How Lawsuit Settlement Funding Works
Apply online or by phone; it’s fast, free, and easy. We’ll answer all your questions, and there is no obligation.
Your dedicated TriMark representative will work with your attorney to review your case. No hassle. Guaranteed.
Receive $500 to $500K+ within 24 hours of approval by wire transfer or FedEx Overnight. It’s that simple.
Consumer vs. Commercial
Consumer lawsuit funding may be a misnomer because financing is not channeled into the legal process. Instead, the plaintiff receives cash that will be sufficient to pay for costs that may arise while he or she waits for the result of a pending case.
Sometimes, the plaintiff can also apply for funding when the other party’s insurance provider is still processing his or her payout. Specifically, this is referred to as post-settlement funding.
On the other hand, commercial litigation funding started as an offering to small businesses, attorneys, and law firms. This model allows potential recipients to pursue a costly case.
Commercial litigation financing now involves larger law firms and corporations. It is also extended to both plaintiffs and defendants.
Pre Settlement vs. Post Settlement
There are two types of commercial settlement cash advances available to plaintiffs:
What is Pre-Settlement Lawsuit Funding?
Pre-settlement lawsuit funding is provided to plaintiffs who are in the middle of a lawsuit. When your case is pending settlement or verdict, you can be eligible for this type of financing.
Most personal injury and employment claims can qualify for pre-settlement loans. However, workers’ compensation is not covered by this service.
What is Post-Settlement Lawsuit Funding?
Post-settlement lawsuit funding is offered to plaintiffs who already settled their case or won a verdict but have not received their settlement or compensation check.
Virtually all types of settled litigation qualify for this post settlement advance except workers’ comp.
How Can You Qualify for Lawsuit Loans?
These are the criteria for eligibility for pending cases:
- You are represented by a contingent-fee attorney.
- You must have sustained serious physical injuries or incurred grave financial losses.
- You have established a clear liability against a sufficiently insured defendant.
- Your anticipated value should net at least $150,000 (gross award less attorney fees, case costs, medical liens, etc.).
- Your settlement check must be deposited to, and be distributed out of, your attorney’s trust account.
You only need to provide documentation showing that you will net a minimum of $60,000 after all deductions.
Common Myths About Lawsuit Settlement Funding
Even as the industry continues to grow, some misconceptions about lawsuit funding still exist.
It’s time to change your mind about these five myths.
#1 – Lawsuit Advance Is a Loan
Either by convenience or choice – or for an entirely different reason – people use interchangeable names like lawsuit loans, settlement loans, pre-settlement loans, and lawsuit settlement loans to refer to lawsuit cash advances.
For once and for all, let’s kick the confusion out. Lawsuit advances are not loans. Not in the traditional sense.
Unsecured loans must usually be paid back, often in monthly installments with high interests, on specified due dates.
Lawsuit funding does not come with monthly payments and due dates. You only pay back the advance when your case settles, or you win a court verdict.
#2 – Settlement Funding Is Hard to Obtain
This mindset may be linked with #1. Banks and lending companies often require your credit score, employment status, and income history.
Getting lawsuit funds is reasonably easy. No upfront fees, credit and employment checks, and property collateral are needed to apply. Providers won’t ask for the above documents because approval is based on the merits of your case.
The entire process can also last between 24 and 72 hours. Meaning, same-day lawsuit funding is possible.
#3 – Lawsuit Loans Are Illegal
Such a notion may be borne from the idea that lawsuit funding involves infusing cash into the litigation process itself. But let’s pick it apart. The doctrine of champerty prevents an outside party from financing a suit to share in the proceeds when the suit succeeds. Technically, this description fits what hedge funds do. We call it commercial litigation financing.
This is what some funders like TriMark do. We provide cash advances that plaintiffs can spend on living expenses. And it’s up to you to set aside a sum for litigation costs.
Limiting champerty’s reach has been a trend in the country. Minnesota is the latest to take action when the State Supreme Court abolished the common law doctrine barring champerty.
At the same time, commercial or consumer lawsuit financing is permitted in most states.
#4 – All Lawsuit Funding Companies Are the Same
Many settlement financing firms indeed cater to personal injury plaintiffs. They fund consumers, not commercial clients. It’s also obvious they’re beating the clock and each other to meet your most urgent needs.
