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Personal injury arises when one is hurt from some form of injury, either physical or psychological, as the result of an accident.When a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice,he can cla im for monetary compensation if negligence on the other party can be proved.A tort is a private or civil wrong or injury for which a court of law may provide a remedy through a lawsuit for damages. When a person violates her duty to others created under general or statutory law, a tort has been committed.

The common type of tort is the negligent torts; negligent torts are not intentional, but arise when someone fails to act as a reasonable person to someone he or she owes a duty to, resulting in an injury. The elements of negligence are: A person owes a duty to the victim; he|she violated that duty; an injury arises because of that violation; and the injury was reasonably foreseeable as a result of the person’s actions. To succeed in a negligence action, the injured party must prove these elements by a quantum of evidence. Negligence can be summed up as one’s failure to exercise reasonable care. 

Intentional tort arises whe n a person intends to commit the wrongful act which results in injury. Usually, it does not matter if the injury is intended, or if the injury suffered is far more severe than was intended. Establishing that it was deliberately done is not necessary, the tortfeasor must have been aware that his injurious result. Examples of intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass.

Regional tort law can differ, often lawyers are specialized down to the city, for example:dallas attorneys

Relevant and valuable facts are to be considered before deciding to file for a personal injury case for these are crucial to get a winning case.Evaluate the strength of your facts and the quality of evidence. When dealing with facts, what is important is to identify who caused the damages and what are the damages. In order for a plaintiff to file a personal injury claim, a forteasor should be identified as the person who damaged something that of the plaintiff. ~ There are four important elements that would constitute personal injury case. It includes: the existence of a le gal duty owed by a person to others; he breach of the duty by one person; the breach of the duty being the proximate cause of damages suffered by a person; and the injuries incurred by a person. The presence of these four elements are compulsory to claim for damages deemed necessary as the result of the personal injuries sustained.

Regional Interests:

Dallas Personal Injury Lawyers

Most of the personal injury (including auto accidents) lawsuits plaintiffs, do not realize that they can qualify for non–recourse Personal Injury Medical and Surgery Financing. With the help of medical and surgery financing, they can take care of their immediate medical care, surgical treatment and hospital stay needs. Best part is, they pay back only if they win or settle their lawsuit. 

What Is Personal Injury Medical, Surgery and Hospital Financing or Funding?

Medical, Surgery and Hospital Financing is a new and unique form of personal injury lawsuit funding or financing. Hospital, Medical and Surgery financing gives personal injury lawsuit plaintiffs the financial means to pay their medical provider, while the advance financing provider assumes the risk of repayment. Medical and Surgery Financing provider takes all the risk associated with advancing cash on lawsuit case and medical care and surgical treatment.

Why Personal Injury Medical, Surgery and Hospital Financing are Not a Loan?

Personal Injury Medical, Surgery and Hospital Financing are not a loan in true sense. Loans are always repayable. But the Medical and Surgery Financing does not have to be paid back unless the lawsuit case is won or settled. This is non-recourse cash advance, which you pay back to Medical and Surgery financing company only if you win or settle the case. If plaintiff loses the lawsuit he or she does not pay back to Hospital, Surgery and Medical Financing Company. 

Who is Eligible for Hospital, Surgery and Medical Financing for Personal Injury? 

If you were injured in an accident and have filed a personal injury or auto accident law suit with the help of an attorney, but unfortunately you are not able to get timely and quality medical and surgical care because of lack of insurance coverage or the adequate means to pay for, than you may be eligible for Hospital, Surgery and Medical Financing. 

Thousands of Americans are injured daily in auto accidents, slip & fall or other kind of accidents in America. We have the best health care system in the world. But Americans without health insurance coverage at some time during 2007 totaled about 18% of the total population.

 Every day many victims of personal injuries are desperately in need of timely and quality medical and surgical care but they do not have health insurance or the adequate means to pay for medical treatment, surgical operations and hospital stays. Auto accidents and other personal injuries cause the loss of time, property, health and even life. 

