Legal funding is an option available to plaintiffs that have hired an attorney on a contingency basis. It allows those plaintiffs to unlock a portion of the expected settlement of their claim before the case has come to a close. When plaintiffs find themselves in a lawsuit and in need of cash, the below information can help you and your client make the most informed decision on whether to get legal funding.
After reading this resource guide you will understand the following:
The most important part of legal funding is that it is a non-recourse financing agreement. This means that it is solely based on the merits of the case and not the plaintiff’s credit history, job or education background. If the case does not settle in favor of the plaintiff, they are under no obligation to repay the funds to the funding company. Information shared with third party funding companies is protected under attorney client privilege. Because a funding company is considered an interested party, the information they receive can not be shared.
Legal funding, also commonly referred to as lawsuit loans or lawsuit advances, is a process in where plaintiffs involved in current or future litigation, who have already hired an attorney on a contingency basis, receive financing in the form of immediate cash against their future anticipated settlement award.
This advance is solely based on the outcome of the case and paid back upon receipt of the settlement award.
Legal funding is not the only available options to plaintiffs. Before applying for legal funding, many plaintiffs approach more traditional banking institutions looking for a liquidity solution. The main difference between legal funding and other traditional banking solutions is recourse and payment schedule. With most traditional options, there is no option for non-recourse funding. Meaning that any approval is based on credit history and income profile. Many plaintiffs who find themselves out of work due to an accident do not qualify for a loan because their credit and income has been impacted by the accident. Also, with traditional bank loans, there is a repayment period that could start as quickly as 30 days from taking out financing. This means that the plaintiff will have to make monthly payments until the debt it satisfied.
This is why most plaintiffs find legal funding as their preferred financial solution. There are no monthly payments and no risk of having to pay back the funds if their case does not settle favorably.
As mentioned above, lawsuit funding is a non-recourse transaction. This means that unlike a traditional loan, there is no monthly payments and no obligation to repay if the case does not settle favorably. There may be fees associated with an advance but all fees are paid upon successful settlement of the claim.
The short answer is yes, plaintiff funding is expensive. Because of the risk associated with losing their investment, legal funding companies charge a high rate of return on their advances. While some people are under the impression that you will have to pay back double or triple the amount you take out, the truth is that most funding companies charge an annual interest rate of 30-40%. One thing to consider is that these funds are not payable if the case does not settle.
Plaintiffs that can not access traditional financing and are in dire need of cash while their case settles should strongly consider settlement funding. While it is expensive, the risk of having your case settle unfavorably and you still owing money is eliminated. Legal funding should be a lifeline to help plaintiffs pay daily living expenses and case cost expenses. It should be a plaintiffs last resort not the first place they look.
The two main types of legal funding are Pre and Post Settlement funding. In pre-settlement funding your case is still being litigated and there have been no accepted offers of settlement. In pre-settlement cases, funding companies normally release up to 10% of the gross estimated settlement value of the case. That means they will advance $10,000 for every $100,000 they think the case is worth. In post-settlement funding there has been an offer for settlement and the plaintiff has accepted it. Funding companies normally release up to 70% of the net value to the plaintiff or $70,000 on a case in which the plaintiff will receive $100,000 after all attorneys fees and liens.
There are both costs and benefits when taking out a settlement advance on your case. The interest in a settlement advance can be high which leaves less money for you to receive when your case settles, but if that money is needed now to pay bills or for living expenses, the costs greatly justify the means.
If your client has looked at traditional financing options and they are unable or unwilling to use them and are in need of cash now to fund basic living expenses, then settlement funding is something you should greatly consider for your client. At the end of the day it is their decision whether to pursue a settlement advance or wait for the settlement check to arrive. Hopefully now you know enough after reading the information above to make an informed decision on whether settlement funding is a good fit for your own unique situation.
Baker Street Funding offers the fastest turnarounds in the country where you no longer have to worry about not getting call backs. When you apply at Baker Street Funding, you will see that your plaintiff funding application is treated the same way no matter the size of your case.
77 Water Street, 7th Floor, New York, New York 10005, United States
Application hotline: (888) 711-3599
Baker Street Funding is a Premier Legal Funding Firm designed to strategically connect select funding opportunities with our extensive network of sophisticated partners and staff. If your attorney has been retained on contingency and you have a strong liability claim against a properly insured defendant, you may qualify for a pre-settlement advance, contact us to discuss your options. * The term lawsuit loans, lawsuit loan lenders, settlement advance loans, or lawsuit settlement loans may be used to refer to pre-settlement funding. Transactions facilitated by Baker Street Funding, are not to be considered loans. These transactions are non-recourse financing agreements, which means that we are making an equity investment into your litigation. If you lose your case, you are under no legal obligation to repay your advance. The word loan is strictly used for marketing optimization purposes and for easier comprehension for prospective clients. Our client relationships are paramount to us and we take the client education process very seriously. We provide legal funding and lawsuit cash advances in the following states, Alabama, Alaska, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island,South Dakota, Texas, Utah, Virginia, Washington, Wisconsin, Wyoming. We are currently NOT funding worker's compensation. We offer attorney funding and law firm financing in every state of the United States.
Historical returns do not guarantee future results. Baker Street Funding does not provide, legal, tax or financial advice and prior to making any financial decision, please consult a financial advisor or tax professional.
Lawsuit Funding, Settlement Funding and Litigation Funding: Baker Street Funding, LLC.
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