But these are surface-level qualities. The reality is that some companies have cropped up only when the industry hit big. Yet others have been around since the late 1990s to early 2000s, still thriving past the dotcom boom and the Great Recession.
If you break it down further, you can also tell who to trust. Funders who have your back will cap their rates 2x or 3x* to protect your settlement money.
* The fees charged for the advance is double or triple the amount you advance. Capped rates are non-compounding.
#5 – Settlement Advance Covers Only Certain Types of Cases
This is partly right. While lawsuit cash advances for individuals cover personal injury and employment-related claims, details may vary from company to company.
For example, one funder offers any motor vehicle accident case while another accommodates only a few, such as bus accidents, car accidents, drunk driving, and train accidents.
You cannot assume that just because the latter turned you down, the former also will.
Look for the right match by checking a potential company’s website, information, and reviews. Try reaching out to them to clarify.
A Lawsuit Cash Advance Restores Stability
That someone who’s been awarded multimillion dollars in damages would admit they’re broke should not surprise us. Filing a personal injury lawsuit can bleed plaintiffs dry.
But people suffer real losses because of the negligence of others. We would like to send a message by fighting for our rights and standing up for ourselves.
In filing a claim, we at TriMark believe that you can strike a balance between fighting and surviving the fight.
The drawn-out legal battle can be tough on you physically, mentally, emotionally, and financially. A settlement loan can act as an anchor when you’re being hit by the wave-like effects of the lawsuit in every direction.
Getting funds anywhere from $500 to $250,000 can help you pay for rent or mortgage, medical bills, groceries and utilities, and other essential needs. And you can have this money in your hands without creating additional debt.
Assessing the Actual Damage
The plaintiff can recover most damages resulting in personal injury through a favorable settlement or a victorious verdict.
However, calculating the value may not be possible until you start medical treatment and therapy. In some cases, recovery can take several years. This could mean continuous consultations, medication, and other in-patient and outpatient services.
While it may be obvious, many plaintiffs overlook the variables surrounding this matter. You can be asking for settlement or compensation that is way too low. Or you can cover all your bases and make an aggressive estimate. The third variable would be delaying the deal to ensure you have the numbers right.
Any of these choices will affect the timeline of your case. And remember that you’re bearing the out-of-pocket costs in the meantime.
Even when you reach a settlement or be awarded an amount, the defendant can extend the release of payout or appeal the verdict.
Hiring a competent attorney to help you sort out a strategy can make a difference. You may then consider applying for legal financing so you can afford to pursue this fight.
The Long Road Back
In California, the estimated time it’ll take an employment case to settle or receive a verdict is less than a year to two-and-a-half years. Personal injury suits can take longer.
But that is just the beginning.
When you win a court decision, your award does not automatically go into your hands. The defendant can prolong the case through appeals.
When you reach a settlement, you’ll have to jump through bureaucratic hoops to receive your payout, which is often structured.
It’s a long and winding road to recovery. By the time money arrives at your door, some plaintiffs find themselves buried in debt.
Lawsuit funding can provide you some breathing space when you’re feeling trapped financially. By advancing your future settlement money, you can even have the chance to clear your debt, pay medical bills, and cover day-to-day expenses.
It may take some time, but getting back on your feet is a strong possibility.
Cases We Fund
TriMark can consider funding on nearly any type of lawsuit with clear liability against a sufficiently insured defendant. We proudly feature some of the most attractive rates in the industry.
Overview of Cases We Fund
TriMark aims to provide fast solutions at low rates in response to the financial hardship caused by the Covid-19 crisis. We have changed our underwriting and approval process to expedite lawsuit funding and accommodate many plaintiffs as possible.
Please provide all of the information to get same-day or next-day financing. Read the full instructions on how to apply here.
If you are eligible for financial assistance, you can apply online. Or you can call us at (877) 932-2628. We are available from 7 a.m. to 6 p.m. PST to answer your questions.
Attorney Lawsuit Funding
Robust and steady cash flow is the lifeblood of any law firm. But if you’re running a contingent-fee legal practice, the risk and cost to your survival are high. Your working capital is dependent on many moving factors: the economy, case timelines, court verdicts, and out-of-court agreements.