Being injured is unfortunate. And getting injured and having no proper or adequate insurance is devastating. Not knowing where to turn, who to trust and what to do about your medical, surgery and hospital bills is frustrating? 

Solution: Personal Injury Medical, Hospital and Surgery Financing. 

If you have cash money, you can get things and do things. Virtually all personal injuries are considered for medical and surgery financing. 

The Process to Secure Surgery and Medical Financing or Funding: 

1.  There is no upfront fee or any monthly fee to apply for Medical and Surgery financing or funding. 

2. No credit or bad credit is alright. No employment requirement is required. Approval of Medical and Surgery funding is based on the strength of lawsuit and not on financial status of plaintiff. Underwriters review claim on its merits alone.  

3. Underwriters review the documentation supporting injury and lawsuit. They speak with plaintiff and his or her attorney to help understand the lawsuit, and the medical care and surgical treatment needed. 

4. If approved the check is sent to medical provider of plaintiff directly to cover medical, surgery care and hospital expenses.

 5. You only pay back only if you win or settle the lawsuit! If you lose the lawsuit case, you pay nothing. You owe nothing!

Medical and Surgery Financing has made quality medical care accessible to personal injury lawsuit plaintiffs. In addition, Medical and Surgery Financing cash advance may be a very important tool when the insurance carrier of defendant, makes a low ball offer for lawsuit settlement. You can then use a Medical and Surgery Financing cash advance as a financial tool to say no to the low ball offer and have the financial strength to wait for a higher and fairer settlement.

Most of plaintiffs involved in lawsuits do not realize they can get cash advance before their case settles. It is called Lawsuit funding or often referred as Lawsuit loan, Lawsuit Settlement loan, Lawsuit Settlement funding, Litigation financing, Lawsuit cash advance Legal loan or Lawsuit pre-settlement funding. But these are not loans because, lawsuit loan is repaid only upon successful verdict or settlement of the lawsuit.

Why Lawsuit Funding or Lawsuit Loan is really not a Loan?

Typical loans are repayable absolutely. But lawsuit loan is a non-recourse debt, a secured loan (debt) that is secured by a pledge of collateral. When a plaintiff is funded for lawsuit loan the collateral is future settlement of lawsuit, but for which the borrower is not personally liable.

Lawsuit settlement funding is a non- recourse lawsuit loan or lawsuit cash advance. It carries no risk because plaintiffs owe nothing if they lose the lawsuit.  Lawsuit settlement loan programs provide them with immediate cash to give them and their attorney time to negotiate a larger cash settlement!

Lawsuit settlement loan or Lawsuit settlement funding can provide a very timely financial solution to help plaintiffs who are having financial difficulties. Usually the plaintiff’s financial hardship is the result of being injured and not being able to work.

Mostly lawsuits plaintiffs have missed work or lost their job and can no longer meet their mortgage/ rent or car payments. Many of them may be one or two payments away from foreclosures. They may be in need of medical treatments. They need to pay children education expenses and monthly bills.

Benefits of Lawsuit Settlement Loan or Lawsuit Settlement Funding Programs:

But now these new lawsuit loan or litigation financing programs are great help to plaintiffs. In the past, these claimants have needed to accept lesser settlement amounts due to pressing financial difficulties. Now, clients can sustain their personal lives and give the attorney the necessary time to achieve the full value of the case.

Lawsuit Loan or Lawsuit Funding Program: How does it work?

