What is the Statute of Limitations and How Does it Impact your Legal Claim?

The statute of limitations is a legal deadline imposed by the courts to bring a lawsuit or file your claim. The statute of limitations (SOL) to bring a personal injury lawsuit depends on the timing of the accident or injury causing incident. For example, in the state of California, a plaintiff or injured victim would need to file his or her lawsuit no later than 2 years from the date of the injury. If the injury was not discovered immediately, then the deadline to file is one year from the date the injury was discovered.

Various states apply different statutes of limitations and deadlines to bringing a personal injury action. For example, Florida applies a longer statute, allowing personal injury plaintiffs 4 years before filing their lawsuit. New Jersey carries a 2 year statute of limitations for such actions.

Click here to learn more about California law and rules governing personal injury actions. Failure to adhere to the statute risks losing standing to bring your claim altogether. Timing matters. If you or a loved one were injured in an accident involving negligence, retain an attorney today. Once you do so, you may apply to High Rise Financial for lawsuit funding to help expedite you receive cash while your case is pending or being litigated.

Who Benefits from Legal Funding?

Victims of accidents and injured plaintiffs can benefit from cash funding for their legal claim. This benefits the person who needs the money today, right now to live life, pay bills, ongoing medical expenses, to cover lost income and more. For an injured person recovering from a car accident or a slip and fall or any other type of injury, the consequences of such an accident can be far reaching. The victim may be out of work as a result or on medical leave because of the nature and severity of their injuries. Without a job, how does one pay ongoing medical expenses and other costs involved in daily life? This is when High Rise Financial comes in to help such people in their times of need.

Even though you have a legal case that is ongoing, you can almost anticipate that the settlement check is not going to come today or tomorrow but months down the road and potentially even year(s). In such a case, a plaintiff would highly benefit from our funding services. Cash funding for your lawsuit could be approved in days and sent immediately. Our goal at High Rise Financial is to help injured individuals recover their lives in their most difficult days while having a financial resource and tool to allow their lawyers to continue to battle for the highest settlement possible. If we did not offer such a service, people would be encouraged and desperate to accept even the lowest offer from the other party even if it wasn’t fair or right. If you are an attorney, click here to find out more reasons why your client can benefit from pre-settlement lawsuit funding.

How Legal Funding Works

If you are obtaining legal funding for your lawsuit before your case has settled, the process begins with your application to the legal funding company which is the first step. When you apply to High Rise Financial, you provide us with some information about your case, injuries and your attorney’s contact information. Our team of underwriters discuss your case with your attorney and review documentation when making an evaluation as to whether your case qualifies for what is typically thought of as a lawsuit loan or cash advance but is really cash funding.

We typically respond to all requests after doing the above steps and provide an answer as to whether you qualify within 24 hours after submission of the application. If your claim qualifies, we issue the funds immediately.

The next step involves your lawyer and our team. High Rise Financial is not involved with legal decisions such as whether to settle your case or for how much. We are informed once a settlement is reached and the amount. We are then repaid from your settlement in addition to interest.

Contact us to learn more information. The application process is simple and easy.

How To Qualify for Lawsuit Funding

The types of cases that allow plaintiffs to receive cash before their case or claim settles with the liable third-party include automobile accidents, personal injury incidents and injuries caused by defective or harmful medical devices.

Many scenarios, accidents and circumstances can qualify for the above. Certain factors are taken into consideration by High Rise Financial and our team of underwriters. When reviewing and evaluating your case, we will ask you if you are represented by an attorney or law firm. You must have a ongoing claim or case or be pursuing such a claim actively against the insurance company. We also review the facts of the accident and there is a liability analysis. For example, if a police report states that the other party is 100% at fault for the incident and you are 0% at fault, this will increase your chances of qualifying and receiving pre-settlement lawsuit funding.

Whether you were an insured driver at the time of the accident and whether the at-fault party has insurance are also taken into consideration. Overall, our team at High Rise Financial works directly with your attorney to obtain this information when making an assessment for legal funding for your case. Contact us today to find out whether your claim can get you the cash you urgently need.

What is California Proposition 213 and How Does it Affect Your Automobile Accident Case Value?

California Proposition 213 is a law that applies to drivers involved in automobile accidents and was passed to prevent operating vehicles without valid car insurance or driving cars that are not insured (meaning you were not insured to drive that particular vehicle). If Prop 213 applies to you, then you cannot recover money damages (even if you were not at fault for the accident) for pain and suffering.

It is a consideration every law firm or attorney makes when evaluating your lawsuit. It is also considered by the insurance adjuster reviewing your claim when they receive a demand from your attorney. Often times, attorneys refer to their clients who are subject to this law as “Prop Clients.”

Prop 213 does NOT apply if:

1. You were a passenger in the car involved in the accident.

2. The vehicle you were driving was covered by insurance.

3. The driver was driving his employer’s vehicle (which was uninsured).

4. The incident occurred on private property.

5. The registered owner of the vehicle lacked insurance, but the driver who borrowed the vehicle had his own insurance on another car. This driver would be fully entitled to recover damages for pain and suffering since he had his own insurance to protect himself.

How California Proposition 213 Affects Your Lawsuit

In the eyes of the law, if you violate California Proposition 213 then you are not entitled to pain and suffering (which is referred to as “general damages” when settling with the insurance company), even where the defendant or other party/driver is deemed at fault, negligent or otherwise liable. General damages can accumulate to a large sum of money, especially in high-impact accidents where victims have severe injuries such as broken bones/fractures, burns, brain injuries and more.

It is possible for lawyers to conceal the fact that Prop 213 applies to their client until after there is an accepted offer, settlement and signed release; at which point, it is too late for the adjuster to renege on their offer. However, insurance adjusters have their own way of finding out whether Prop 213 applies to a particular claimant by running their own searches.

Prop 213 can be harmful to plaintiffs/clients with numerous medical treatments who can only receive compensation for their medical bills. Sometimes, they can receive loss of income as well. However, pain and suffering is completely off limits.

It is recommended to always have valid insurance to protect yourself and receive the compensation you deserve.