Unfortunately, the topic of lawsuit loans and settlement loans frequently encounters resistance from attorneys. This can be particularly frustrating to clients who are need of financing, but are unable to obtain it. Certainly, their attorneys are not permitted, by law, to assist them with financing their lawsuit.
In this particular article, we'll address five things lawyers should know about the benefits of lawsuit loans and settlement loans in assisting their clients in obtaining a fair and equitable settlement in their lawsuit.
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1. It is important to realize that not all forms of lawsuit funding are onerous.
Litigation funding is of relatively recent origin. In many instances, such funding may be obtained at no cost to the litigant. Remember, these are non-recourse forms of financing. Therefore, if the plaintiff does not prevail in the underlying claim, there is absolutely nothing to repay.
Additionally, although these forms of financing are referred to as a lawsuit loans and settlement loans, this is really a misnomer. If they were in fact loans, it would be necessary to repay them, irrespective of the outcome of the litigation. However, fees will be assessed with respect to the financing advanced predicated on the amount of risk inherent in a particular claim. Thus, these forms of financing are more correctly identified as having "risk fees."
Fortunately, this form of financing does not inhibit the trial's outcome. In fact, it increases the likelihood of a case not having to go to trial. This assumes, of course, that the attorney is sufficiently apprised of methods by which requisite discovery is obtained to force the defendant to settle the claim as quickly as possible. (This is just one of the many reasons that a plaintiff needs to retain a competent attorney - one who specializes in the area of law in which their particular case would fall.)
2. The "risk-fee" is going to be contingent on the nature of the claim filed. There isn't a great deal that can be done to adjust this fact. This is not a time to seek a litigation funding source-based solely on the fees assessed in a particular case.
It is also significant to keep in mind that most of these litigation funding companies are relatively flexible in dealing with clients. The lenders will be willing to assist their clients in being able to repay the monies advanced, assuming that it is in the lender's best interest. In many instances, it would be beneficial to the lender to allow the client a more protracted interval to repay than not to obtain any payment whatsoever. Additionally, it would be much less expensive than the lender having to file a suit against its own client.
3. Lawsuit loans and settlement loans are such that an attorney's cooperation is absolutely essential.
No legitimate funding company will advance financing in a lawsuit without first contacting your attorney. Therefore, it is very important that you cooperate with your attorney and have an attorney who will cooperate in obtaining this funding as quickly and easily as possible. The attorney's office will be required to forward requisite documentation to the funding entity. The attorney will also need to counsel and approve liens that will be assigned against the lawsuit proceeds - in the event the plaintiff does prevail in the underlying claim.
If you encounter any funding entity that will advance either lawsuit loans or settlement loans without having your attorney approve of such a transaction, you would be strongly advised to avoid entering into any arrangements with such an entity.
4. Most plaintiffs are looking to obtain financing very quickly.
The vast majority of instances in which litigation funding is sought have a sense of urgency as one of their principal components. It would be a rare instance indeed for an attorney who specializes in Personal Injury cases to have not encountered numerous situations in which their clients have found themselves in need of such financial assistance.
Attorneys should be aware of the fact that this process actually will assist both the attorney and client in being able to proceed with requisite discovery, continuing to pursue a fair and equitable settlement in lieu of accepting some low-ball offer that the defendant will put on the table, thinking that the plaintiff is unable to continue this fight to a reasonable conclusion.
Your attorney will also be in the best position to assist the funding entity in identifying the strengths and weaknesses of your case. Keep in mind that those individuals who do advance lawsuit funding are customarily very knowledgeable in this process. This is also the way in which the process, if the plaintiff so desires, may be used to put the defendant on notice that the funding entity has reviewed your claim and they have deemed it worthy of funding. (Keep in mind, however, it is never necessary to divulge such information to the defendant.)
If you find that your attorney is not willing to cooperate with you in this process, it will be necessary for you to make a determination as to whether you need to get another attorney or abandon your hope for obtaining either a lawsuit loan or settlement loan to assist you in pursuing your claim. This is an impasse that forces you to make a decision.
5. Make no mistake about it, those who provide lawsuit loans and settlement loans are in business to make money.
If the funding entities from which such financing is obtained are not able to make a profit, they obviously would not continue to be in the business of providing litigation funding. Additionally, if they advance funding in a capricious manner, they're not going to be in business for a very long period of time.
Once again, in the vast majority of instances, you will find individuals who are very knowledgeable in the process of lawsuit funding when applications are submitted. Individuals who work closely with brokers are best able to find funding companies that are in a position to help the client in a very efficient manner. (There are many funding companies that will not provide funding simply because of the state in which the claim is filed. There are some states in which virtually no lawsuit funding company will advance litigation funding.)
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