring your careful plans crumbling down.

A lawsuit loan can assist plaintiffs with medical and general living expenses, so that they can focus on the real work and planning of achieving a fair settlement. While researching lawsuit loans, or pre- settlement loans, some common misconceptions do arise. Since success is often about asking the right questions, here are a few that plaintiffs should consider and discuss with their family and loan provider:

When is the right time to consider a lawsuit loan?

If you are considering a lawsuit loan, you have more than likely exhausted all your available funds. A lawsuit loan is basically a cash advance on your settlement based on the value of your case. A percentage of the overall settlement can be dispensed to the plaintiff by their loan provider in order to pay pressing bills, medical expenses, and prevent evictions or foreclosure. Pre-settlement loans are most beneficial when they are used towards your most pressing needs.

How is a lawsuit loan different than a paycheck loan?

The confusion between these two occurs in instances of misinformation or misunderstanding. A paycheck loan or a payday loan is a short-term solution that comes with high interest rates and a prerequisite of employment. A lawsuit loan company realizes the situation that their client, the plaintiff, is in where they are faced with a potentially long-term legal negotiation and the possibility that an injury or death has resulted in a less than steady paycheck. Because of this, pre-settlement loans are not time sensitive and do not require credit approval or employment history checks upon application.

The loan company has made a careful investment in the success of the plaintiff’s case, and their loan is a means to see the plaintiff through to a fair settlement.

Plaintiffs should continue to ask questions of their loan provider and work with their attorney to find the best option available. It is with careful consideration that a plaintiff can make the decision to apply for a lawsuit loan and begin to piece back together their financial plan.

About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com.

Search and Seizure

Search and seizure is a legal procedure used mainly in common and civil laws. It is formally defined as the procedure used by the authorities (mainly police officers) and/or their agents, to search a person and/or his/her property. This takes place if suspicion of, or if an actual crime has been committed. The findings of the search are then seized, and used in the court of law as evidence for or against the crime committed.

There are certain rights and regulations that must be obeyed and followed with respects to these procedures, as per laws in order. The fourth amendment of the Constitution of the United States, explains, “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures…”. This basically states that every citizen of the United States has a personal right to privacy of their own person and their owned belongings.

Some of the search and seizure regulations with respects to laws and court procedures are as follows:

The Search Must be Valid: To perform a valid search, with respects to the court of law, there are several musts that should occur. One or more of these actions can result in a valid search, validated by the regulated court system.

Voluntary Consent by the Person or Owner of Searchable Properties: The owner of the property, or the individual them self must consent to being searched. If this is witnessed by two or more officials or authorities, the search can be me made. In cases wherein this may occur, these officials are not required to inform the possible suspect that they can refuse this search (requesting a search warrant). It is always in an individual’s best interest to understand these rights.

A Search Warrant Must be Obtained: The authorities looking to search a person or property, must obtain a valid search warrant from the court system. This search warrant must be presented to the owner of such properties, as information that the search is lawfully acceptable.

With respects to automobiles, the pre-search requirement expectations tend to be lowered. With reasonable suspicion the authorities and/or their agents are able to search a vehicle if they suspect crime or criminal activity is in effect. This method of search is allowable due to ‘exigent circumstances’. With this method, the authorities are under the belief that evidence may be destroyed if not found quickly, or that the suspicious property may immediately be of harm to citizens.

If the search is not valid in a case regarding either a person, property or automobile, the information gathered cannot be used against the suspect in a court of law. This makes authorities act extremely carefully in collecting the necessary data to complete a search.

As always, it is of best interest of any suspected individual to speak with an attorney regarding their legal rights, with respects to search and seizure. Defense in a court of law, can be a financial catastrophe, often requiring lawsuit funding. Being prepared and informed is often of great assistance.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com

White-Collar Crime

White-collar crime is defined as a crime committed by a person of respectability and high social status in the course of his occupation. This term was coined in 1939. Today, there are many complicated crimes that are often labeled white-collar – such crimes include fraud, bribery, insider trading, embezzlement, computer crime, copyright infringement, money laundering, identity theft and forgery.

The concept of a white-collar crime was first used by Professor Edwin Hardin Sutherland who differentiated crimes committed by those who worked in the business world as to those who committed street crimes. He presented his theory to the American Sociological Society as a study. The study would take into account crime and high society – something that had not been looked at in and of itself. In his presentation, he defined the crime by someone’s social status. His aim was to prove that white-collar crime and criminals were less likely to be put in jail compared to those of more visible and typical crimes.

