Lawsuit Funding FAQ for Plaintiffs and Attorneys.

Your Questions About Lawsuit Funding, Answered

Last updated: March 15, 2026

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 Basics

Pre-settlement funding, also called legal funding or a lawsuit advance, gives you access to money while your case is still pending. Many plaintiffs use it to help cover urgent expenses like rent, groceries, utilities, car payments, or medical bills while they wait for their case to resolve.

This funding is non-recourse, which means repayment only comes from your settlement or judgment. If there is no recovery, you do not repay the advance.

You apply, Baker Street Funding reviews your case with your attorney, and if approved, you receive an advance. The funds can be used for everyday living expenses while your case is pending.

If your case ends in a settlement or judgment, repayment comes directly from the recovery under the funding agreement. If there is no recovery, you do not repay the funded amount.

Pre-settlement funding is different from a traditional loan because approval is based mainly on the strength and expected value of your case, not your credit score, income, or job history.

It is also non-recourse, which means there are no monthly payments and repayment comes only from the recovery if your case is successful. If you lose your case, you do not repay the funding.

Pre-settlement funding may be right for you if you have a pending lawsuit, your attorney is representing you, and you need money now for necessary expenses like housing, food, utilities, credit card bills, transportation, or medical expenses.

It can be helpful when financial pressure makes it harder to wait for a fair settlement. Many plaintiffs explore legal funding when they are out of work, bills are piling up, and traditional borrowing is not a realistic option.

Still, it is not the right fit for every case. Because pre-settlement funding has a cost, it usually makes the most sense when you truly need the money to stay financially stable while your case moves forward.

A good place to start is to ask: Do I have an active case? Is my attorney willing to participate? Do I need help covering necessary expenses while I wait? If yes, pre-settlement funding may be worth exploring.

Usually, no. In most cases, you can use pre-settlement funding for everyday living expenses. Many plaintiffs use the money for the most urgent bills.

The goal is to help you cover necessary expenses and reduce financial pressure while you wait for your case to resolve. Because repayment comes from your settlement proceeds if you recover, it is usually best to take only what you truly need.

Baker Street Funding provides lawsuit funding in many states, subject to case type and applicable state rules. Because legal funding laws can vary by state, the best next step is to check our states we fund page or contact us to confirm availability for your case.

See the states we fund →

Application

You can begin by filling out Baker Street Funding’s application or calling directly at (888) 711-3599. From there, our team evaluates your case with your attorney and lets you know whether your case qualifies for non-recourse funding.

Once approved and the paperwork is complete, funds can be sent in as little as 2 to 48 hours. Timing can vary based on whether you choose a bank wire or check and how quickly the receiving bank processes the transfer.

In most cases, you need basic information about your lawsuit, your attorney’s contact information, and details about your injury claim. Our underwriters will work directly with your lawyer to gather the documents needed to evaluate the case.

To process your application, we will need specific documents related to your case. These typically include medical records, expert reports, police reports (if applicable), and any other evidence that supports your personal injury lawsuit. Your attorney may also need to provide details about the legal proceedings, such as the complaint or case filing.

Our funding is 100% non-recourse, which means you only repay us if your case resolves successfully, and you receive compensation. If your case doesn’t result in a settlement or award, you owe us nothing—no exceptions.

This ensures that the financial support we provide is truly risk-free, allowing you to focus on your recovery and your legal claim without added worries about repayment obligations.

Funding amounts depend on the estimated value of the case, expected net recovery, existing liens or obligations, previous funding, and some state regulations that may limit the funding amount.

With Baker Street Funding, you may qualify for up to 10% of the expected settlement, while settled cases may qualify for up to 20%.

Eligibility

Yes. An attorney is required for pre-settlement funding. The funding company works with your lawyer to review the case, confirm key details, and document how repayment would be handled from the settlement proceeds if there is a recovery.

Your attorney’s participation is important because the case information must be verified before funding can move forward.

