Call us now at 1-800-598-1178
to get started.
- What is Pre-Settlement Lawsuit Funding?
- Do I need to have filed a lawsuit to
use your
service?
- Can I get pre-settlement funding in my
state?
- I live in Ohio. Can I get an advance on
my case?
- Can I get pre-settlement funding in
Canada?
- Does my injury qualify for a lawsuit
cash advance?
- Do you advance on medical malpractice
cases?
- Do you advance on sexual abuse cases?
- Do I need to have a job to get a cash
advance on my lawsuit settlement?
- Does my credit history affect my
ability to get a cash advance for my lawsuit?
- Can I get a lawsuit cash advance on a
case involving a minor child?
- What can I use the pre-settlement cash
advance funds for?
- How much can I get from a lawsuit cash
advance?
- Do I have to take my advance as a
single payment?
- I have prior advances from another
company, and they won't advance more on my case. Can I get more money
from your company?
- How long does it take for me to get my
lawsuit cash advance?
- Are there any upfront fees?
- How much is the lawsuit cash advance
going to cost me?
- Do I have to make monthly payments
while I am waiting for my lawsuit to settle?
- What types of lawsuits might qualify
for pre-settlement funding?
- Do you advance on Zyprexa settlement
awards?
- Do you advance on Vioxx settlement
awards?
- Do you advance on Ortho Evra settlement
awards?
- Do Workers' Compensation cases qualify
for pre-settlement funding?
- What is a "third-party" Workers'
Compensation lawsuit?
- Do you advance on employment
discrimination or wrongful termination cases?
- Do I need to have an attorney?
- Does my attorney need to approve my
request for pre-settlement funding?
- Does the underwriter get involved in
legally representing me?
- Are you giving me a settlement for my
lawsuit?
- How do I
get the lawsuit cash advance after my attorney and I approve the
funding agreement?
- When
should
I get a lawsuit cash advance via your company?
- Why
should
I go through the additional expense of getting a lawsuit cash advance?
- Why
should
I use Chestnut Hill Funding to get my lawsuit cash advance?
- What is
Pre-Settlement Lawsuit Funding?
Pre-Settlement Funding is a cash advance against an expected
settlement of a lawsuit. In other words, the advance is made
before your case settles. Some people refer to what we do as a
"lawsuit
loan". However, unlike a loan there are no monthly
payments, and you owe nothing if the lawsuit is lost. Therefore,
what we do should be thought of as a "lawsuit cash advance" rather than
a "lawsuit loan".
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- Do I need to have filed a
lawsuit to use your service?
Maybe. Filing a lawsuit implies that you are getting ready to take your
case to trial. Most cases never go to trial. It will depend on
the case type whether a lawsuit should have been filed before utilizing
our service. For example, for an auto accident case it is not
necessary to have filed a lawsuit if the case can be resolved via
negotiation. If settlement negotiations fail, then a lawsuit will
be filed. Employment and medical malpractice cases usually
require that a lawsuit has been filed and a complaint document has
been produced. Please contact us to discuss if your case requires
that a lawsuit be filed before utilizing our service. In all
cases you will need an attorney representing you on a contingency fee
basis.
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- Can I get pre-settlement
funding in my state?
Pre-settlement
funding is allowed in all states except North Carolina (see the case of
Odell v. Legal Bucks). However, some
of
our underwriters may not fund in other states based on their experience
in those states.
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- I live in Ohio. Can
I get an advance on my case?
Yes. It became legal to do lawsuit advances in Ohio about
August 29, 2008 as the result of a new law.
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- Can I get pre-settlement
funding in Canada?
Possibly. We work with one underwriter who will review Canadian
cases. However, they will not do cases in Quebec.
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- Does my injury qualify for
a lawsuit cash advance?
The following types of injuries may qualify for a cash advance on the
future settlement of your lawsuit.
- an injury that resulted in surgery being performed
- an injury that resulted in one or more broken bones
- an injury that resulted in one or more herniated
spinal disks
- a spinal injury that is treated with one or more epidural
injections
- an injury that resulted in the loss of a body part or
function
The following injuries are more
difficult to qualify
for a lawsuit cash advance because of the risk associated with the
case. As a result fewer underwriters handle these cases, and the
fees are much higher for the advances on cases where these are the most
serious injuries the plaintiff has. The advances also tend to be
smaller (e.g. $250 to $1500).
- soft tissue injuries (e.g. strains and sprains)
- one or more bulging
spinal disks
- a "whiplash" type injury that did not
result in a herniated spinal disk or fractured vertebra
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- Do you advance on medical
malpractice cases?
Yes. However, medical malpractice cases are more difficult to get
funded. A wide variety of things can be expected to go wrong in a
medical procedure that do not constitute malpractice. In order to have
a chance at an advance on a medical malpractice case, a complaint
document should have been prepared for the medical malpractice case.
