The case below is a perfect example of how acquiring slip and fall lawsuit funding can help plaintiffs.
According to the plaintiff’s lawyer a slip and fall lawsuit, brought against a New York area convenience store in 2011, has reached a settlement agreement.
On January 21, 2011 the plaintiff, James Duboise, slipped and fell on a patch of ice outside a Grab ‘N’ Go Mini Mart on the intersection of Vanderbilt Ave and Richmond Rd. in Staten Island, NY. James Duboise declared negligence on the part of the convenience store that is attached to a Costal Gas Station.
Deboies reported that he lives close to the convenient store and walked from his home to the mini mart around 8:15 A.M. on January 21st. As he approached the store he slipped on an untreated patch of ice and the then 78 year old man fell down on the pavement in turn causing him to fracture his hip. He was brought to the local hospital where he received corrective surgery on his injuries.
His lawsuit was filed in Supreme Court, St. George in early 2011, claiming negligence on the part of Island Gas Plus Inc., the owner of the attached gas station, for failing to properly treat hazardous conditions on their property.
The lawsuit was filed by attorney Edward J. Pavia Jr. of the Eltingville-based firm Jonathan D’Agostino & Associates, whom Duboise hired to represent him. Duboise sought damages for mental and physical pain and anguish, disability, loss of enjoyment of life, and for medical expenses resulting from the slip and fall.
The defendants attempted to argue that the snowstorm had just recently ended and treating the dangerous conditions would have been unrealistic at that time. This led to the plaintiff’s representative’s consulting with a weather expert on the subject. The weather expert stated that the ice had developed 12 hours prior to the incident. It should also be noted that under most city laws, all sidewalks and walkways must be cleared of snow and ice within a few hours after a snowfall.
Although a victory in the end, James’ settlement of 200K was long overdue. It took 3 years for this slip and fall lawsuit to reach its end and in that time Duboise suffered a significant financial burden from his medical expenses.
Many plaintiffs are quick to settle because they do not want to face these financial burdens during the duration of the trial. In those cases the plaintiff receives a significantly lower pay out then they deserve. If the plaintiffs acquire slip and fall lawsuit funding they will be more inclined to follow through and wait for a full judgment or better settlement offer.
Plaintiffs in slip and fall lawsuit funding and other lawsuits such as: automobile accidents, med mal and legal mal cases, product liability lawsuits, worker’s compensation claims, and others, are provided a cash advance to help them through their financial struggles during a long court battle. Slip and fall lawsuit funding is not like traditional loans, although sometimes referred to as lawsuit loans or settlement loans. Considerations like credit or employment history are not factored in to approval decisions. The only concern for a slip and fall lawsuit funding company is the strength of a case and the likelihood of a positive outcome.
Unlike traditional loans, the borrower of slip and fall lawsuit funding is not required to pay anything until a judgment is rendered or a settlement offer is accepted. If a plaintiff loses their lawsuit, no repayment is required. Securing slip and fall lawsuit funding requires no upfront fees and the money provided can be accessed in as little as 24-hours. This could help those involved resist the urge to accept a lower offer and holdout for a more substantial settlement. Don’t let a business or corporation deny your right to a fair judgment with legal maneuvering. Fight back with slip and fall lawsuit funding from Fair Rate Funding.