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

Are you one of the thousands of individuals who have filed a lawsuit against an individual who caused injuries in a car wreck? If so, are you considering obtaining lawsuit funding, settlement loans, pre-settlement loans, litigation funding, etc.? If so, have you been considering whether you should disclose your past medical history? In most instances, the answer is a resounding, “Yes!”

While testifying on behalf of a plaintiff recently the relevance of a past medical history came quickly to the surface. The individual appeared to have sustained injuries as result of a pretty substantial motor vehicle collision. Medical expenses appeared reasonable. The duration of care appeared appropriate. Unfortunately, the plaintiff appeared less than truthful to the jurors.

Plaintiffs should not lose sight of the fact that when lawsuits are filed, the individual’s honesty and integrity are likely to play a very significant role. While it is true that most litigation is likely to become combative at times, it is certainly essential that plaintiff are wary of creating unnecessary pitfalls. Attorneys are very unlikely to be willing to take the case to trial if the plaintiff appears unrealistic with respect to either their testimony or expectations regarding a potential settlement. It is also extremely unlikely that funding-entities we’ll advance either lawsuit funding or settlement loans to such plaintiffs.

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.

I would encourage any individual who has sustained injuries as a result of a car wreck to seek legal representation subsequent to obtaining requisite medical attention. Insurance carriers are going to work very quickly to either discourage you from pursuing the claim or settle the claim very quickly. Insurance carriers are also likely to work very quickly in an attempt to gather any potentially incriminating information against you. Unfortunately, many plaintiffs will “hold the defendant harmless” (i.e., release the defendant from liability)prematurely, precluding the possibility of the plaintiff from obtaining requisite medical attention.

One must keep in mind that once the “Hold-Harmless Agreement” is signed, the plaintiff is never able to go back to seek recovery against the defendant. Sadly, in many instances individuals require lifelong care following motor vehicle collisions. Additionally, many of the injuries that create the greatest difficulty for individuals who sustain injuries in motor vehicle collisions don’t appear for months following the incident.

It is often very difficult to make a determination as to whether legal representation is required following a car wreck. It is also often difficult to determine what, if any, past medical history should be disclosed. (Customarily, the past medical history is relevant if conditions arising out of that past medical history impact, in any manner, the course of recovery for injuries sustained in the incident at-issue.) However, these decisions are customarily made much more easily upon consultation with competent legal counsel. A reputable attorney will notify the plaintiff that legal representation is not required in those cases that are easily managed by the plaintiff.

However, it is customarily safe to say that when individuals sustain injuries requiring medical attention following such an incident, it is appropriate to retain an attorney. It is unlikely that an individual’s insurance is going to cover medical services performed for the care and treatment of injuries sustained in a motor vehicle collisions. Furthermore, most patients don’t want to pay cash for the services on the date rendered. Therefore, Letters of Protection are required. To obtain this protection, individuals must have legal representation.

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.

Plaintiffs frequently conclude that it’s a good idea to hide elements of their past medical history. In many instances, plaintiffs will attempt to hide this information from their attorneys. This is a mistake that will often cost plaintiffs dearly! It would be a rare instance in which the plaintiff would be qualified to make a determination as to whether past medical history was relevant to the underlying case. It is foolish to assume that the insurance carrier will not be in possession of any and all information regarding claims that were filed prior to the incident in question. Although your attorney may be surprised at the past medical history divulged at trial, it will come as no surprise to the insurance defense attorney.

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.

Interested in learning more about lawsuit funding? Please visit us today. There you may learn more about lawsuit settlement loans and even apply online for settlement loans.

Published by: Dr. Tom Rhudy on May 30th, 2010 | Filed under Legal



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