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When Is Pre-Settlement Funding a Good Idea?

by

JG Wentworth

October 11, 2024

7 min

Lawyers talking over a case and deciding if pre settlement funding makes sense for their client

Pre-settlement funding, often called a lawsuit cash advance or legal funding, is a financial tool that has become increasingly popular among individuals embroiled in lengthy legal battles. Unlike traditional loans, pre-settlement funding is unique in one critical way: it’s not a loan. Instead, it’s a non-recourse cash advance, meaning that if you lose your case, you don’t owe anything back to the funding company. For those facing financial hardship while awaiting a settlement, this can be a game-changer. But is it always the right choice? Let’s look at some scenarios where pre-settlement funding makes sense and when it might be worth considering.

1. When You’re Facing Financial Hardship

Legal cases can stretch on for months, sometimes even years, leaving plaintiffs stuck in a financial limbo. This can be particularly stressful if the case involves a personal injury that has left you unable to work. In these situations, the bills keep piling up—rent, mortgage, utilities, groceries, and other daily expenses don’t pause just because you’re waiting for a legal settlement. For many, the time between filing a lawsuit and receiving a settlement can be financially draining.

This is where pre-settlement funding can make a real difference. It provides you with immediate cash to help bridge the gap between your current expenses and the time it takes for your case to resolve. The key advantage here is that the cash advance is based on the estimated value of your case, not your credit score or employment status. So, if you’re in a tough spot financially, this type of funding can relieve some of the pressure, allowing you to focus on your recovery and your case.

2. When the Settlement Offer Is Too Low

Insurance companies and defendants often use the time factor to their advantage, offering settlements that are far below what you may deserve, betting on your need for quick cash. They know that plaintiffs, especially those facing economic hardships, may become eager to settle simply to get some money in their pocket. But accepting a low settlement could mean shortchanging yourself, particularly if your injuries or damages are extensive.

By securing pre-settlement funding, you can level the playing field. It gives you the financial breathing room to hold out for a fairer settlement offer, one that truly reflects the extent of your injuries, lost wages, and other damages. With this buffer, you can buy your attorney the time they need to negotiate a more favorable outcome, ultimately resulting in a better settlement that justifies the wait.

3. When You Need to Cover Medical Expenses

For plaintiffs in personal injury cases, medical bills are often among the most significant expenses while awaiting a settlement. Injuries from accidents can require long-term care, physical therapy, surgery, and specialized treatment, leading to hefty bills that health insurance might not cover entirely. Even if you have medical insurance, there may be co-pays, deductibles, and out-of-pocket expenses that can add up quickly.

Pre-settlement funding can provide the means to keep up with these costs, ensuring that you continue to receive necessary medical care without worrying about falling behind financially. Importantly, this funding allows you to prioritize your health and recovery rather than being forced to delay treatments or accumulate debt while waiting for your settlement. It’s an option that can help you maintain stability during a difficult time, without risking further financial strain.

4. When Traditional Loans Aren’t an Option

Not everyone has access to traditional loans, especially if their credit is less than stellar or they lack a steady income. Most banks require a solid credit history, collateral, or proof of steady employment, which can be nearly impossible to meet if your injury has kept you out of work. Additionally, personal loans require monthly payments, which can add to the stress if you’re not currently earning.

Pre-settlement funding is different. It doesn’t have the same stringent requirements as a bank loan. Instead, the funding is based on the merits and potential value of your lawsuit rather than your credit score or employment status. This makes it a more accessible option for individuals who might struggle to secure other forms of financial assistance. Plus, since there are no monthly payments, you won’t have to worry about additional financial burdens while your case is ongoing.

5. When Time Is of the Essence

Life doesn’t stop just because you’re in the middle of a lawsuit. Sometimes, you need cash urgently to deal with unexpected expenses. Perhaps your car broke down, and you need it to get to doctor’s appointments or take your kids to school. Maybe a critical bill is due, and there’s no flexibility in the payment terms. In these scenarios, waiting for your settlement to come through isn’t an option.

Pre-settlement funding can provide you with quick access to cash, often within a few days of approval. This rapid turnaround can make all the difference when you’re dealing with time-sensitive needs. It can act as a financial lifeline that helps you get through an immediate crisis, giving you the peace of mind to focus on the bigger picture—winning your case and getting the compensation you deserve.

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6. When Your Attorney Believes in the Strength of Your Case

A key part of the pre-settlement funding process is the evaluation of your case by the funding company. They assess the potential outcome, which helps them determine how much money they can advance to you. If your attorney believes your case is strong, and a favorable settlement is likely, pre-settlement funding might be a more viable option.

A strong case reduces the risk for both you and the funding company. It increases the likelihood that you’ll eventually receive a settlement, making it more likely that the advance can be repaid without leaving you in a difficult position. Many reputable funding companies work closely with attorneys, ensuring that the process aligns with the best interests of their clients. When your attorney is confident in the merits of your claim, this type of funding can become a more strategic choice.

7. When You Fully Understand the Costs Involved

It’s crucial to remember that pre-settlement funding is not free money. It comes with fees and interest that can add up over time. However, the biggest difference from traditional loans is that pre-settlement funding is non-recourse. This means that if you lose your case, you don’t owe the funding company anything—no repayment is required. This can provide a significant safety net for plaintiffs, ensuring that they are not burdened with debt if their case doesn’t end favorably.

This non-recourse nature is a significant benefit, but it’s still essential to have a clear understanding of the terms before proceeding. Speak with your attorney to ensure that you understand the total cost and potential impact of the funding. 

Conclusion

Pre-settlement funding can be a powerful tool, offering immediate financial relief during a challenging time. It makes sense in situations where you’re facing financial difficulties, need to cover necessary expenses, or when waiting could help you secure a more favorable settlement. Its greatest advantage lies in its non-recourse nature—if you don’t win your case, you’re not stuck repaying the advance, unlike traditional loans.

However, pre-settlement funding isn’t for everyone, and it’s essential to approach it with a clear understanding of its costs and implications. Consulting with your attorney and thoroughly evaluating your financial situation are key steps in determining whether this type of funding is a good idea for you. When used wisely, it can provide the support you need to navigate the difficult period before your case is resolved. Knowing when to use this option can make a significant difference in maintaining your financial stability while you await your rightful compensation.

The information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.

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