The process to receive lawsuit loan or lawsuit funding is risk free & simple. Approval is fast. Plaintiff may have a bad or no credit. There are no monthly payments. This total process is confidential, prompt and discreet:

1.  The first step to obtain a lawsuit loan is to complete an Application Form. Making an Application is free and there is no obligation

2.  Plaintiff authorizes attorney to release case information to underwriters

3. Quick and thorough underwriting process to qualify client.

4.  If approved plaintiff and his attorney complete lawsuit funding agreement

5.  Bank check delivered to plaintiff. They can use the cash advance in any way they like.

6.  Plaintiff payback upon successful settlement/verdict of case

7.  If plaintiff loses case, plaintiff owes nothing to lawsuit settlement funding company

Lawsuit loan or Lawsuit funding is available for many types of lawsuits:

Some of them are:

-Auto Accidents, Personal Injury, Pedestrian injury any type, etc.

- Plane, Train, Ship and Boating Accidents, Passenger Injuries etc.

- Slip/Trip & Fall Cases, Burn Injuries, Dog Bites, etc.

- Employment Discrimination, Wrongful Termination, Sexual Harassment,

Disability Discrimination, Age Discrimination, Whistle Blower (Qui Tam) etc.

- Malpractice: Medical, Legal,

- Medical Malpractice- Wrongful Death, Birth Injury, Failure to Diagnosis,

Medication Errors etc.

- Nursing Home Abuses,

- Construction & Gen. Negligence, Ceiling Collapse,

- Mesothelioma/Asbestos,

- Pharmaceutical Litigation: Zyprexa, Fen-Phen, Vioxx etc.

- Faulty Products: Guidant, Medtronic Leads, Ortho Evra etc.

- Police Misconduct/Brutality etc.

- Wrongful Arrest, False Imprisonment etc.

- Wrongful Death.

- Worker Compensation cases (not in all states).

And many more.

Advantages of Applying with a Reputed Lawsuit Settlement Loan Company:

A reputed lawsuit funding company will provide appropriate amount of lawsuit settlement loan in a timely manner on most types of lawsuits including auto accident, personal injury, employment discrimination, false imprisonment, medical malpractice, wrongful death, workers compensation, civil rights, legal malpractice, class action, construction negligence and more.

The legal system is unmapped and little known area for most of plaintiffs. A lot of lawsuit plaintiffs are being forced to settle early for way less than they deserve because they simply can’t afford to wait any longer. But with the timely help of lawsuit loans or lawsuit funding; there is no reason for them to settle for less than merit of their lawsuit.

Whenever someone is injured in a car accident in Georgia that was caused by another person, that persons insurance company will immediately begin working behind the scenes to prepare to defend their client.

And what I see happen many times is the person that was injured makes a terrible mistake and endevors to handle their motor vehicle crash in Georgia on their own.  And as part of that process the insurance adjuster will politely ask or even require that the injured person sign a medical release so the adjuster can obtain their personal medical records.

The larger problem with this, and what is not usually discussed is the legal language of the medical release itself.

It often gives the adjuster the right to look into your medical background and does not restrict them to investigating the car crash only. The adjuster will use this information to seek out other injuries you may have had to the body parts you claim for your accident. Why do they do this?

Well, the obvious reason is it gives them an opportunity to claim that your injury was a pre-existing condition or your condition is the result of an incident that occurred prior to the car crash and was not the direct consequence of the auto collision. They will in turn alter their reserves or lower the value of the claim which means you get less money overall.

My recommendation is this – it is important that you not sign or give anything to the insurance companies until you have spoken with legal counsel to find out if it is in your best interest to sign whatever document they are requesting. And a word of warning for those that have been injured in a car accident. Some adjusters have gone so far as to tell the injured person they will not be able to work on your claim unless you sign the documents they request.

This may or may not be true but if that happens to you, you should contact an attorney immediately to find out your legal rights. An attorney can help you and discover exactly what the insurance company is up to regarding your claim so that your rights are protected and not exploited.

If you are a loved one has been in an auto accident and you need help, do not hesitate to contact me at 770-948-5454 and see if this Atlanta Auto Accident Attorney can be of assistance to you and/or your loved one.

Ty Wilson is a personal injury and car accident attorney in Atlanta that assists those that have been injured in automobile accidents in the Atlanta Metro area.