Settlement funding: Does Your Case Qualify? Part I
Why do we even refer to it as a lawsuit loan? It is clearly not a loan in any sense of the word! To be precise, we should refer to it as settlement funding, a form of funding provided in advance of settling your claim. One may even go so far as to refer to it as venture-capital.
The fact that the applicant incurs no risk, viz., is non-recourse, as a result of a settlement loan, is an important aspect of this form of funding.
An agreement is made between the applicant and the settlement loan lender. Once the agreement is made, if you don’t win your case, you are not required to repay the amount funded. This is an aspect of settlement funding that may be used to provide a no-risk resource of financial help during a pending proceeding.
Settlement loans come in a variety of guises. An understanding of the types of cases for which settlement funding is issued will prove useful.
Personal injury suits very frequently occur as a result of motor vehicle collisions: Personal injuries of many types occur as result of incidents out of which this type of claim arises. On top of damage to the vehicle you occupied, there are, on many occasions, hospital bills, ambulance bills, and other medical expenses to pay. Due to the stakes involved in such cases, they are often not settled for years.
Cases involving injuries to children: Pre-settlement loans are often difficult to procure in these cases. As a result of many guardians attempting to settle these claims to satisfy their own interests, often at the expense of the injured child, the Court will occasionally appoint an attorney ad litem. The attorney ad litem is charged with representing the child’s interests, even when those interests are out-of-synch with the guardian’s.
Slip-and-Fall: This is the most common type of case. These are cases against which many retailers are taking a very hard stance. It is often necessary to request and obtain video-surveillance of the incident. It is necessary to be very clear regarding the surface on which the slip occurred, obstacles that were present that may have produced the fall, etc. Elicit testimony from witnesses if necessary to support the claim made. Don’t leave details regarding the mechanism of injury to chance.
Looking to find the best deal on settlement funding, then visit us to obtain the best advice on how a lawsuit loan will benefit you.
