Friday, December 26, 2008

What Is a "Lawsuit Loan"?

The term lawsuit loan is usually referred to a kind of pre-settlement lawsuit funding, which actually is not a loan, but is some kind of "investment" or form of venture capital. This kind of “loans” is different from the actual loans. The actual loans may be available to finance lawsuits, but it is the lawyer or law firm has the final say. If the plaintiff in a personal injury case intends to obtain a cash advance against the settlement in a lawsuit, he would sacrifice the right of being offered “recourse lawsuit funding”.


Advantages of the lawsuit:

This kind of lawsuit has some advantages to the plaintiff. If the lawsuit settles for less money than the amount of cash given to the plaintiff, or at last it is the defendant wins the lawsuit, the plaintiff is not supposed to give the money to the lawsuit funding company.

Source of the Lawsuit Financing

In an injury case, due to the high cost of no-recourse lawsuit funding, a plaintiff may choose other forms or loans. For instance, if the plaintiff has home equity, it is advisable for him to get a mortgage for some expenses which maybe used before the settlement of the lawsuit. In some situation, a plaintiff can try to obtain a personal loan or line of credit. In some cases, maxing out credit cards may be a good choice. It can be cheaper to obtain a no-recourse lawsuit loan from a litigation financing company.

Friday, December 12, 2008

Introduction to wrongful termination

Definition:
In general, wrongful termination refers to an unfair employment discharge. But that is not to say every unfair employment discharge constitutes wrongful termination.

Types of wrongful termination:

In fact, wrongful termination is only part of unfair employment discharge but the most common term among this kind. The following terms are also included in this general term: Wrongful discharge, Wrongful firing, Wrongful dismissal, Illegal discharge, Illegal termination and Illegal dismissal.
In the legal sense, an employer must illegally discharge an employee for the act to constitute wrongful termination. If the discharge is not illegal, it is not likely to be wrongful termination in the legal sense even though it seems very unfair. That is to say, if a manager unfairly discharged an employee in violation of a certain discrimination law, while the discharge was illegal and thus, the manager commit a wrongful termination. In order to have a deep understanding of wrongful termination and have a right judge whether an unfair discharge constitutes wrongful termination, it is very important to know that the if the employment on the assumption of equal and voluntary.