Also, most of our underwriters require an expert witness report or
testimony
stating that what happened in your case violated the acceptable
standard of care. However, one of our underwriters will review a
medical malpractice case if your attorney has not already obtained an
expert opinion.
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- Do you advance on sexual
abuse cases?
Yes. If you were the victim of sexual abuse by a person outside of your
family who was in a position of authority or trust, and you have
initiated a lawsuit via an attorney, then your case may qualify for a
lawsuit cash advance.
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- Do I need to have a job to
get a cash advance on my lawsuit settlement?
No. In fact, many of our clients are unable to work or have lost their
jobs because of the injuries from the accident that resulted in their
lawsuit.
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- Does my credit history
affect my ability to get a cash advance for my lawsuit?
If you are in a bankruptcy proceeding, then we cannot help
you. Otherwise, your credit history does not matter.
Only the details of
your case are used to determine whether
you can
get pre-settlement funding for your lawsuit.
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- Can I get a lawsuit cash
advance on a case involving a minor child?
No. Lawsuit cash advances are not
permitted on cases involving children under 18 years old. We can
only advance on the portion of a case involving injury or damages
to adults. If your attorney is willing to state in writing that
you are entitled significant damages as a result of the injuries to
your
child, then we may be able to advance on the share of the settlement to
which you are entitled.
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- What can I use the
pre-settlement cash advance funds for?
The lawsuit cash advance funds are meant to be used to pay your bills
that you
have been unable to pay due the circumstances brought about by your
lawsuit. The advance should be used to help avoid such
events as foreclosure on your home, eviction from a house or apartment,
repossession of a vehicle, and shut off of utility services. However,
you can use the lawsuit cash advance funds in any way
that
you choose.
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- How much can I get from a lawsuit cash advance?
For cases that have not settled yet, the amount that can be advanced is
about 10 percent of the value of the settlement as estimated by our
underwriter. The settlement value is based on the severity of
your injuries and the amount of insurance coverage available to
compensate you for those injuries. The minimum advance amount is
usually about
$250. If a settlement agreement has been signed, it may be
possible to get an advance of more than 10% of the agreed
settlement. Contact us for details.
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- Do I have to take my
advance as a single payment?
No. In fact we recommend that you take small monthly advances
rather than one large advance, if possible, to reduce the fees you will
owe. For example, if you were seriously injured and your case
qualified for an advance of $30,000 to cover your expenses for the next
year while you recover, then we would recommend that your take the
advance as monthly payments of $2500 over each of the next 12
months. If your case settles before the year is up, you will not
be paying fees on money you did not need.
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- I have prior advances
from another company, and they won't advance more on my case. Can I get
more money from your company?
Maybe. There is a limit to how much can be advanced on any
case. In general that limit is 10% of the estimated settlement
value of the case. However, each company evaluates cases in their
own way and may have limits as to how much they will invest in a single
case. Our underwriters will evaluate your case. If they
believe the maximum has not already been advanced on your case, then an
offer will be made to you that includes buying out your prior advances
and advancing additional funds to you. In order to determine the
"buyout amount", we will request that you obtain a "payoff letter" from
the company to which you still owe money for prior advances.
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- How long does it take for
me to get my lawsuit cash advance?
Assuming the underwriter approves your request, the lawsuit cash
advance can usually be made in a few days after receiving the documents
for your case from your attorney. This also assumes that you and
your attorney approve the funding agreement from the underwriter.
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- Are there any upfront fees?
For most non-commercial or personal injury cases, all fees are deferred
until your case settles. Some commercial (e.g. breach of contract,
defamation, fraud, copyright or patent infringement) cases may have a
non-refundable fee for due diligence review by an expert in the case
law.
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- How much is the lawsuit
cash advance going to cost me?
There are fees associated with the use of the money you receive in the
lawsuit cash advance. There may be a combination of both one-time fees
and
monthly
fees. These fees vary based on the merits of the lawsuit, the length of
time it takes to settle the case, and the underwriter providing the
cash advance. All fees will be disclosed to you as part of the process
to determine whether funding can be obtained for your lawsuit. We
will always try to get your case funded through our lowest
cost underwriter first. However, if they are not able to fund
your case, we will try other underwriters if you give us your
authorization to do so.
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- Do I have to make monthly
payments while I am waiting for my lawsuit to settle?
No! Your are getting a cash advance and not a loan
on your lawsuit.
You will pay the cash advance amount plus fees owed for the use of the
cash advance only when the lawsuit settles, and then only if the
settlement amount provides adequate funds after paying others such as
your attorney and medical service providers. You do have the
option of paying the advance plus fees owed back before the case
settles, if you choose.
