Tag Archives: lawsuit funding

Lawsuit Loans for Workers Compensation

Workers compensation claims can be a devastating financial blow that may take resolution time consisting of weeks, month or even years. Lawsuit loans (also known as lawsuit funding or legal funding) can assist in minimizing that burden for the victim, the victim’s family and often times the future of the victim in the work world. It is always best to understand first, what a workers compensation claim is, so that if and when it does occur, the victim is knowledgeable about his or her options with respects to lawsuit funding.

Workers compensation applies as a claim mandated by each state. Rules and regulations as to what is considered a workers compensation claim varies by area. Generally speaking, a workers compensation claim occurs when an injury or illness takes place at a claimant’s work site location, in the course of that claimant’s work duties. This injury or illness often times prevents a claimant from returning to work and may effect the future of his or her work in the same field. Again, dependent on the state and their regulations, what may be a work comp claim in Nebraska may not have the same claimant benefits as that of a work comp claim in Illinois.

Also, dependent on the state and/or claim, a lawsuit funding company may or may not approve the funding. This is because some states, such as: Hawaii, Kansas, North Carolina and/or Oregon give the winning settlement directly to the victim, as opposed to the attorney or trust. This does not secure the idea that a lawsuit funding company will immediately receive their payment back for the legal loan. Although, as workers compensation has regulations dependent on state, so do legal funding companies. It is always best to discuss with a pre-settlement cash advance team whether or not your claim may be approved (even if you are located within these states).

Also within the category of workers compensation claims, is a third party liability claim. This claim is somewhat like that of a workers compensation claim, as it occurs at or in the course of a an individual’s work. Although, in this case, the injury or illness was brought about by a third party. In this instance, lawsuit funding still may be required to get a just settlement due to the victim and/or the victim’s family. The injury or illness resulting from a third party liability claim may keep the individual from work, while also having the financial burden on top of the stresses of settling the case with an attorney.

Lawsuit funding is a no-risk way in which to secure a victim’s family and minimize the financial strain when a workers compensation or third party liability claim is in effect. The legal funding team only asks for their return funding (and a fee for the pre-settlement lending) if the settlement proceeds. This means, for the victim, legal cash advances are a win-win situation.

Along with finding an informative lawyer in which to assist in the filing of a workers compensation claim, one must also consider lawsuit funding. As a no-risk way in which to better the life for you and your family after an injury or illness occurs, it is no wonder lawsuit funding has become so helpful and popular over the recent years.

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

Legal Funding for a Wrongful Death Lawsuit

A wrongful death lawsuit can financially devastate an individual, spouse or family, without the proper lawsuit funding to proceed with a case. It is often the situation that a family conclusively settles for far less than the wrongful death is worth financially and emotionally, for the remaining family members. There are several factors that determine a wrongful death, but consulting an attorney regarding laws, regulations and funding information is always in the best interest of the victim’s family or spouse.

What types of wrongful deaths may require pre-settlement funding? A victim’s family may have suffered a family member’s death with respects to: a defective product, medical misdiagnosis, a drunk driver or even an explosion. There are several additional causes of wrongful death, that can be discussed with a lawyer. Each case is different, and is be treated as such, respectively.

The bottom line is that the family or spouse left behind from such a tragedy, not only may suffer financially, but also emotionally. Considering the loss of a companion is a price-indefinite due. Also, if that individual was the head of household, their death may result in foreclosure of a home, loss of vehicle(s), incredible loss of monthly income or lack of proper childcare services.

The immediate funding necessary to complete a formal funeral in itself can also be quite pricey. Remaining medical bills can also lead to a pile of stress, due to collectors consistently calling and mailing information about amounts due. This is not fault of the loved one’s family, but an unfortunate situation they are, in turn, left with.

Legal Funding is an easy way in which to alleviate stress both financially and emotionally after the wrongful loss of a loved one. By calling a legal funding expert, an individual can apply for pre-settlement cash loan that is determined by calculating an estimation of the settlement amount. A portion of that amount is then given to the family seeking retribution for their loved one(s). Getting approved for legal funding can take as little as twenty-four hours, and having the cash in hand can be just as quick.