No. Credit score, employment, and income are not the main factors. Approval is based primarily on the strength of your case and its expected settlement value.

Eligibility depends on the strength of the claim, available insurance or collectible value, expected damages, and attorney participation.

Baker Street Funding most commonly reviews personal injury cases such as car accidents, truck accidents, motorcycle accidents, slip and fall claims, wrongful death matters, civil rights cases, wrongful imprisonment/conviction, and some employment-related claims with strong case value.

Each case is reviewed individually. The key question is whether there is a realistic path to recovery and enough expected value to support funding.

Yes. In many cases, you can apply again if your case lasts longer than expected or your financial needs change. Any new request is reviewed based on your current case status, progress, estimated value, and any existing funding balance.

Sometimes, yes. If you already have pre-settlement funding with another company, a new request may still be possible by buying out the previous funding depending on your current payoff balance, the progress of your case, its expected value, and whether enough recovery remains to support additional funding.

Costs and Repayment

Rates depend on the facts of your case, including expected case value, risk, timing, prior funding, and state-specific rules where applicable. At Baker Street Funding, plaintiff funding rates generally start around 2.95% to 3.4% per month, with non-compounding pricing in most cases.

Charges are also capped after three years, or at 100% of the funded amount, so the balance does not continue growing forever. 

No. Pre-settlement funding from Baker Street Funding does not require monthly payments. Repayment comes from your settlement or judgment if there is a recovery. If you do not recover money in your case, you do not repay the funded amount.

Yes. In most cases, you can satisfy the funding early. Baker Street Funding does not charge a prepayment penalty, but you should always review the exact terms in your agreement.

If your case settles quickly, repayment is made from the settlement proceeds according to your agreement. In general, the faster the case resolves, the lower the total payoff tends to be because less time has passed under the contract pricing.

If you lose your case and there is no settlement or judgment, you do not repay the funding. That is what non-recourse means. Repayment is only owed if there is a successful recovery in your case.

No. At Baker Street Funding, there are no upfront or out-of-pocket fees to apply for, receive, or maintain pre-settlement funding.

You should never have to pay money before funding is sent, and you should never be asked to make payments while your case is still pending. Repayment, including any agreed charges under the contract, comes only from the financial recovery in your case. If there is no recovery, there is no repayment.

If a company asks you to send money before funding, walk away and contact your attorney immediately to take the right steps to report them.

Before You Sign

Look for a funding company that explains its pricing clearly, gives you a plain-language contract, and shows you exactly how repayment works before you sign. You should be able to understand whether charges are compounding or non-compounding, whether there is a cap, and what the payoff may look like over time.

Be cautious if a company is vague about costs, avoids payoff questions, uses confusing contract language, or pressures you to take more money than you actually need. A reputable pre-settlement funding company should give you an estimate, and a make the process easier to understand, not harder.

Yes. Pre-settlement funding should be handled in a way that respects your rights, your attorney’s role, and the details of your case. A reputable company should clearly disclose the terms, avoid interfering with legal strategy, and explain the agreement in plain language.

It is also important to know that some states regulate pre-settlement funding differently. Your attorney can help you understand whether any state-specific rules apply to your agreement.

Yes. Baker Street Funding follows strict confidentiality and privacy standards. Your information is used only as needed to evaluate and process the funding request and to work with your attorney on the file.

No. Baker Street Funding does not interfere with your lawsuit or disrupt the attorney-client relationship. The process is designed to work through your attorney so case-related communication stays controlled and transparent.

No. Baker Street Funding does not control your lawsuit, legal strategy, or settlement decision. Those decisions remain between you and your attorney.

Our role is limited to evaluating the file for funding and arranging repayment from case proceeds if there is a recovery.

 Basics

Surgery lien funding is a type of medical lien legal funding that helps cover the cost of surgery or other necessary treatment for an injured plaintiff while the lawsuit is active.

Instead of paying out of pocket up front, the medical expense is typically tied to the case and repaid from the recovery if the case resolves successfully.