One or more failures can bring your otherwise healthy law firm to its knees.
To ensure long-term success and survival, you need to think strategically about litigation finance. Trimark offers several powerful litigation solutions to keep your cash flow reliable and predictable:
- Attorney fee acceleration
- Working capital lines of credit and term loans (based on your entire case portfolio and future contingency fees)
- Complex litigation financing
Motor vehicle accidents can lead to physical, emotional, and financial struggles. Suddenly, you’re dealing with the loss of an old job and lack of a new one, mounting medical bills, and the never-ending living expenses.
You’re supposed to manage all of these while suffering a disability or recovering from a disease.
In filing a car accident claim, you were hoping to recover your past and future losses. But you’re stuck in the middle, waiting indefinitely for an agreeable settlement offer or award.
A lawsuit cash advance can help you meet your present needs without compromising your plans for a good life.
Workplace discrimination is one of the most common reasons for employee litigation. While the numbers decreased, there were still 72,675 complaints filed with the Equal Employment Opportunity Commission (EEOC) in 2019.
If you have a pending employment lawsuit due to discrimination, harassment, or mistreatment at work, you’re in for a heartbreaking wait.
It may benefit the defendant to delay your settlement or trial. Meanwhile, you’re currently unemployed or struggling to find a new job, thus unable to pay your bills, mortgage, car loan, and other liability on time.
Lawsuit funding can throw you a lifeline. You won’t have to worry about creating additional debt when you take this route.
It may be exciting to learn that you received an inheritance. However, receiving your share is a different story.
A decedent’s estate usually has to enter probate before the proceeds can be distributed among the heirs. It could take several months to several years before you can get a hold of your inheritance.
If you want to put it to good use now while your case is in probate, you can apply for an inheritance cash advance. This option allows you to advance a portion of your inheritance value.
There are no upfront costs, hidden fees, and credit and income checks. You can pay it back once the probate ends and the assets are transferred to your attorney.
If you’ve been a victim of unnecessary surgery, a misdiagnosis, or a prescription error, you can use any of these as grounds for a medical malpractice (med mal) case.
Med mal allows you to sue a health care provider for negligence if there was a reason for you to believe their actions breached the standard of care.
Usually, the treatment or procedure directly caused you harm or injury. So on top of waiting for the results of your case, you’re facing the strains of financial and emotional battles.
A pre-settlement cash advance can offer financial relief in cases like yours. You can use the funds to steer yourself back to stability, without the burden of monthly payments and ridiculous interest rates.
Cases that share common issues can be consolidated under Multi-District Litigation or MDL.
You can think of MDL as a large lawsuit for many people, giving leverage to plaintiffs who might otherwise receive inadequate compensation had they filed individually.
You can still be compensated individually, unlike in a class-action lawsuit.
But another characteristic of an MDL is that the defendants are often giant corporations. The controversial Monsanto Roundup cases are among the most famous examples of this case type.
Because of their contentious nature, financial problems are part and parcel of MDL battles. To alleviate your money troubles, you can take advantage of a non-recourse cash advance for your MDL case.
Premise liability lawsuits are a tricky thing. It involves harm or injury suffered by a person on a property. But the right to sue for negligence depends on your distinction as a guest.
An invitee or licensee can file a claim and recover damages. However, a trespasser has minimal or zero rights to claim and recover damages.
The defendant is not limited to the owner of the property. The law extends the liability to an occupant or anyone who currently has control over the land or premises.
The most common examples of dangers a plaintiff can claim damages for are burns, dog bites, drowning in a pool, and slip and falls.
If you have a pending premises liability claim, you can apply for lawsuit funding from TriMark to cover urgent costs.
Each year, millions of injuries and illnesses occur at work in the U.S. industrial sector alone.
If you sustained an injury or harm on the job, you might be entitled to workers’ compensation regardless of who is liable for your condition.
Either way, protracted legal battles related to a workplace injury are not uncommon. The waiting game can exhaust your resources fast.
Legal financing through the likes of TriMark can help keep you afloat during this difficulty. Except for workers’ comp, all workplace injury suits are covered by this solution.