As we've discussed in the past, the term "settlement funding" is actually a misnomer. It is actually not a loan. Rather, it is funding provided in advance of obtaining a settlement of your claim. It truly is a form of venture-capital.
An important aspect of this form of funding is the fact that the applicant bears no risk in this transaction, a benefit of having a non-recourse loan.
The process begins when the lender and applicant strike an agreement. According to the terms of your agreement, if you lose your case, you do not have to repay the loan. Many consider this form of funding, correctly so, as a no-risk type of financial assistance to which you have access while you are awaiting settlement.
Settlement loans come in a variety of guises. An understanding of the types of cases for which settlement funding is issued will prove useful.
Automobile Accident Lawsuit: This is a very common personal injury lawsuit case. They often include medical bills that are difficult to pay. It is not uncommon for these cases to drag on for several years.
Injuries children sustain: Obtaining a pre-settlement loan for these cases is often difficult. History teaches us that, sadly, guardians often pursue a claim to benefit them, without considering the injured child's interests, creating the need for the Court to appoint an attorney ad litem. The child's interests may be antithetical to that of the guardian's, resulting in the attorney ad litem representing the child in an adversarial manner.
Cases involving slip-and-fall: This is the most common mechanism that results in personal injury, many times requiring settlement funding. Many retailers will challenge every aspect of such claims, principally due to both their prevalence and cost. If video-surveillance is available, as is true in many instances, a copy must be procured. In these cases, it is very important to clarify how the incident occurred, such as the surface on which the slip occurred, anything that may serve as an obstacle in your path and that resulted in your fall, etc. In such cases, witness testimony can prove very useful and should be elicited if both possible and it will support your claim. One should never leave to chance details regarding the manner in which the incident occurred. Your chances of obtaining settlement funding are increased when you provide a complete description of the incident. - 30462
An important aspect of this form of funding is the fact that the applicant bears no risk in this transaction, a benefit of having a non-recourse loan.
The process begins when the lender and applicant strike an agreement. According to the terms of your agreement, if you lose your case, you do not have to repay the loan. Many consider this form of funding, correctly so, as a no-risk type of financial assistance to which you have access while you are awaiting settlement.
Settlement loans come in a variety of guises. An understanding of the types of cases for which settlement funding is issued will prove useful.
Automobile Accident Lawsuit: This is a very common personal injury lawsuit case. They often include medical bills that are difficult to pay. It is not uncommon for these cases to drag on for several years.
Injuries children sustain: Obtaining a pre-settlement loan for these cases is often difficult. History teaches us that, sadly, guardians often pursue a claim to benefit them, without considering the injured child's interests, creating the need for the Court to appoint an attorney ad litem. The child's interests may be antithetical to that of the guardian's, resulting in the attorney ad litem representing the child in an adversarial manner.
Cases involving slip-and-fall: This is the most common mechanism that results in personal injury, many times requiring settlement funding. Many retailers will challenge every aspect of such claims, principally due to both their prevalence and cost. If video-surveillance is available, as is true in many instances, a copy must be procured. In these cases, it is very important to clarify how the incident occurred, such as the surface on which the slip occurred, anything that may serve as an obstacle in your path and that resulted in your fall, etc. In such cases, witness testimony can prove very useful and should be elicited if both possible and it will support your claim. One should never leave to chance details regarding the manner in which the incident occurred. Your chances of obtaining settlement funding are increased when you provide a complete description of the incident. - 30462
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