In general, the attorney and funding company work together to review the case, the treatment need, and the expected recovery. If approved, the medical provider is paid so the client can move forward with surgery or another qualifying procedure.

Repayment is then handled through the case proceeds if there is a recovery, based on the agreed structure.

No. Surgery and medical lien funding are non-recourse. Plaintiffs do not make upfront payments.

The goal is to avoid the plaintiff having to self-fund the procedure up front. The structure is meant to help the client get medically necessary care while the case is pending.

That can be especially important when the client is already dealing with lost income, other bills, and treatment delays.

Attorneys use surgery funding to help injured clients get medically necessary treatment without waiting for the case to settle first. It can also allow the client to access the cash price for a procedure, which is often lower than a doctor’s lien price.

In some cases, surgery funding may also help a client get access to a specific surgeon, facility, implant, or hardware that may not be available through insurance. That can matter when timing, treatment quality, or procedure options affect both recovery and the overall value of the case.

Surgery funding can often be reviewed within 24 hours, depending on how quickly the needed case and treatment information is available from the attorney and provider.

Clear records, a defined treatment plan, and responsive communication usually help move the review process faster.

In some cases, yes. A client may need help with both medical treatment and everyday living expenses while the case is ongoing.

When both are involved, the funding request has to make sense in light of the case value, existing obligations, and expected net recovery.

 Eligibility

Medical lien funding is typically used in personal injury cases where the client needs treatment, cannot comfortably pay for it up front, and the case appears to have enough value to support the medical expense.

It is often relevant when a delay in treatment could affect recovery, documentation, or the client’s day-to-day quality of life.

That depends on the case, provider, treatment plan, and expected recovery. Surgery funding may be available for medically necessary procedures and related treatment in qualifying injury cases.

Depending on the facts, examples may include spinal surgery, fracture repair with plates or screws, pelvic or hip repair, craniotomy after severe traumatic brain injury, skin grafts or reconstructive surgery for severe soft-tissue injuries, traumatic joint reconstruction, and certain limb-salvage or revision procedures.

The main issue is not just the type of procedure. It is whether the case supports the requested cost, whether the treatment is medically necessary, and whether it fits the overall damages picture.

Common factors include liability, insurance coverage, expected case value, existing liens or obligations, the cost of treatment, prior injuries, and whether enough recovery remains to support the request.

The funding has to make sense not just medically, but financially within the case.

Yes. Attorney involvement is required because the funding decision depends on the case, the expected recovery, and coordination around repayment from the proceeds if the case is successful.

The attorney also helps confirm the case details and supports the process with the provider and funder.

No. Surgery lien funding and medical lien funding are structured so the plaintiff does not make upfront payments for the procedure.

These arrangements are non-recourse, which means repayment is tied to the case recovery rather than out-of-pocket payments while the case is pending. The exact terms should still be reviewed carefully with the attorney before treatment moves forward.

 Repayment

Repayment is handled from the settlement or judgment if there is a recovery in the case. The exact structure depends on the agreement, the provider arrangement, and the funding terms.

There is no repayment if the case is lost.

 Basics

Attorney funding refers to financing solutions designed for lawyers and law firms handling cases on contingency. Depending on the situation, that can include plaintiff funding for a client, case cost funding for litigation expenses, settled fee advances, law firm funding, or a line of credit tied to expected case value.

Attorney funding is not one single structure. Depending on the product, it may be non-recourse, recourse, or hybrid. At Baker Street Funding, the right structure depends on what the capital is for, the strength of the case or portfolio, and the overall risk profile.

Baker Street Funding offers several attorney-focused funding solutions, including plaintiff funding, case cost funding, medical lien financing, law firm funding, settled case funding, appeal financing, and lines of credit.

The right structure depends on what you need. Some attorneys are looking to help a client cover living expenses. Others need capital for experts, discovery, payroll, marketing, or a group of contingency-fee cases.

