Lawsuit Settlement Funding
Turning to lawsuit settlement funding can be a good way to meet pressing financial demands for plaintiffs who are in the process of a lengthy suit. There can be many reasons why pursuing this financial alternative is necessary. Often an individual who is in the middle of a lawsuit will be struggling to meet daily expenses. If the suit involves personal injury to the plaintiff, the client may not be able to earn an income. Add to this the cost of medical treatment or rehabilitation therapy and it is easy to see how a severe financial hardship could exist. Legal expenses are generally deferred for most clients. This is because any legal representation that a plaintiff may have retained will usually be working on a contingency basis. The client is only obligated to pay an attorney if the suit is successful. Generally, lawsuit settlement funding can work in the same way. The litigant will only pay back the monetary advance that they receive if the suit is successful. Agencies that provide this funding will usually want to examine the particulars of the case before any money changes hands. This will provide assurance that a case has a reasonable chance of paying off and that the investment will be profitable. Extra fees and charges will usually be added to the total amount of the cash advance that is offered to the litigant. Traditional lenders may be viable sources of cash for some plaintiffs, but often this is not the case, particularly if the borrower is unable to work or has multiple financial liabilities.
A lawsuit settlement funding agency is not usually an organization that works on a public service basis. These agencies are in business to make a profit and they will often receive a hefty reward for any financing efforts that have been arranged. In some cases, a client's attorney may have referred the litigant to the funding agency. It would be highly unethical for legal representation to loan or offer money to a client. Of course, to direct a client to a source of financial aide is perfectly permissible. Some organizations offer an online application process. When this is the case, a potential recipient will want to make sure that the proper security measures have been taken. A good deal of sensitive and personal information will need to be shared including private medical records. A client needs to know that this information and their privacy will be protected. If the client is approved, the advance is awarded. When the case is completed, one of two things will happen. A successful case will mean that the lawsuit settlement funding agency will be paid back the money that was forwarded, plus a commission. Often this commission will be quite substantial. If the plaintiff looses the case, there is no obligation to pay the agency back. The money was an advance and not a loan and was given to the plaintiff on a contingency. A lost case means that the plaintiff owes no money to either the lawyer or the provider of funds.
Similar to lawsuit settlement funding, some organizations will also provide funds in other situations. These situations could involve individuals who are receiving lottery winnings through payments over time as well as annuity recipients. In many cases, lottery winnings will trickle down to the winner in small, timed increments rather that a large lump sum. Most winners would much prefer a lump sum as opposed to small payments. Organizations that provide lawsuit settlement funding will frequently also offer to buy up lottery winnings from clients. This approach gives the lottery winner access to a large amount of money at one time. Of course, the one time payment will be substantially less than the total amount of money that would come in over time. An agency will then continue to collect the small payments as they come in and receive a profit for their efforts. Even though the client will receive less money than the original lottery winnings represent, there can be a number of sound financial reasons for opting to sell off lottery winnings or annuities to these organizations. Having all of the money at once can mean a chance for investment or other opportunities that would not have been possible with small, timed payments. Additionally, inflation can take a real toll on the worth of these payments as the years past. Gaining access to all of the money at one time can present many more options than simply waiting for the cash to slowly roll in.
Structured settlements and annuities are other types of lawsuit settlement funding that a client can take advantage of. Financing of this nature can help a family obtain needed cash rather than having to wait for it over time. Lump sum payments can make a big difference in the life of a family that is struggling to make ends meet. The Bible reminds believers to hope in God and remember His faithfulness. "That they might set their hope in God, and not forget the works of God, but keep his commandments." (Psalm 78:7)
Most providers of lawsuit settlement funding will not require any kind of credit check of potential clients. This is because it is the merits of the case that establish the viability of the financing and the amount of risk that is involved rather than the credit score of the plaintiff. Once the case has been approved, a litigant may receive the funds within a matter of a few days. A client's privacy is respected in these cases and no one other than the plaintiff's attorney is informed of the transaction. Such opportunities for funding can make a huge difference in the lives of plaintiffs and their families.
