Frequently Asked Questions about Litigation Funding
1. Is settlement funding the same as a loan?
No, settlement funding does not work like lawsuit settlement loans even though lawsuit funding solutions may sometimes be referred to as loans. Financial institutions such as banks lend funds, but they also require borrowers to pay the cash back regardless of their situation. The sources we work with, on the other hand, lend funds to plaintiffs in the hopes that they will win their settlements and can then pay the amount back. However, plaintiffs are not obligated to pay the funds back if they lose their case. Simply put; you pay if you win and you don’t if you lose.
2. What type of lawsuits qualify for funding?
Our many sources provide funding to plaintiffs who are fighting personal injury cases such as auto accidents, mass tort, product liability, worker’s compensation and medical malpractice.
3. How will my case be assessed?
Your case will be evaluated according to several criteria such as insurance coverage, liability, damages, and how long the case is pending. Your attorney will be asked to provide legal and medical records that pertain to your case and show the severity of your injuries. He or she will be questioned about the defendant’s insurance and the details of the accident. Your case will be reviewed, and you will be contacted if your request for litigation funding has been approved.
4. What will I need to apply for a settlement advance?
You need to apply online and must be a plaintiff to be considered eligible for a settlement advance. In addition, your case must also be represented by a licensed attorney.
5. Will my bad credit history affect the approval process?
Companies that specialize in litigation advances, like our sources do, do not consider credit history or recent bankruptcy in their decisions. You don’t even have to have a job. Approval is based on the strength of your case.
6. Will I need to pay any upfront fee for the funding?
There are no upfront costs concerned with your funding process. You will only be required to pay back the funds, plus a percentage after you receive your settlement, and your case is complete.
7. How long will I have to wait to receive my funds?
Once your request for litigation financing, such as personal injury funding is approved, you will receive the funds within 24-48 hours. The faster you authorize your attorney to release relevant documents, the faster will you receive your funds.
8. Will you play a role in my case?
No. We do not provide any legal advice nor do we get involved in legal proceedings while you pursue a fair settlement. Any legal concerns should be directed towards your attorney.
9. How do I use my funds?
The settlement advance you receive can be used for your own personal expenses or medical expenses during the proceedings. Most clients request funds because the injuries they have sustained make it hard for them to work. Not earning their salaries makes it difficult to pay the mounting medical bills and other expenses they have incurred since they were injured.
10. What if I lose my case?
If you lose your case and do not receive a settlement, you are under no obligation to pay back your advance.
11. Is my information safe?
All the documents and information collected are kept confidential. The details that pertain to your case are used for assessment purposes- to determine whether you are eligible for plaintiff funding and how much.
12. How much can I get?
The amount that can be approved will depend on the details of your case. You can apply for a maximum advance of $1,000,000.
13. Are litigation funds legal?
The funds that our sources offer are completely legal and are forwarded with your attorney’s approval.
14. Will I be penalized if I am late in paying the funds back or cannot pay them back at all?
Unlike traditional bank loans that require repayment regardless how your case plays out in court, litigation financing funds do not have to be paid back if a plaintiff loses his/her case.
15. How do I repay the settlement advance?
Once our sources agree to fund your case, you will enter into an agreement that will outline the details of the amount of the advance. You will only be required to pay the amount back after the case has been settled, and you receive the settlement amount. But if you receive nothing, you owe nothing.
16. Why would my attorney have misgivings about litigation financing?
It’s probably because the attorney you hired to represent your case is not familiar with how lawsuit cash advance loans work. Just because it has the word “loans” in it doesn’t mean that the process works like traditional loans.
Your attorney may also be concerned about the administrative work that is related to this type of funding. Your attorney is not required to fill out any paperwork before approving your request for loans. The goal is to make the process as simple and hassle free for both plaintiffs and their attorneys.
17. Will the funding process affect attorney fees?
No. Remember, you only repay the litigation advance after you win your case. After you receive the funds from your victory, you will pay your attorney. You will repay the litigation advance and fee after that.
18. Will additional plaintiff advances be available if the funds that I originally applied for and received aren’t enough?
You can always ask for more funds if you believe that the amount you originally requested will not be enough. This is possible as long as the additional funds you request are not more than the actual estimated value of your particular case.