Lawsuit Financing - Pre-Settlement - Appellate Funding

Advantage Financial Consulting can assist clients and attorneys with lawsuit financing by securing the necessary funding to pursue justice. Pre-Settlement and appellate funding provides resources a plaintiff can use to cover daily expenses while continuing on with a case. Get what you deserve! Be able to stay the course and not be a victim of the insurance company’s ability to stall.

Frequently Asked Questions And Answers!

Question:

Is Pre-Settlement Funding different from the Sale of an Annuity or the Sale of a Structured Settlement?

Answer:

Annuities or Structured Settlement’s are previously agreed upon financial instruments or Policies usually purchased by the losing side in a law suit, so they are existing and are to be paid over a period of several years. Many times the payment schedule may consist of both monthly and or annual payments for example; a $1,000,000 Annuity or Structured Settlement could be paid out at the rate of $1,000 per month with lump sum payments every 5 years, paid over a period of thirty years. Pre-Settlement Fundingdiffers from Annuities and Structured Settlement Funding in that the settlement has not yet been agreed upon or in the case of litigation has not been settled or gone to trial. It is for this reason that Pre-Settlement Fundingis so much more speculative since not award has been made.

Question:

What is Pre-Settlement Funding or Lawsuit Financing?   

Answer:

Pre-Settlement Funding is the advancing of money to personal injury plaintiffs with critical financial needs. These needs often are result of the “game” played by the insurance carriers during the settlement or litigation process. For the injured victim, it may take several months to be released from therapy or their doctor’s care. During this period of time, the plaintiff’s may not have financial resources necessary for everyday living or all of their funds are depleted. Not having reserves to fall back on, and with banks and other traditional capital sources unwilling to help, plaintiffs find themselves under extreme duress and to accept an unreasonable or unfair offer of settlement from the insurance company. Pre-Settlement Funding or Law Suit Funding helps to solve this dilemma by filling a need previously not addressed by the conventional sources such as the banking industry. By stepping in, when no one else will, plaintiffs can now afford the “insurance waiting game” thus providing their attorney with the necessary breathing room to arrange a fair and equitable settlement usually more benefiting to the injured party.

Question:

Is Pre-Settlement Funding or Law Suite Financing a Loan?

Answer:

Pre-Settlement Funding or Law Suit Funding is definitely not a loan the advance is non recourse, meaning the repayment is not guaranteed or "period-certain". Settling a personal injury case requires an undetermined period of time. No payments are required and if the case fails to be resolved (as a result of the litigation), the plaintiff has no obligation for repayment. As a Litigation Funder we accept this risk right along with the Attorney who has taken the case on a contingency basis, no settlement no payment.

Question:

How much can the Plaintiff be advanced?

Answer:

Obviously each transaction is different and will depend on the information supplied by the Plaintiff’s Attorney, but generally it typically will be in the $1,000 to $5,000 range, however, it won’t be unusual for requests and findings to be higher. Our success in recouping our investment will lie in our ability to analyze the cases, evaluate risk and translate these factors to an offer or refusal of capital. Keep in mind that many requests are fundable at some level…we always seek to figure out how to say "yes"!

Question:

Do We Know A Case Will Settle Favorably?

Answer:

As with most things in life, no one can say with certainty how a case will settle or for how much. This is the risk we assume. However, we have the use of an innovative and proprietary system that has been used for evaluating hundreds of cases, assessing case details, risks and managing the underwriting procedures.

Question:

Can The Attorney Loan His Client Money They Need?

Answer:

The Attorney is in a sense loaning or advancing the Client money just by working on a contingency basis, which is, if the Suit fails, the Attorney is out the value of his time and effort. However with the exception to Louisiana Law, it is both illegal and unethical in all other states for an Attorney to Advance funds to a client. It would generally be a violation of the State Bar Rules of Professional Conduct.

Question:

Does the Client’s Attorney have to cooperate!

Answer:

The most important consideration of the Funder is having the full and complete cooperation of the Attorney without that their can be no funding.

Question:

Can we make advances in the State of Ohio?

Answer:

New Legislation just signed by the Governor allows us to grant advances beginning in August 2008

To learn how we can help you, please contact us by completing the form below (Name and Email are required) or complete the General Application to help us assist you further. You may also call us at 866-537-8358 Fax 866-625-1688 (outside the USA call 954-724-0020) We will be glad to help.