Plaintiff funding for clients is non-recourse, meaning repayment only comes from the case recovery. Some attorney or law firm funding products may be structured as recourse or non-recourse, depending on the product and risk profile.

Attorney funding is structured for the law firm or for case-related needs tied to the practice. Plaintiff funding is designed for the injured or exoneree client and is typically used for personal living expenses while the case is still pending.

The difference matters because the underwriting, documents, timing, and repayment structure may vary depending on whether the request is for the client, the firm, or a specific case expense. Plaintiff funding is non-recourse. Attorney and law firm funding products may be structured differently depending on the arrangement.

Attorney funding may make sense when a firm has strong cases but needs liquidity before fees are realized. That can happen when case costs are rising, settlements are taking longer than expected, or the firm wants to keep moving cases forward without unnecessary cash-flow pressure.

It can also make sense when an attorney wants to help a client avoid financial stress that could push them toward an early, low settlement.

Yes. Attorney funding can help a firm keep cases moving while preserving working capital for staffing, operations, and ongoing litigation expenses.

That can be especially important in contingency practices and mass tort environments, where costs are often front-loaded and recoveries may take significant time to materialize.

Case cost funding provides capital for litigation expenses tied to a case or group of cases. Attorneys often use it for expert fees, depositions, discovery costs, trial preparation, medical records, filing expenses, or other case-related outlays.

Instead of tying up operating cash, a firm can use outside capital to keep pursuing strong cases the right way.

 Funding Uses

Yes. Baker Street Funding works with attorneys whose clients need pre-settlement funding for necessary living expenses while a case is still pending.

This can help a client stay financially stable during the litigation process. It may also reduce pressure to accept a settlement too early simply because bills cannot wait.

In some situations, yes. Depending on the product, attorney funding may be used to support broader law firm needs such as payroll, overhead, marketing, office expenses, or working capital.

That said, the structure should fit the purpose. A portfolio-based facility or law firm funding product usually makes more sense for operational needs than a single-case solution.

 Underwriting Approval

Underwriting depends on the product, but common factors include case strength, expected recovery, timing, existing obligations, case expenses, attorney experience, and whether there is enough value to support the requested funding.

For portfolio or firm-level products, underwriting may also include the mix of cases, historical results, expected fee flow, and the structure of the practice.

A good candidate is usually a lawyer or law firm with viable contingency matters, a clear litigation plan, and a realistic path to recovery or fee generation. Strong documentation, good case management, and a thoughtful funding request also help.

The key question is whether the expected value supports the structure being requested.

Yes. Depending on the product, attorney funding can be structured around a single case, a group of cases, or a broader portfolio.

That flexibility is better for firms that need more than a one-off solution and want financing that better matches how contingency practices actually operate.

Both, depending on the product and the request. Some funding solutions are built around a single case, while others are structured around multiple cases, a mass tort inventory, or a broader contingency-fee portfolio.

That flexibility matters because a firm’s funding needs are not always tied to one file. In many situations, the real issue is supporting a larger pipeline of cases over time.

Mass tort funding for law firms is available depending on the state you live. Baker Street Funding can provide funding for qualifying mass tort matters, depending on the size of the inventory, projected value, case posture, and overall structure of the request.

Mass tort funding may help a law firm manage the time and capital needed to develop a large docket while cases move through intake, records collection, workup, negotiation, or resolution.

 Process and Timing

Funding for lawyers/law firms generally takes 2 weeks, while funding for plaintiffs takes 24-48 hours.

The timing will ultimately depend on the product and complexity of the request. For instance, a straightforward plaintiff funding or surgery-related request can move much faster than portfolio funding, settled fee funding, or a larger attorney finance structure.

The more organized the file and supporting information, the easier it is to move from review to decision.

Yes. Attorney funding is confidential. Baker Street Funding handles these requests with care and limits review to the information needed to evaluate the funding opportunity.

The process is designed to respect sensitive case information and the attorney-client relationship.

