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New & Notes for Personal Injury Lawyers & Their Clients

Lawsuit Funding: Financial Help When You Need it Most

March 27, 2010 @ 12:29 PM — by Mark Johnson

Lawsuit funding or lawsuit cash advance are terms used for the process of using your pending lawsuit as collateral for obtaining the cash you need now.  If you are struggling, financially, you may wish to consider this option.  Lawsuits take a long time to resolve; lawsuit funding provides cash now and takes the risk, along with you and your attorney, that you case will be successful, later.  If you lose your case, the legal finance company loses their money. 

The most frequently used cases for legal funding services are personal injury cases.  And, the most frequently used personal injury cases are automobile accident cases, slip and fall cases, medical malpractice cases, and construction accident cases (including, in some states, workers compensation).  When a person is injured, they often miss work or, even, lose their jobs; for most people, this causes serious financial problems.  They may file a lawsuit, but a verdict or settlement may be months, even years away.  Lawsuit funding is a way to bridge that gap between lawsuit filing and lawsuit resolution; you get the help you need to pay your ordinary household bills as well as extraordinary medical and rehabilitation bills caused by the accident itself.


A financially troubled client is not a positive influence upon settlement negotiations.  Your lawyer needs time to investigate the case, take discovery, prove certain important elements, determine the extent and permanency of your injuries.  He needs time to get you the best result possible.  SInce you are hurting, physicially and financially, you may be forced to put pressure on your lawyer to settle too soon, for too little.  Removing your financial pressure will provide the attorney the time needed to obtain the best possible results.  Who does that hurt?  THE INSURANCE COMPANY!  You know, the guys who are deliberately delaying your case so that you will be so financially desperate that any offer will be acceptable to you.


Litigation funding comes in the form of a lawsuit cash advance; if done correctly, it is an investment in a small piece of your case.  It is not a "lawsuit loan", which some people incorrectly refer to it is a loan.  Why is it not a loan?  Because it is contingent on a recovery in your lawsuit.  If you win or settle your case, you pay back the amount invested, plus a pre-determined and disclosed investment profit for the risk;  If you lose, you keep the money, free of charge; you do not have to pay it back.


You can apply for lawsuit financing by calling a toll free number or by completing a short application on line.  The lawsuit funding company and your attorney will do the rest.  The legal funding company will request information from your attorney, the attorney will provide the information and the legal finance company will evaluate the information to determine if you qualify.  Your credit score and employment history do not matter; only the merits of the case will determine whether or not you qualify for a lawsuit cash advance


Don't settle your valuable case too early for too little because you need cash now.  Litigation can take months, sometimes years to resolve.  Lawsuit funding may enable you to hang in there; get justice, and get the full settlement or recovery your injuries deserve. 


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