If you find yourself involved in a civil lawsuit, financial difficulties may arise due to injuries, inability to work, and the burden of everyday expenses. In such situations, pre-settlement funding offers a solution for plaintiffs who need money to meet their day-to-day needs until the resolution of their case.
However, a common concern among plaintiffs is whether they should inform the defendant’s insurance company about their pre-settlement funding. Let’s explore this issue further.
Disclosure Requirements Across Different States
Whether you need to tell the other side about your pre-settlement funding depends on where you live and what stage your case is in. In some states, laws require that if your lawsuit involves a business, your lawyer must share details of any lawsuit funding agreements with the defense team. This requirement also applies to personal injury cases, which might affect you directly.
However, in other states, you only need to disclose your funding if your case goes to trial. Should this happen, and you have received an advance on your settlement, you must inform the opposing party.
But if your case settles outside of court, through discussions between your lawyer and the other side’s lawyer, you usually don’t have to disclose your funding arrangement to the defense or their insurance company.
Potential Effects on Plaintiffs
If the defendant’s insurance company learns about your pre-settlement funding, they might try to use this knowledge to their advantage during settlement talks. They may believe you’re in urgent need of money and push for a settlement that’s lower than your case deserves. In some situations, your lawyer might need to tell the court you’ve received this funding.
However, what the insurance company may not realize is that pre-settlement funding could actually disadvantage them. With this early financial assistance, you can manage your expenses better, giving you the strength to wait for a more suitable offer during negotiations. This reduces your need to accept a quick, possibly inadequate settlement, thereby increasing your chances of a better financial outcome.
Furthermore, many personal injury lawyers inform the opposing side about the funding you’ve secured as part of their strategy. This lets the defense know your case is valued highly, which could strengthen your negotiating position and lead to a more favorable settlement for you.
Common Questions and Misconceptions About Pre-Settlement Funding
Is Pre-Settlement Funding a Loan?
Many people wonder if pre-settlement funding is considered a loan. It’s important to clarify that while often referred to as a “lawsuit loan,” pre-settlement funding is actually a non-recourse advance. This means you’re not required to pay it back if you lose your case, distinguishing it from traditional loans where repayment is mandatory regardless of the outcome.
Does Pre-Settlement Funding Affect the Outcome of My Case?
There’s a common misconception that receiving pre-settlement funding could negatively impact the outcome of your case. In reality, this funding is completely independent of your lawsuit’s proceedings and decisions. The main purpose is to provide financial relief during the litigation process, allowing you to cover living expenses and medical bills while you await the settlement.
Can the Insurance Company Use My Funding Against Me?
Some plaintiffs worry that if the defendant’s insurance company finds out about their funding, it could be used against them in court. It’s crucial to understand that the details of your funding are typically protected and considered irrelevant to the facts of your case during litigation. Disclosure is only necessary under specific legal circumstances which are usually outlined by state laws.
How Do I Decide If Pre-Settlement Funding Is Right for Me?
Deciding whether to apply for pre-settlement funding involves assessing your financial needs and the strength of your case. It’s advisable to discuss this option with your attorney who can provide guidance based on the specific details of your lawsuit and your personal financial situation.
Key Points to Remember
The decision to inform the defendant’s insurance about your pre-settlement funding is based on several factors, such as state laws and the progress of your case. Disclosing this information doesn’t necessarily weaken your position. In fact, it can sometimes empower you to negotiate better, potentially leading to a more favorable settlement.
Remember to always speak to your attorney to get advice that’s specific to your case and according your state’s laws. This helps you manage your situation more effectively and make the decisions that are right for you. With his or her knowledge, you can make the choices that best protect your interests.
Curious to know if a Baker Street Funding settlement loan is the right option for you? See what Baker Street Funding has to offer pre-qualify for a non-recourse lawsuit loan on your case. Apply now!