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- What types of lawsuits
might qualify for pre-settlement funding?
The following types of lawsuits may qualify for pre-settlement funding.
- Motor Vehicles Accidents (e.g. car accidents, truck
accidents, motorcycle accidents)
- Accidents on public transportation (e.g. train,
airplane, ship, bus)
- Pedestrian Hit by a Motor Vehicle
- Bicyclist Hit by a Motor Vehicle
- Theme Park Accident
- Amusement Park Accident
- Carnival Accident
- Ceiling Collapse
- Other Premises Liability Cases
- Toxic Mold
- Mesothelioma/Asbestos Lawsuit
- Medical Malpractice
- FELA
(Railroad Claims)
- Jones Act (Seaman Claims)
- Construction Accidents
- Slip/Trip and Falls
- Work Site Accidents
- Other Types of Personal Injury Lawsuits
- Faulty Products
- Employment Discrimination (e.g. sex discrimination,
racial discrimination)
- Wrongful Termination
- Whistle blower
- Sexual Harassment
- Sexual Abuse
- Wrongful Death
- Police Misconduct
- Wrongful Arrest/Imprisonment
- Nursing Home Abuse
- Commercial Cases (e.g. breach of contract, defamation or
"false light", fraud,
copyright violations and other intellectual
property rights disputes, patent infringement)
- Trust Fund
Fraud
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- Do you advance on Zyprexa
settlement awards?
Yes. We will need the following information on your Zyprexa case.
- attorney/client retainer agreement
- proof of Zyprexa usage
- medical records linking Zyprexa usage to your resulting
diabetes
- Type of diabetes contracted as result of Zyprexa usage
(e.g. insulin dependent versus non-insulin dependent)
A decision regarding whether an
advance can be made on your Zyprexa case will usually be
made in 1 or 2 days after receiving all the documentation listed
above. If your Zyprexa case qualifies for an advance,
a purchase agreement will be produced that both you and your attorney
must approve before you can receive your Zyprexa settlement advance.
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- Do you advance on Vioxx
settlement awards?
Yes. We will need the following information on your Vioxx case.
- attorney/client retainer agreement
- proof of Vioxx usage of at least 30 pills
- medical proof of a Myocardial Infarction or an ischemic
stroke
- receipt of the pills as proof of presumed ingestion
of Vioxx within 14 days before the claimed injury
A decision regarding whether an
advance can be made on your Vioxx case will usually be
made in 1 or 2 days after receiving all the documentation listed
above. If your Vioxx case qualifies for an advance,
a purchase agreement will be produced that both you and your attorney
must approve before you can receive your Vioxx settlement advance.
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- Do you advance on Ortho
Evra
settlement awards?
Yes. We will need the following information on your Ortho Evra case.
- attorney/client retainer agreement
- proof of claim
- signed settlement agreement
- net amount expected after payment of attorney and any
liens, and time frame in which payment is expected
A decision regarding whether an
advance can be made on your Ortho Evra case will usually be
made in 1 or 2 days after receiving all the documentation listed
above. If your Ortho Evra case qualifies for an advance,
a purchase agreement will be produced that both you and your attorney
must approve before you can receive your Ortho Evra settlement advance.
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- Do Workers' Compensation
cases qualify for pre-settlement funding?
This question does not have a simple answer. There are two
distinct types
of Workers' Compensation (sometimes also called workmans'
compensation, workmans' comp, workmens' compensation, or workmens'
comp) lawsuits. There are those against
the employer of the injured worker, and those against
"third-parties". There are many states where pre-settlement
funding cannot
be done on the lawsuit involving the employer of the
injured worker. The reason for this is that the settlement is paid
directly to the injured worker rather than being paid to the
attorney first. Advances to the injured worker cannot be
made in states where the workers' compensation settlement is paid
directly to the injured worker rather than to the attorney. Those
states are listed below.
- Alaska
- California
- Colorado
- Hawaii
- Maryland
- Minnesota
- Nevada
- New Jersey
- New York
- North Carolina
- Ohio
- Oregon
- Pennsylvania
- Texas
- Utah
- Virginia
- Washington, D.C.
- Washington state
- Wisconsin
- Wyoming
The following states are handled on a case by case basis.
Generally speaking, pre-settlement funding can be obtained on a lawsuit
against the employer in other states if the plaintiff (the injured
employee) has obtained a disability rating, liens are permitted, and
direction of settlement payments is 100% through the attorney's trust
account. We recommend that you check with your attorney if these
conditions are true for your case in your state before seeking
pre-settlement funding for your workers' compensation lawsuit
against your employer.
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- What is a "third-party"
Workers' Compensation lawsuit?