No. Baker Street Funding does not control litigation strategy, settlement decisions, or the attorney-client relationship.

The attorney and client remain in control of the case. Baker Street Funding’s role is to evaluate the funding opportunity and provide capital under agreed terms, not to direct legal decisions.

 Basics

Litigation funding is a broad term for capital tied to a legal claim, litigation expense, or law firm portfolio.

Depending on the structure, litigation funding may be non-recourse, recourse, or hybrid, and the right fit depends on who needs the capital, what it will be used for, and the size and posture of the matter.

Not always. Litigation funding is usually the broader term, while attorney funding refers more specifically to capital for lawyers and law firms, such as case cost funding, portfolio funding, law firm funding, or attorney lines of credit. Some attorney funding products may be non-recourse, while others may involve recourse features, traditional underwriting, or personal guarantees depending on the structure.

Depending on the request, Baker Street Funding may provide attorney funding, case cost funding, plaintiff funding through counsel, surgery or medical lien funding, law firm funding, portfolio funding, lines of credit, settled case funding, appeal financing, and selective large-commercial-case litigation funding.

Some of the attorney financing structures may be non-recourse, while others may be recourse or hybrid, depending on the product and risk profile. The best fit depends on whether the funding is for one case, a group of cases, the law firm.

All funding for claimants is non-recourse.

 Funding Structure

Litigation funding is the broader category. Case cost funding is usually used for litigation expenses tied to a specific case. Portfolio funding is structured around multiple matters. A line of credit gives a firm flexible access to capital over time. Law firm funding may support broader practice needs, while plaintiff funding is designed for the client’s living expenses during the litigation.

The right structure depends on whether the capital is for one matter, a portfolio of cases, the firm itself, or a client connected to the case.

Yes. Depending on the structure, litigation funding may help a law firm cover case-related or operational needs, and it may also help a client with pre-settlement funding or surgery-related treatment support.

That is why it is important to identify whether the request is for the attorney, the client, or a specific case expense before choosing a product.

Large Litigation Matters

Litigation funding for larger matters is usually reserved for high-value commercial disputes with substantial damages, strong legal and factual support, and a realistic path to recovery. Commercial legal finance providers commonly focus on larger matters, while law-firm-side products can apply to portfolios, fee streams, or litigation expenses.

In most cases, funding is considered for individual business litigation matters with requests of $1 million or more. To qualify, the case should generally have an expected judgment or settlement value of at least $10 million, excluding punitive damages.

The expected recovery should materially exceed both the litigation costs and the amount of funding requested.

Litigation funding can help reduce the financial pressure of pursuing a large, expensive claim. For claimants, it may help preserve operating capital while the case moves forward. For attorneys, it may help support case costs, portfolio management, or firm liquidity in matters that take substantial time and investment.

It can also help align capital with the expected value and timing of the case rather than forcing decisions based only on cash flow.

 The main downside is cost, especially in non-recourse structures where repayment depends on a successful recovery. Another important issue is structure: not every attorney funding product works the same way. Some arrangements may involve recourse terms, credit review, or personal guarantees, which can lower cost.

Review Process

Most of the information is usually provided through counsel. Depending on the matter, that may include pleadings, damages analysis, key evidence, procedural history, budget information, and other materials needed to evaluate risk and expected recovery.

Because these reviews can involve sensitive case information, claimants and attorneys should work through counsel and review confidentiality and privilege issues carefully.

Litigation funding usually takes longer than standard plaintiff funding because the review is more detailed. In many cases, the process takes about 1 to 2 months, although due diligence may take longer in more complex matters or portfolio-based requests.

Timing depends on the quality of the materials, the complexity of the dispute, and how quickly information can be reviewed and confirmed.

Ready to get started?

Our legal funding team is here when you need us. Give us a call for a free consultation at (888) 711-3599.

Select a legal funding service to get started. 

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Or just call us at 888.711.3599 to apply.