Traditionally, both claimants and attorneys have often struggled to pursue cases through to successful conclusions due to a lack of funds.
Many insurance companies kickstart proceedings with a lowball initial offer. The insurer hopes to leverage the claimant’s fear of protracted and costly litigation and get them to accept this low opening settlement offer.
If you find yourself involved in a personal injury claim and you have mounting bills and diminishing income, you can likely get a cash advance now in exchange for a portion of a future personal injury settlement.
How Can Lawsuit Funding Help During a Challenging Time?
If you are unfortunate enough to be involved in an accident that causes injuries and leads to filing a lawsuit, you will likely find the process stressful and demanding.
While you are legally entitled to receive compensation for your injuries and damages, the litigation process can take months, sometimes even years. You will continue to face routine expenses as well as medical bills, and you are also liable to need time off work. For many plaintiffs, this leads to a financial roadblock sooner or later.
One solution to this financial shortfall is pre-settlement funding. Unlike traditional loans that require a credit check and take some time to process, you could get a lawsuit cash advance in anywhere from 24 hours to a few days, depending on the responsiveness of your attorney and the funding company.
A lawsuit cash advance is often called a lawsuit loan, but this non-recourse financial tool is not a loan. You receive cash now in return for a pre-agreed portion of your future settlement. If you lose your case, you repay nothing.
Choosing the Best Cash Advance Settlement Funding Company
You should consider the following pointers when deciding upon the best cash advance settlement company for your needs:
- Ensure that the funding company operates in your state, even if they are not located there.
- Compare all offers as different companies may offer you a different portion of your expected settlement value.
- Check interest rates. When interest compounds monthly and cases drag on, this could dramatically impact how much you receive when your case is resolved.
- Establish whether interest compounds daily, weekly, or monthly. All of these options will cost you more than a longer compounding term.
Even if you find yourself in a pressing financial need, make sure you do your due diligence when comparing offers from lawsuit lending companies.
If you are unclear about any aspect of settlement funding, seek advice from your attorney or a financial advisor. All reputable legal funding companies will also have helpful customer service teams able to explain what you’re signing up for in plain English.
So, how much does pre-settlement funding cost, then?
Costs of Legal Funding
Unlike a legal loan, with a lawsuit cash advance you repay nothing unless you receive a settlement for your case.
Assuming you win an award or settlement, you’ll need to pay all prioritized expenses, including:
- Attorney’s fee
- Court costs
- Medical liens
Once you have paid these expenses, your pre-settlement funding company will receive the amount they advanced you, plus fees and the monthly interest rate. Interest will be applied based on the length of time it took to settle your suit.
If the amount due to the settlement funding company is greater than what remains of your settlement, the company receives this amount only. You will not be responsible for making up the difference.
You are also entitled to keep any remaining settlement funds after everyone has been paid.
Pros and Cons of Litigation Cash Advances
If you are considering obtaining a cash advance on an expected personal injury settlement, you should explore both the benefits and drawbacks of non-recourse loans.
- Get immediate financial security to help with expenses and medical bills
- Avoid going into debt
- Prevent bankruptcy
- Feel more secure to negotiate if you are presented with a lowball initial offer
- Buy time for your lawyer to advocate for you more effectively, taking the case to trial if a reasonable settlement offer is not forthcoming
- No credit checks required, and no need to verify employment status or income
- Fees and interest rates are typically high to reflect the risk to the lender – if you do not win your case and get a settlement, the funding company receives nothing
- While you won’t need to pay anything out-of-pocket for pre-settlement funding, you will end up paying heavily when your settlement comes through
- Not all cases qualify for pre-settlement funding
- As a non-recourse financial product, lawsuit cash advances can be unregulated
- You could need to compare several funding companies before getting a reasonable offer