Lawsuit Settlement LoanThe term lawsuit settlement loan is actually a misnomer of sorts because they are not classified as loans for legal purposes. In most cases, they are classified as a non-recourse cash advance. Funds are distributed only to people with pending lawsuits. The funds are used to help the plaintiff meet financial obligations until the case is settled in court. According to an online search of finance companies, cash advances can be obtained for lawsuits of just about any sort: motor vehicle accident, slip and fall, product liability, construction accidents, medical malpractice, false imprisonment, and commercial litigation. Non-recourse means that the person receiving the cash advance is not required to repay the money if the case is not won. Adjustments are made to the amount that must be repaid, if the case is won, but the settlement is less than anticipated. The process is really simple, if a person wins their case the amount of the advance along with fees are paid directly to the finance company out of the settlement, judgment, or award. But, if a person doesn't win in court, he or she doesn't have to pay.
Even if a lawsuit settlement loan is not classified as a loan for legal purposes, remember what Proverbs says. The rich rule the poor and the borrower is servant to the lender. Generally, a person must be a plaintiff and he or she must be represented by an attorney. After the initial paperwork is submitted, a finance company will contact the attorney. The two parties discuss the case and estimate the value of the settlement. If the financial provider determines that the case is likely to be won, funds will usually be distributed within twenty-four to forty-eight hours. Again, these types of financial transactions are not loans. Credit is not extended and they do not go on a person's credit report. In a sense, the finance company is speculating on the outcome of the court case. Therefore, a lawsuit settlement loan is considered high risk, so the transaction fees can be significant. The charge may be a single flat fee paid once the case is won.
On the other hand, the finance company may charge a fee each month the lawsuit settlement loan is outstanding. Some court cases can take years to settle, and monthly fees accrue quickly. Finance companies may charge the monthly fee for each month beginning when the funds are issued and when it is finally recouped by the company. Fees may be as high as 15 percent per month. As a result, once the case is settled the fees can be quite significant. All cases vary, and the amount of money a person may be advanced will vary as well. Advances generally range anywhere from under $1,000 going up to $75,000. But some finance companies will advance up to $100,000 under certain circumstances. A lawsuit settlement loan may be a good choice during times of hardship, such as when a person is unable to work, his or her income has been significantly reduced, or if they need help paying health-care expenses.
But, a lawsuit settlement loan should be considered a last resort. Take a long close look at the hardship and determine if this course of action is desirable. If the case is won, a large portion of the settlement is going to the finance company. That makes the borrower a servant to the finance company. Money and worldly possessions don't make for true wealth and they don't necessarily relieve hardship. However, being rich in God does. "But in all things approving ourselves as the ministers of God, in much patience, in afflictions, in necessities, in distresses, in stripes, in imprisonments, in tumults, in labours, in watchings, in fastings; By pureness, by knowledge, by longsuffering, by kindness, by the Holy Ghost, by love unfeigned, By the word of truth, by the power of God, by the armour of righteousness on the right hand and on the left, by honour and dishonor, by evil report and good report; as deceivers, yet true; as unknown; as dying and, behold, we live; as chastened, and not killed; As sorrowful, yet always rejoicing; as poor, yet making many rich; as having nothing, and yet possessing all things." (2 Corinthians 6:4-10)
Other funding options should be sought first. Financial and legal experts suggest that a person should shop around first before deciding on this type of funding. If a person does decide to pursue a settlement loan, they should investigate several companies. As it was mentioned earlier in the article, a lawsuit settlement loan is not actually classified as a loan. If they were, the finance company would not be able to charge the fees they do. Since the transactions are high risk, high fees are necessary. Without charging high fees to offset the risks, companies couldn't offer them. Most states have what are called usury laws, which are designed to prevent lenders from charging excessive interest rates on loans. Basically, if the interest rate exceeds a set percentage for certain types of loans, then under the usury law it is considered to be an illegal contract and cannot be enforced. For the most part, a lawsuit settlement loan will be referred to as a pre-settlement funding, cash advance, investment, or venture capital. According to an online legal website, financial groups can get around the usury laws because the contract is set up so the person being provided the funds does not repay the amount received. He or she will pay only a portion of any settlement received.