Sutherland took the concept further and broke down crimes into two categories with crimes such as arson, burglary, theft, assault, rape and vandalism listed under blue-collar crimes which were further explained or blamed on psychological, associational and structural factors. With this, white-collar crimes were committed by criminals who were opportunists, people who learned they could take advantage of their position in life and their circumstances to accumulate financial gain. Such people were often educated, intelligent, and had affluence. These people were also smart enough to con their victims.

Today, crime is classified by the type of crime and the topic. One such type would be property crime, economic crime or corporate crime. Many crimes can only be committed due to the identity of the offender. Because of the trust given to certain individuals with particular positions or titles, the Federal Bureau of Investigation has defined white-collar crime to “illegal acts characterized by deceit, concealment or violation of trust and which are not dependent upon the application or threat of physical force or violence.”

Motives for white-collar crime have been defined as due to greed, fear of loss of face. Studies by Applebaum and Chambliss (1997, 117) state that those who commit crimes within their occupation due so to promote their own personal interests. This is done through altering records, overcharging or cheating clients. They state further that organizational or corporate crimes occur when corporate executives commit criminal acts to benefit their company by overcharging or price fixing, false advertising, etc.

Those who commit blue-collar crimes tend to be penalized more often due to the fact that the crime is more visible to police, while white-collar crimes are less obvious and sometimes more difficult to prove. Blue-collar crime often uses more physical force whereas with white-collar crimes the victim is less obvious and reporting can be complicated due to confidentiality issues. There is also the issue of how society sees the crime. Many may believe a crime committed with force or violence should be more punishable than a financial crime – yet when one looks at the effect on the victim, it is possible that white-collar crimes are more devastating as they can rob people of their entire life savings, something that cannot be recovered as opposed to the effects of being mugged.

Those who commit white-collar crimes serve less time or are not penalized due to the fact that they can often afford a better. Last, if a white-collar criminal is put in prison, it is usually in a minimum-security prison, a place that offers greater freedom and a safer environment than that of maximum-security prisons.

White-collar crime has possibly always been prevalent, but today, the details of its effects have become more widely understood and known making it more and more difficult for such criminals to escape punishment.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com

Foreclosure and Law

A foreclosure can formally be defined as the act of a lien holder, bank or other such entity terminating the ability for a mortgagor to redeem their property or equity within. This process is usually due to default, and forces the sale of property; often by auction. The proceeds of such sale are used to fulfill the debts owed in the case of default, as well as additional costs due to the lien holder.

In an economy that is being financially tossed upside down, foreclosures are unfortunately becoming more of a regularity in today’s world. This court-ordered event can take place for many reasons. The most common reasons for foreclosure are: overdue taxes, unpaid contractor bills, unpaid or late homeowners association dues or other collective debts.

There are several types of foreclosures. The two types most widely used, are:

Foreclosure by Power of Sale: This ‘power of sale’ clause if often written right into the mortgage or deed of a home. It is also known as non-judicial foreclosure. The lender files a lawsuit against the borrower post-default. This process then includes the sale of a property by the mortgage holder. It is a much quicker and cheaper option than most, but may still require a great deal of paperwork and hassle for the borrower.

Foreclosure by Judicial Sale: This type of foreclosure is available in all states, although requirements may vary from state to state. The sale of the property is monitored by a court, with the proceeds of the sale going to fulfill the debt on the mortgage. The remainder of the proceeds go to debts owed to the lender. These hearings will often occur in state or local courts. Vary rarely, such a case will take place within a federal court.

There are several other types of foreclosures, although, they are rarely used due to their limited availability. The length of time for a foreclosure to take place can vary from state to state. Terms of short sale, special arrangements with the lender or refinancing can assist homeowners in avoiding foreclosures temporarily. Some homeowners may even claim bankruptcy to attempt to avoid the foreclosure of a home indefinitely.

A foreclosure can also be contested, if the debtor believes the debts are not valid. The bank or lien holder may be sued, in this instance, to stop the foreclosure from progressing. The bank or lien holder can also be sued to collect additional damages due by the borrower. As foreclosures can remain on an individual’s credit report for up to seven years, it is always worth asking a professional for assistance or opinion.

On the flip side of a foreclosure occurring for a homeowner, an individual or family who may not have been able to afford a home initially, may find foreclosure homes to be more affordable. Although the strict loan applications via banks will remain, other lenders are often negotiating loans for ‘as is’ foreclosures each day. Consulting a professional regarding the loss or gain of a foreclosure home is recommended. As it may be a lengthy process from any angle, seeking the correct assistance is always in your favor.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com

Defining Workplace Harassment

Workplace harassment is defined as any type of unwelcome action toward an employee that leads to difficulty in performing assigned tasks or that causes the employee to feel he or she is working in a hostile environment. The term is further defined by the fact that the harassment may be based on such factors as race, gender, culture, age, sexual orientation, or religious preference.

