Why do we even refer to it as a lawsuit loan? It is clearly not a loan in any sense of the word! To be precise, we should refer to it as settlement funding, a form of funding provided in advance of settling your claim. One may even go so far as to refer to it as 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.
An agreement is made between the applicant and the settlement loan lender. Once the agreement is made, if you don't win your case, you are not required to repay the amount funded. This is an aspect of settlement funding that may be used to provide a no-risk resource of financial help during a pending proceeding.
Settlement funding may be provided for numerous types of cases. It is often instructive to understand not only the types of cases for which settlement loans may be obtained, but also some of the quirks involved with the specific type of case.
Personal injury suits very frequently occur as a result of motor vehicle collisions: Personal injuries of many types occur as result of incidents out of which this type of claim arises. On top of damage to the vehicle you occupied, there are, on many occasions, hospital bills, ambulance bills, and other medical expenses to pay. Due to the stakes involved in such cases, they are often not settled for years.
Injuries to children: These can be difficult cases for which to obtain a pre-settlement loan. Due to the risk of guardians pursuing a claim to solely benefit them and not an injured child, the Court will often appoint an attorney ad litem. The attorney ad litem represents only the child's interests, interests that may be antithetical to that of the guardian's.
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.
More Information:
Learn more about settlement funding. Stop by Dr. Tom Rhudy's site where you can find out all about the benefits of obtaining a settlement loan and what it can do for you.
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Article: Settlement Funding: Does Your Case Have What It Takes To Qualify? Part I Author: Dr. Tom Rhudy Publication Date: 2009-11-01 Total Views: 259 Word Count: 508 Category:Home /
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