What are the risks of applying for a lawsuit cash advance? None. Legal funding experts will analyze your specific case, and listen to any information you wish to declare. They will determine how much your settlement will deliver, and give you a portion of that cash as soon as possible. Stresses can be greatly minimized by having the proper funding to distribute to your attorney or legal representative, along with paying all current funds due.

When your case is won, the money can easily be returned to the funding company, along with a fee for the lawsuit loan company. Legal funding is often recommended with respects to wrongful death suits so that family or spouses can pursue what is rightfully due to them. In only having to repay lawsuit funding if you win the wrongful death case, what do you have to lose?

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

Lawsuit Loans Explained

Lawsuit loans, also referred to in term as lawsuit funding, is the process of a firm providing a given plaintiff an advance amount of an anticipated settlement for a lawsuit. Additional references that lawsuit loans often go by, are pre-settlement loans, pre-settlement funding, legal funding, or lawsuit cash advances. It is common practice for individuals or even companies to require lawsuit funding or lawsuit loans to take on both large or small cases.

Legal funding is not like any other loan that is common in the bank or funding world. It does not require collateral, so your home, car, boat, etc. do not need to be put forward to receive such funding. Also, in most cases, the lawsuit loan is only paid back if the trial or settlement ends in success. Then the pre-settlement funds are re-paid, often atop a fee for loan.

A lawsuit can take anywhere from months to years for a settlement to occur. If a victim is injured from the claim, they may already have large sums of costs in medical damages, and unpaid time away from work. Most times, lawsuits can also require a great deal of upfront funding to pay for attorney costs, documentation, and additional childcare services.

A lawsuit loan can give a plaintiff a lift from the financial burdens an injury, a claim and all of its existing upfront repercussions. In having the money necessary to file the necessary claim, it often gives a victim the chance to get financial and emotional grievances due. In cases where plaintiffs may not opt to accept a lawsuit loan, they may have to settle for a far lesser value than was owed to them, leaving them in debt, and in settlement for a low and unfair amount.

There are a few common steps to apply for lawsuit funding, or pre-settlement funding. There is often an application that needs to be completed before anything. This application will ask for not only your contact information, but also a full description of the case. This can sometimes be handled over the phone, if you choose to speak to a legal funding company. It is truly dependent on the company itself.

The company often also asks for a release document, and possibly another signed document or two. The entire process can take between twenty-four and forty-eight hours, dependent on the company. After all documentation and application forms, etc. have been received, the funding company will take time to review them. Within a short amount of time the lawsuit funding company will bring forth an offer for the victim, as to how much they will fund, as well as how much the fee will cost when the suit is settled.

Each victim has particular needs regarding funds and their suit. A legal funding company can determine what amounts are necessary for each case. Lawsuit funding as a process is actually quite simple, and can back your suit so you are able to fight for the settlements you deserve.

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 Nepotism

Nepotism is defined as “Favoritism shown to relatives and friends, especially in business or political appointments.” The word is derived from the Italian word nepotismo which stems from the Latin term nepos (grandson, nephew). The word found meaning when popes in the Roman Catholic Church confirmed important positions to their sons. Because a pope was supposed to be chaste, the son was euphemistically called a nephew.

Today, nepotism is usually seen to be a negative practice due to the fact that it implies that the person getting the job, promotion, college admittance, or property is usually not otherwise qualified enough to have it. There are no uniform laws regarding nepotism, but there are many different ways to create laws of nepotism or practices as well as oppose already existing laws or practices.

Some states, cities or organizations will create their own nepotism laws. Nepotism laws will differ from state to state. Entities who do adopt nepotism laws typically only prohibit the ‘appointment’ of a relative to a position of trust or emolument. Emolument is defined as any advantage, profit or gain arising from the position in office.’ Emolument could be interpreted as anybody who has the authority to fire, hire or decide issues of salary, promotion, leaves of absence and other job-related benefits for a relative.

Another type of nepotism that occurs is within the educational system, when a family member is admitted on the basis of their family’s history at the school applied to. The school district itself would have to have nepotism laws in place to forbid such a thing.

