If you have difficulties understanding some legal terms and phrases that bombard us every day in countless ways, feel free to use Real Life Dictionary of the Law.
Lawsuit financing covers three major areas:
Pre-settlement funding, funding for a case before it settles
Appellate funding, funding for a case after a judgment has been awarded but is not final because it is being appealed
Funding after the case has settled through structured settlement funding
If you have a Judgment that you would like to sell e-mail us your completed Judgment Submission Worksheet.
Click HERE to read testimonials from satisfied customers who have already used our services.
Diversified Alliance Funding can also fund class action, breech of contract, product liability, medical malpractice, and wrongful death cases. Very often cases may involve funding for expert witnesses, research, attorneys' fees, and plaintiff requests, all of which is available through pre-settlement lawsuit financing.
Please contact us today at 847-224-3817 or e-mail your completed worksheet for us to see if the transaction meets our financial criteria.
The legal community is rapidly embracing pre-settlement lawsuit financing cash advances as a sound and highly ethical service that benefits plaintiffs and their attorneys. Cash can also be made available for expert-witness fees and attorney fees, as well as appellate case funding. Qualified attorneys who have pending receivables and need working capital to cover that occasional "cash flow crunch" can use pre-settlement lawsuit financing to perk up their cash flow.
Currently pre-settlement lawsuit financing is not available only in Ohio.
Usually our clients are the plaintiffs in the lawsuit. They are the injured parties seeking compensation most often in the form of money. More often than not, we are dealing with personal injury (PI) cases and the majority of these will be automobile accidents with an expected settlement in excess of $50,000 and funding requests between $5,000 and $10,000. But as you can see in the list below, many other types of lawsuits can be also funded.
We fund a Client if the Client:
Has been injured in an auto accident
Is involved in a medical malpractice case
Is a plaintiff in a wrongful death case
Is a plaintiff in a commercial or civil litigation case
Had a serious slip and fall accident
Is a plaintiff who needs money to pay for expert witnesses or case costs
Has been injured on the job
Has been discriminated against
Was in a boating accident
Is involved in a commercial maritime injury claim
Has relatives who are victims of nursing home abuse
Is a part of a class action claim
Has small action claims
Has workers' compensation claims
Has a product liability claim
Has settled cases waiting payoffs
Has cases awaiting appeals
Is expecting a minimum settlement of $20,000
The client must be represented by an attorney, and need money prior to settlement because of financial hardship. Usually, the plaintiff's financial hardship is the result of being injured and not being able to work. If he is not working, he is not making any money. If he is not making any money, he cannot pay his bills. These bills could be everyday living expenses or may be the direct result of the injury, such as medical and rehabilitation costs. It may be the cost of replacing the car that was damaged. Very often, we see people using this money to stop foreclosure on their homes, to stop eviction proceedings, or to prevent their cars from being repossessed.
Pre-settlement cash is available to attorneys as well. Law offices like any other businesses can experience cash crunches as part of their growing pains. Money is made available for attorneys for things like expert witness research, expert witness testimony, and attorneys' fees.
What Exactly Is Pre-settlement Lawsuit Funding? It's easy to mistake or confuse pre-settlement lawsuit financing for something it isn't, so let us explain this by first stating what it is not.
Pre-settlement Lawsuit Financing is NOT:
A Full Payout. Usually the funded amount is limited to no more than 10 percent - 20 percent of what the funding source thinks the case will settle for.
A Loan. There is no interest charged on the advance given to the plaintiff, only fees. There are no daily, weekly, monthly, or yearly payments being made by the plaintiff. The plaintiff is only required to pay back the money advanced and fees accrued if and only if he wins his case. In other words, if their case doesn't settle, he does not owe the amount funded or the fees. This is the risk the funding source takes.
This is also known as a "non-recourse" transaction. Non-recourse means the funding source cannot expect the plaintiff to "make good" on the amount advanced, should the case fail to settle.
A Settlement. The plaintiff must still try to win his or her case in the courts, the same as if he/she were not using pre-settlement financing services. The plaintiff must still try to collect from the defendant.
Typically, (if there is such a thing as typical in this business) financing is not available before the case is at least six months old. Why? During the first six months of a suit, the "discovery" is taking place. Discovery is lawyer-speak for collecting all the information related to the case. This often includes medical treatments and evaluations that can take weeks or months to complete. If a case is particularly complicated, it could take months researching all the other cases that relate to this case as well.
NOTE: The major exception to this six-month period is the possibility that there is clearly no doubt as to who is at fault and how much damage was done. An example of this would be if somebody was legally stopped at a traffic light and was hit by a car that was out of control driven by somebody who was drunk at the time. This is especially true if the plaintiff needs medical treatment immediately for which he/she does not have insurance coverage or the money to pay for the medical services.
Buying Payments. We often hear about people getting workers' compensation payments that they want to sell. This is not something we can finance. However, if the payments they are collecting are the result of a Structured Settlement, we can help them. Click HERE to get to Structured Settlements page.
So what is it?
Pre-settlement Lawsuit Financing IS:
A Time Advantage. Pre-settlement lawsuit financing levels the playing field. Without it, the advantage of time is on the side of the defense. After all, they are not damaged. The longer they hold onto their money, the happier they are. The more financially desperate the plaintiff, the more likely he is to settle his case prematurely and for less money.
Money Paid in Advance of a Settlement. Money is available to both plaintiffs and their attorneys to ease their financial hardship. Remember, every case is evaluated on an individual basis, and funds are made available accordingly.
No Risk. To the plaintiff that is. These are non-recourse transactions. If the plaintiff does not win his case, he does not owe any money. Period! The money that was advanced is not owed. Any fees that may have accrued are not owed. Zilch! Nada! Nothing!
An Additional Obligation on the Case. The money financed is secured with either a lien or a letter of protection with the attorney and with signed contracts with the client. This obligation is "behind" (or after) the attorney's lien, and, if there are any, the medical liens. In other words, the funding source is second or third in line to be paid.
Please e-mail us your completed worksheet so we can let you know whether you qualify or not.
Clearly, the Funding Sources take a huge risk in funding a case. Understanding the risk they take will help you feel confident in pre-settlement lawsuit financing as a viable alternative to the financial hardship many plaintiffs and attorneys face. This is a service that helps people when they need it the most!