Factors that must occur for workplace harassment to be recognized as illegal include: conduct that is unwelcome and offensive to the employee, the employee must voice his or her objection to the behavior allowing the offending person to correct their behavior, and the conduct must be of a nature that makes an impact on the employee’s ability to carry out his or her duties in an efficient and responsible manner.

Harassment in the workplace can take form in many ways. The most commonly noted are prejudiced remarks, tasteless jokes regarding one’s individual beliefs, age or sexual orientation, slurs, name-calling and irresponsible remarks made to intimidate regarding one’s age, religion or orientation.

According to the U.S. Equal Employment Opportunity Commission (EEOC), which enforces Federal laws prohibiting employment discrimination state discrimination occurs when it involves:

* Unfair treatment because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

* Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

* Denial of a reasonable workplace accommodation that you need because of your religious beliefs or disability.
* Retaliation because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

The EEOC also states that if you believe that you have been discriminated against at work, you can file a “Charge of Discrimination.” All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with their department before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person’s identity.

Whether you are covered under EEOC laws may depend upon who your employer is. Laws vary according to the type of employer, the number of employees it has, and the type of discrimination alleged. The number of employees an employer must have will depend on the type of employer, whether they are a private company, a state or local government agency, a federal agency, an employment agency or a labor union. Coverage will also be dependent upon the type of discrimination alleged. For example, under the Immigration Reform and Control Act, discrimination is prohibited based on national origin by smaller employers with 4 to 14 employees as well as larger organizations.

Who isn’t covered? People who are working as independent contractors, meaning they are not employed by the employer.

There are strict time limits in filing with the EEOC as well. In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment. You can look at the EEOC website for more information regarding rules, regulations and filing harassment charges.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com

Defining Bankruptcy

Bankruptcy laws have changed over the last decade. But despite the changes, bankruptcy is defined as a tool designed by the government to help individuals and businesses overwhelmed by debt. It is a process which allows debtors and businesses to regain control of their finances by eliminating or reorganizing their debt.

Filing for bankruptcy doesn’t always mean all of ones debts will be absolved under the bankruptcy code. Items such as back taxes, student loans and child support cannot be waived.

Bankruptcy is often considered by those who are unable to pay their minimum monthly payments on their debts. People considering bankruptcy are usually people who are receiving numerous letters and phone calls from bill collectors, have lost their income, have been diagnosed with a serious illness and have mounting hospital bills, or are experiencing a family emergency.

Each state has its own bankruptcy filing procedures and unique laws. Typically, bankruptcy for consumers is divided into two categories, Chapter 7 and Chapter 13.

Chapter 7 bankruptcies may be the most common form of bankruptcy as the filer’s slate is usually wiped completely clean and they are able to start all over again. This type of bankruptcy is called liquidation. A trustee is appointed to the filer and this person collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors.

With Chapter 13, or even Chapter 11 or 12, the filer has the opportunity to use future earnings to pay off creditors and reorganize their debt.

One either files for bankruptcy voluntarily or a bankruptcy can be initiated by a creditor. Once one has filed for bankruptcy, all creditors must stop harassing the debtor and cannot seek to collect payments outside of the proceeding. The debtor meanwhile is not allowed to hide assets, transfer property or secure interests. There are certain assets that cannot be touched by bankruptcy, depending on the situation and state. Such assets often include one’s Individual Retirement Account. One’s home is also another item one can possibly keep after filing for bankruptcy, if that home’s mortgage has been paid on time and is not late. The lender of the loan also must agree to the bankruptcy. Other items states allow individuals to keep include one vehicle, clothing, and personal items that have low monetary value.

Since the April 2005 change in bankruptcy law, those filing for bankruptcy have been given additional responsibilities. These include credit counseling and financial education requirements for individuals before they are discharged of their debt.

Other changes include your income. If a person makes a certain amount of income, they may not be able to file for Chapter 7 but may have to opt for Chapter 13. With Chapter 13 your debts are reorganized and you are to make monthly payments to your creditors for 3 to 5 years. How much one has to pay back and what those monthly payments are will depend on the bankruptcy court, how much you owe, how much you can afford to pay, and how much your creditors would have received had you filed Chapter 7.

As each state differs regarding bankruptcy law as does each individual’s unique situation, it is advisable to consult an attorney for more information.

Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit: http://www.smpadvance.com