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Litigation Funding Blog

Pre-Settlement Funding: A Powerful Tool for Plaintiffs to Plaintiffs to Meet Pressing Financial Demands

September 11, 2014

A personal injury can leave victims in financial ruin, but pre-settlement funding can help plaintiffs wait for justice.

All too often, plaintiffs with a legitimate claim face powerful insurance companies or large corporations with deep pockets to withstand the litigation process. On the other hand, plaintiffs have fewer resources, and if seriously injured may be faced with considerable medical expenses, lost wages, and other financial burdens. Powerful defendants know this and will purposely deny, delay, and defend a claim as a way to put extra monetary burden on plaintiffs. When this happens, plaintiffs might be influenced to settle quickly and for less than case value. Often times, pre-settlement funding can help plaintiffs obtain justice they deserve.

What is pre-settlement funding?
Pre-settlement funding is a cash advance that provides plaintiffs in the pending lawsuit emergency cash against the expected proceeds of their settlement.

Who can apply for pre-settlement funding?
Any personal injury victim who has retained an experience attorney and has filed a personal injury lawsuit can apply for pre-settlement funding.

When should a plaintiff apply for pre-settlement funding?
Typically, plaintiffs will apply for pre-settlement funding when a case is long and drawn out and there is an immediate financial need.

Why should a plaintiff apply for pre-settlement funding?
A plaintiff should consider pre-settlement funding when the case is long and drawn out, the bills are piling up, and there is no other sources of cash – savings, family, friends, etc. – to tap into.

How does the funding company determine if a plaintiff can obtain pre-settlement funding?
Once a plaintiff applies for pre-settlement funding, the funding company will contact the plaintiff’s attorney for case documentation. The only requirement for approval is a case with merit. If the case is deemed to have merit, funds will be awarded based on case value. There are no credit checks or employment verifications.

How can pre-settlement funding be used?
Pre-settlement funding can be used for anything the plaintiff deems fit, but is typically used to pay the essentials – medical expenses, mortgage or rent payments, tuition, auto payments, groceries, as well other necessities.

Why can’t plaintiffs apply for a traditional bank loan?
Most traditional banks will not provide a loan against a lawsuit. Additionally, banks require monthly payments, credit checks, and employment verification, as well as the promise to pay back the loan whether or not the plaintiff wins the case.

When is the funding company paid back?
Once the legal proceeding is finished and a settlement has been reached, the funding company is repaid from the proceeds of the lawsuit.

Can plaintiffs prepay the cash advance?
Plaintiffs can pay back the cash advance at any time prior to settlement without penalty.

What if the plaintiff loses the case?
Because pre-settlement funding is provided on a non-recourse basis, if the plaintiff loses the case, the lawsuit cash advance is completely waived.

With a lawsuit cash advance in hand, plaintiffs can avoid debt and jeopardizing their credit, stay financially afloat, and provide time for their attorney to obtain a larger, fairer settlement. If you are in a pending personal injury lawsuit and seeking financial assistance until your case settles, consider pre-settlement funding. Call for more details or apply online.

In Case You Need Another Reason Not to Text and Drive

September 8, 2014

The Colorado woman said she had just dropped off her daughter’s saxophone at school. Running later for a business meeting, she did a voice text to a friend. When she looked down to make sure her message translated properly, the woman ran into a guardrail which pierced her thigh and buttocks. Firefighters had to saw off the front and back end of the pole to get the woman out. She was rushed to the hospital for emergency surgery. She spent four days in the hospital and will temporarily need the help of a walker, but expected to make a full recovery.

We hear about serious texting and driving accident all the time, often at high rates of speeds. This woman was only in the school parking lot and travelling 20mph at the time of the accident, yet she required extensive surgery and over 40 stitches. Doctors said she is lucky to be alive; had the pole gone a little bit the other way, she would have bled out.

This shows how dangerous texting and driving can be anywhere, at any speed. Let it be a warning to you; don’t text and drive!

Litigation Funding Corp. is a pro-justice lawsuit funding company that strongly supports a national ban on texting while driving. If you are driving to meet someone; if you are late and considering calling him or texting him while driving, consider this question: Would you rather meet this person late, or suffer serious or fatal injuries? Think about that the next time you get into your car and sit behind the wheel, mobile device in hand.

Wrongful Death Lawsuit in Billboard Accident Settles

September 4, 2014

At a time when people are losing confidence in our system’s ability to deliver justice, here is a case that proves our civil justice system can, and does, work.

An undisclosed settlement has been reached in the wrongful death lawsuit of a 10-year-old boy killed by a falling 300 pound flight display board at the Birmingham, Alabama airport last year. The young boy and his family were traveling through Birmingham on their return home to Kansas after a spring break vacation. During a layover at the newly renovated Birmingham-Shuttlesworth International Airport, a 300-pound flight information panel fell off a wall striking several family members. The boy died from his injuries; his mother and two younger brothers were seriously injured, while his dad and an older brother and sister were unharmed. It took six people to lift the sign and another dozen to hold it upright while first responders administered aid.

The wrongful death lawsuit sought unspecified damages for the death, injuries and emotional pain caused by the incident. Named in the suit were Brasfield & Gorrie, BLOC and the Joint Venture, Fish Construction and KPS Architects, all contractors involved in the airport’s recent renovation. This unfortunate, tragic accident will not bring the child back, but it has led to changes to ensure such tragedies no not happen again.

According to the family’s attorney, the defendants have accepted responsibility for their respective roles that contributed to the tragedy.

“I am pleased to report that each defendant has taken specific steps to analyze the failures that may have occurred and have agreed to make concrete changes to ensure that similar tragedies are avoided in the future,” he said. “In light of the criticism that is often levied at our system of civil justice, this case is proof that while flawed at times, the system can and does work.”

Litigation Funding Corp. congratulations this family and their attorney on a victory and commend the defendants for accepting responsibility and implementing change so such tragedies do not happen again.

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