Call us now at 1-800-598-1178
to get started.
What is a
lawsuit loan?
A "lawsuit loan" is
how many people think of the service we provide, however, what we
do is technically not a loan. The service we provide is a non-recourse
cash advance against the expected settlement of a lawsuit. The
phrase "non-recourse" is key. What it means
with respect to our
service is the following. If there is no recovery in your case,
then you have no repayment of the cash advance you received. Also
unlike a loan, there are no regular payments (e.g. monthly, quarterly,
semi-annual, or annual). Most of our clients will have their
attorney repay the advance from the settlement proceeds of their
case. However, you do have the option of repaying the advance
from other sources, if you choose.
The contract you and your attorney will sign when your case has been
approved for a "lawsuit loan" is actually a purchase agreement. It
states that a portion of your lawsuit settlement is being
"purchased" to repay the cash advance you receive. The exact amount that is being purchased will usually vary
depending on the length of time from when the advance was made to when
the advance plus fees is repaid.
A "lawsuit loan" is expensive. The cost will be higher than the
default rates you would see on a credit card. This is one reason
why we do NOT recommend that people use a "lawsuit loan" to payoff
their credit card bills. A "lawsuit loan" really should be
considered financing of last resort for most people. We recommend
that people use their other financial resources before considering a
"lawsuit loan". Most people will use the money they receive from a
"lawsuit loan" to pay their mortgage, rent, car payments, utility
payment, medical expenses, and food expenses. Some people may
also use the money to pay expert witness fees associated with their
case. Others use the money for business expenses, to take advantage of
a business opportunity, or to pay school tuition for their children.
While a "lawsuit loan" is expensive, it has the advantage over other
loans of not requiring repayment if their is no recovery in the
case. This is point that should be considered if you are thinking
of taking a loan from a bank, a friend, or a family member. Bank
loans will have some form of regular payments (e.g. monthly), and
family and friends may need their money back sooner than expected if
they have unforeseen circumstances in their lives.
A "lawsuit loan" is meant for
use by the victim in a case. You cannot be the party that caused the
accident or events leading to the lawsuit. Most often the cases involve
personal injury, but "lawsuit loans" can be applied to cases involving
employment law violations and commercial loss (e.g. breach of contract,
copyright or patent infringement). The victim is
usually the party that was directly injured, but can be surviving
family members in cases involving the untimely death of a family member.
You do not need to have a job or have good credit to get a "lawsuit
loan". However, you cannot currently be in bankruptcy when applying for
a "lawsuit loan". Other potential problem areas are tax or child
support liens. These can sometimes result in a "lawsuit loan" request
being denied even though the case is appears good otherwise.
A "lawsuit loan" is NOT a settlement for a case. In fact, "lawsuit
loans" are generally limited to 10% of the estimated settlement value
of the case. This valuation is done by our underwriters using the
information gathered for your case. You and your attorney must
still take the case to a conclusion. Our "lawsuit loan" underwriters do
NOT
get involved in the management of your case. That is between you and
your attorney.
A "lawsuit loan" can be made as a single advance or multiple advances.
In higher value cases, the advances can be made as as series of monthly
payments to help meet your monthly bills. The amount that can be
advanced can change as your case progresses. For example, it may be
possible to advance more after you have a surgical procedure done or
after more information becomes available regarding the insurance
coverage in your case.
A "lawsuit loan" is usually made on a case before a settlement is
reached (an exception to this is drug cases such as Vioxx and
Zyprexa where the only way to get an accurate valuation for the case is
based on the settlement award). This is sometimes referred to as
"pre-settlement funding".
A "lawsuit loan" can be made before settlement has been reached and
also before a lawsuit has actually been filed. This is sometimes referred to as
"pre-lawsuit funding". For
example, most car accident cases are settled via negotiation without
the need to file suit with the court.
The time frame to get a "lawsuit loan" can be as little as a week. The exact timing really depends on how long it takes to gather all the information needed to evaluate your case.
One of the goals of a "lawsuit loan" is to help victims get the
settlement they really deserve. Many of the circumstances of the
cases we see plunge people into an immediate financial crisis. This
makes them susceptible to accepting a "low-ball" offer from the
defendant's insurance company. A "lawsuit loan" can help to remove the
state of crisis giving you and your attorney the time needed to get the
settlement you really deserve.
One of the requirements before you apply for a "lawsuit loan" is that
you have retained an attorney, and that the attorney be working for you
on a "contingency fee" basis. This means the attorney only gets
paid if the attorney is able to obtain a recovery in your case. You
cannot be acting as your own attorney.
"Lawsuit loans" are currently available in all states except
North Carolina. Some of our underwriters will also fund cases in some
Canadian provinces.
You must be an adult (18 years of age) to receive a "lawsuit loan" and
a minor cannot be a plaintiff in the case. Unfortunately, this last
item eliminates all injury cases involving minors (under 18 years of
age). The only exception are those cases in which the minor child died.
The types of case that
qualify for a "lawsuit loan" include (but are not limited to)
the following
Several basic questions about
lawsuit finding are answered on the page FAQ's
About Lawsuit Funding. If
you have additional
questions, or if you would like to learn if your
lawsuit qualifies for lawsuit funding, please
click here to contact us, or
Call us now at 1-800-598-1178
to get started. |