Nepotism is very common in business and it is mostly accepted here as well. When it is looked down upon is when family members who are not qualified for positions are hired. There are no uniform national business laws regarding nepotism and the practice may be openly embraced by some businesses. But many businesses have rules that ban nepotism which can include family members and ones spouse. These rules are often the most difficult for people who meet at work and then marry.

Nepotism is a problematic legal issue to deal with because of its varying complexities. While most states have comprehensive anti-discrimination laws, nepotism may not be covered as a form of discrimination. To combat nepotism, one would have to consult an attorney for the proper laws to be put in place beforehand. The reason attorneys are used is because of the complexity of nepotism and its relation to discrimination and the law. For example, there are states who have laws and legal rights that argue that nepotism against married couples is a form of illegal discrimination.
If an employer has a nepotism law in place and the state considers the employers law to be discriminatory on the basis of marital status, that is, if they prevent qualified married couples from working together, they could be violating the discrimination law. Those who become fired for such reasons often seek legal consultation.

Those against nepotism say that if one has the qualifications to do a job, no matter how many relatives work in a particular company, that person should receive the job. To not receive such a job or to be fired later after becoming related to another employee, is causing many businesses lots of legal headaches.

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

Preparing For A Lawsuit

If you are in a position where you need to vindicate your rights or receive compensation for your pain and suffering, knowing how to prepare for a lawsuit is important. Without properly organizing your claim or conveying important information to your lawyer, you could sabotage your own chances of succeeding.

So what are the necessary steps in getting prepared?

1. Get Organized. Pull together all your evidence, witnesses and other pertinent information before moving forward. Having all your documents, phone numbers, contacts and paperwork together is critical. Whether your claim is being filed in small claims court, or the local superior/municipal court, you should ensure that you have gathered as much evidence for your claim as possible. Doing so will also make your attorney happy and their job easier. The most common problem lawyers have in dealing with clients is the client’s failure to keep relevant details of their claim. While you may not have every piece of information, taking what you do have to your attorney will help them have it on hand when ready. By having access to this information, you allow your lawyer ample time to issue subpoenas and obtain necessary supporting documentation.

2. Hire A Lawyer. Choosing the right lawyer is critical. You should set up meetings with a few different attorneys to ‘interview’ them. Many people can determine right away whether an attorney is honest and forthcoming. In personal injury and workers’ compensation matters, most attorneys offer a free initial consultation. You should discuss your case with the attorney the chance of success or failure. Know there are risks to every case and make sure the attorney you choose is honest with you in what those risks are. Ask your attorney whether they will be giving you periodic updates on the status of the case in writing or by phone. Also ask whether they will be your main point of contact or will communications be delegated to a paralegal or secretary. You will also want to know how the attorney will be charging you for his fees. Some are paid hourly while others will be entitled to a percentage of what they recover on your behalf (contingency fee). If you are being charged hourly, make sure you know the rate and if your attorney is working on contingency basis, make sure you know the percentage he is entitled to from your financial settlement or judgment. Try to obtain an estimate of what the case will cost to litigate. Ask your attorney what kind of experience he/she has in regards to your case. Also consider the size of the firm you will be dealing with. There are advantages and disadvantages to both big and small firms. Small firms can be more personalized and possibly have more time for your case but large firms are often more feared and are more reputable. Larger firms also have greater resources and manpower.

3. Ask Your Lawyer The Right Questions – In addition to hiring the right attorney, your part is critical too in the relationship and the case. You don’t want to feel in the dark during your lawsuit, mostly because you haven’t asked the right questions. Remember that your attorney is working for you, if you don’t understand something, don’t be afraid to ask your attorney to explain it to you. If the attorney isn’t willing to explain, you may have to retain a new one. Questions you will want to ask and be in the know about include:

• What stage the litigation is in?
• What are the court dates on calendar?
• Is your appearance needed at court, or only your attorney?
• What your possible recovery or remedies are? and
• What are the possible “negative” outcomes of your action?

While a lawsuit can be long and complicated, depending on your situation, the above three steps will help you get started in the process in a more successful way.

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”