Tuesday 22 January 2013

Know More About Lawsuit Advance Funding

By Chandra Zane


The time you have to wait for a case to be heard and a settlement to be made, can run into months and sometimes much longer. If you are unable to work, or require ongoing medical treatment you may find that you are facing severe financial difficulties. An application for lawsuit advance funding can help you out of a tight financial spot while you are waiting for your case to be heard, or a settlement to be paid.

It is a course of action that should not be taken lightly, or without paying due care and attention to choosing a fund provider. You should discuss it with your lawyer if you intend to apply for a pre settlement advance. Your lawyer is the person who can provide a professional opinion on whether you have a strong case, and therefore are likely to receive a financial settlement.

Reputable fund providers will enter into a non-recourse agreement with you. That basically means that they will provide you with funds on the basis that if you lose your lawsuit, you do not have to pay the money back. However, they will only enter into an agreement, if your lawsuit meets certain criteria.

The first being that your case is checked by their legal team, to ensure there is an expectation that you will win, and be awarded a settlement. Secondly, should you receive funds, and later be awarded a financial settlement, you will have signed a legal contract agreeing to repay the amount funded, plus a percentage of your settlement as interest. The maximum amount you can obtain in an advance will be set by the provider.

The provider will need to consult with your lawyer in order to assess the likely outcome of your case. They will require access to all the information and evidence supporting your case. In addition, the funding provider will consider the risks of any awarded settlement not being paid.

Cases against individuals often carry an additional risk. Individuals are often unwilling or unable to meet their financial obligations and pursuing payment is not always feasible. Therefore, obtaining funds for a case against an individual, is usually much more difficult, and sometimes impossible to source.

Companies that are in the business of providing lawsuit advance funding rely on lawsuits being successful if they are to get their money back. The majority believe there is less risk of non-payment with lawsuits against insurance companies, corporations and government departments. They will only provide presettlement funding and lawsuit funding solutions when they are sure of a return.




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