The Process behind Lawsuit Loans

September 5th, 2009

Lawsuits are expensive.  They cost more the longer the case gets settled.  Litigation fees vary, still,  all of them present additional burden to plaintiffs, no matter how good their case is.  Plaintiffs don’t live for the case alone; they also have bills and other financial obligations to take care of.  Therefore, it’s not strange to see people being short on cash and needing financial support for their litigation and living expenses.  This is where litigation financing or lawsuit loans come in.

With a lawsuit loan, you can receive a cash advance, a percentage of the total amount of claims that you’re hoping to win in your lawsuit.  Through this financial assistance, you can keep yourself afloat during the process of litigation.

Purpose of a lawsuit loan

As mentioned, a lawsuit loan will keep you and your case going.  Because of the cash advanced to you, you have the financial resources to keep fighting for your case and still provide for other financial obligations.

This is useful for a lot of civil cases, including divorce, car accidents, medical malpractice, and inheritance disputes. For example, an accident resulted in disability.  More often than not, disability compensation from your work and insurance are limited; these are not enough to cover your income before the accident.  It will result in being short on monthly payments and other expenses.  Add to these the litigation expenses.  What if the case takes several months and years?  You’d be hard-pressed for cash for sure.  If you apply for a lawsuit loan, however, you give yourself a financial cushion to continue with your case and meet your financial needs.

Consider also the situation where a wealthier defendant has the ability to drag on the case.  It would surely cost you so much more.  Because of this tactic, there are plaintiffs who are forced to settle for amounts significantly lower than their court claims out of desperation.  But if you have financial backing, you’re given the opportunity to seek a better settlement.

Though usually called a loan, a lawsuit loan is not a loan per se.  It’s more of having a third party invest in your civil case.  The lawsuit loan provider will provide you funds to continue your case.  They collect what is due to them after you win your case.  If you lose your case, you have no obligation to pay them back the amount given.  It’s more of an investment on the part of the lender based on the probability of winning of your case.

How to apply for a lawsuit loan

Applying for a lawsuit loan can be done by you or a broker.  Either way, there are several lawsuit loan providers online and offline.  Application can be done through the Internet or through phone.

When speaking with a lender, you would need to present personal information, details about your case, and your lawyer’s name and contact information.  The lender would then contact your lawyer for the details and documents pertaining to your case. The lender would then assess the strength of your case, and once approved, they would send an offer or contract to your lawyer.  If you and your lawyer agree with the offer, you can just send back the signed copies of the contract and receive  cash as fast as 24 to 48 hours after this.

The advantage of applying for this kind of financial assistance is that lawsuit loans don’t rely on your credit history or background to approve the cash advance.  The decision whether to advance you money or not would depend mostly on the merits of your case.  Remember, they are investing on your lawsuit.  As such, they would only lend to people with strong cases.  That said, there’s a possibility that your loan will be disapproved.

Tips when applying for a lawsuit loan

You should consult your lawyer for the best financing options.  If you have full confidence in your lawyer, you can ask him or her for any lender he or she might have worked with in the past.  Also, you can ask for referrals if your lawyer has not worked with one before.  Since they have a community of their own, more or less, your lawyer should have some information about the good ones out there.  Apart from that, it is the lawyer who will deal with the lender in terms of payment once the case is won.  Therefore, your lawyer has a say in the lender selection process.

Another tip is to consult friends or family who had litigation financing in the past.  Based on their experience, you can have more information on what to look for in a lawsuit loan provider.  And like any other business, these lenders also go by reputation.  Good customer experience will create repeat and additional business, so feedback from friends and family can narrow down your lender selection.

To give yourself some time to compare services and rates, always think ahead.  If you and your lawyer think that the case will drag on for a long time, you should consider getting financial support early.  This is to prevent desperation from clouding your judgment and agreeing with the first lender that approves your application.  Though you’re applying for a loan, it does not mean that you have to agree with the terms immediately.  You can always decline the offer sent to you.  Planning also give you time to look for another lender should one lender decline your loan application.

Do some research on the lender.  You can check online for complaints or reviews of a certain lawsuit loan provider to help you choose a lender to trust.  You can also ask your local government for any complaint about a lender you’re considering.  This is to make you more aware of possible issues you’ll encounter with the lender.  As they say, knowledge is power, and selecting your lawsuit loan provider is no different.

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