Chestnut Hill Funding, Inc. - Frequently Asked Questions About Pre-Settlement Lawsuit Funding

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What is Pre-Settlement 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".

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.

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.

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.

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.

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

are more difficult to qualify

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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)

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

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

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

Michigan
Oklahoma

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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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