A "third-party" Workers' Compensation lawsuit is a lawsuit for a
work-related injury, but it is against an entity other than your
employer or their workers' compensation insurance company. For example,
it could be against the manufacturer of a
piece of equipment that had a design defect that contributed to your on
the job
injury. Another example is a work site related accident that is
caused by a lapse in safety procedures, and the company responsible for
work site safety is not your employer. Yet another example is an
employee who is injured in a motor vehicle accident while on company
business, and the party causing the accident is not employed by your
employer. Unlike workers' compensation lawsuits against the
employer,
"third-party" workers' compensation cases can be funded in any state in
which pre-settlement funding on lawsuits is permitted. You should
discuss with your attorney if your work-related lawsuit also might
justify a "third-party" lawsuit.
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- Do you advance on
employment discrimination or wrongful termination cases?
Yes. However, before we can help, you and your attorney should obtain a
"right to sue" order from the federal Equal Employment Opportunity
Commission (EEOC) or similar state authority. One reason for this
is that most employment is "at will". This means an employer can
terminate employment at any time. The "right to sue" order
implies that after some level of review by a state or federal entity, a
violation of employment law may have occurred.
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- Do I need to have an
attorney?
Yes. You must have an attorney. We cannot get a lawsuit cash
advance for you unless you have an attorney. Also the attorney
must be working for you on a "contingency fee" basis. Lawsuit
advances cannot be done on cases where the attorney is working
for you on an "hourly fee retainer" basis. You cannot be acting
as your own attorney.
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- Does my attorney need to
approve my request for
pre-settlement funding?
Yes. We strongly suggest you discuss your need for pre-settlement
funding with
your attorney before you request a lawsuit cash advance from our
company. Some attorneys will not support their client's request for a
lawsuit cash advance. Other attorneys support the request when
they believe it serves the needs of their client. Your attorney's
support is essential. They will be asked to provide information and
documents about your case. If you are approved for a lawsuit
cash
advance, then both you and your attorney must approve the funding
agreement.
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- Does the underwriter get
involved in legally representing me?
No. Your attorney is your legal representation. The underwriter is only
involved to provide you with the lawsuit cash advance.
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- Are you giving me a
settlement for my lawsuit?
No. The money you receive as an "advance" is not a settlement for your
lawsuit. You and your attorney must still reach a settlement with the
defendant and their insurance company.
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- How do I get the lawsuit
cash
advance after my attorney and I approve the funding agreement?
All of our underwriters will overnight a check to you. Some of our
underwriters will do a wire transfer or direct deposit into a bank
account of yours.
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- When should I get a
lawsuit cash
advance via your company?
You should only try to get a lawsuit cash advance from our
company when you need money to pay your bills, and you have used all
your other resources such as personal savings, borrowing from family
and friends, and banks. When you get a cash advance from your lawsuit
it should be the minimum amount to meet your needs at the time in order
to minimize the fees you will pay when your case settles. If you have
not reached the maximum amount the underwriter will advance for your
case, it may be possible to get another cash advance at a later date.
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- Why should I go through
the additional expense of getting a lawsuit cash advance?
You should not get a lawsuit cash advance unless it will buy your
attorney the
time needed to get the settlement you really deserve, or you simply
have no other way to pay your bills. The insurance companies that
usually pay out the settlements will wait as long as possible to settle
with you. If the cash advance on your lawsuit will allow you to hold
out until your attorney can get you the settlement you really deserve,
then it may be worth the expense to get the lawsuit cash advance. It
may also
be worth the expense to you if it will help you through a difficult
financial situation. Such situations include avoiding foreclosure on
your home, avoiding eviction from your apartment, avoiding repossession
of your vehicle, avoiding shutoff of your utilities, or just keeping
food on your table. You should discuss what is the best strategy for
you with your attorney.
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- Why should I use Chestnut
Hill Funding to get my lawsuit cash advance?
Here are some reasons to work with us. We work with
multiple underwriting companies so you and your attorney do not have
to. Most attorneys do not like sending the same documentation to
several companies. When you work with us we can put your case in
front of multiple underwriters without the need for your attorney to
send the same documentation to multiple companies. This saves your
attorney time and money. When your request is turned down by one of
our underwriters, we request your permission to send it to another
without the need to get your attorney's office involved in providing
documents again. We try to get the lowest cost advance we can for
you from our list of underwriters. We always try to treat you in
a courteous and sympathetic manner. We know you are going through
a difficult situation, and should not be treated in a rude or
insensitive manner by people who you are contacting for help. We
have helped hundreds of people from all over the country get advances
on
their cases. We would welcome the opportunity to do the same for
you.
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If you have additional
questions, or if you would like to learn if your
lawsuit qualifies for funding, please
click here to contact us, or
Call us now at 1-800-598-1178
to get started.
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