Non-Recourse Funding
Lawsuit Loans: The Definitive Non-Recourse Pre-Settlement Funding Guide For Plaintiffs
Learn what lawsuit loans are, how non‑recourse funding can help you, who qualifies, and how the approval process works. Explore case types, benefits, and more to make the most informed decision with confidence.
In This Article
- Introduction To Lawsuit Loans
- What Lawsuit Loans Are & Are Not
- Lawsuit Loan Approval Process
- ABA Weighs In on Litigation Funding
- What Is Non-Recourse Funding?
- Why Legal Funding Was Created
- How Do Lawsuit Loans Work?
- What Types of Cases Are Eligible?
- What Types of Cases Are Ineligible?
- Who Qualifies For a Lawsuit Loan?
- How Much Funding Can You Get?
- How Is Case Value Determined?
- How Is the Approval Amount Determined?
- Can You Get More Than One Pre-Settlement Loan?
- Can You Get Funding If You Already Borrowed From Another Company?
- Why Call It a Lawsuit Loan If It’s Not?
- Costs, Fees, and Rates
- Lawsuit Loans: Pre-Settlement Cash Advances for Plaintiffs
- Lawsuit Loans vs. Traditional Loans
- How Can You Use a Lawsuit Loan?
- Will a Lawsuit Loan Affect Your Case?
- Is Attorney Cooperation Mandatory?
- Legal Funding Laws: State-by-State
- Do Lawsuit Loans Have To Be Disclosed?
- Ethical Considerations
- State Bar Opinions on Legal Funding
- Benefits of Risk-Free Lawsuit Loans
- How Funding Companies Assess Risk
- How to Choose a Lawsuit Loan Company
- Alternatives to Lawsuit Loans
- Frequently Asked Questions
- Internal Linking Hub
- Final Summary
- Get a Lawsuit Loan Now

Lawsuit Loans Are No Win/No Pay
- Qualification & Approval: Approval is based almost entirely on the strength, liability, and projected value of the case—not the plaintiff’s credit score. There is no risk of denial due to bad credit or past financial hardship.
- Repayment: Repayment occurs only if the case is resolved successfully. If the plaintiff loses, they owe nothing. No repayment. No debt. No personal liability. No exceptions. No kidding.
- This is the core advantage of non‑recourse funding: plaintiffs can access the funds they need without taking on any personal financial risk.

Pre-Settlement Lawsuit Funding Is A 3-Step Process
Factors That Matter
Key elements evaluated during underwriting:
- Liability strength
How clear is the defendant’s negligence, and does the plaintiff have sufficient evidence to prove it? - Degree of negligence
The extent to which the defendant’s negligent conduct caused the plaintiff’s injuries. Additionally, was there any degree of negligence on the plaintiff’s part? - Injury severity and permanence
The nature, extent, and long-term impact of the plaintiff’s injuries. - Medical treatment history
Diagnostic findings, treatment received, surgeries performed, and anticipated future care. - Prognosis and recovery trajectory
Whether the plaintiff is expected to recover fully or suffer lasting impairment. - Impact on earning capacity
Whether the plaintiff can return to work and at what level. - Applicable negligence laws
How state-specific contributory or comparative negligence rules affect potential recovery. - Available insurance coverage
Policy limits and the defendant’s ability to satisfy a settlement or judgment.
Factors That Don’t Matter
Underwriting does not consider:
- Credit score: good or bad; it doesn’t matter
- Credit history: late pays, charge-offs, foreclosure, repo
- Current income: stable or consistent income history
- Employment status: stable or employment history
- Debt-to-income ratio
- Capacity to make regular monthly payments
Uncommon, But They Matter
- Financial Fraud / Identity Fraud
An arrest or conviction heightens concerns about a lack of honesty and trustworthiness, as well as the potential for financial loss from intentional misrepresentation. - Open Bankruptcy Filing
Lawsuit loans may be added to, or absorbed into, an active bankruptcy, thereby preventing repayment. - Open Child Support Liens
In family law, court-ordered child support obligations can take priority over funding liens and can intercept settlement proceeds.

ABA clearly emphasized:
- “Direct funding to a litigant for living expenses may be structured as a loan or as an investment…”
- “The frequency of funding, the diversity of types of funding, and the number of funders have increased.”
- “The number of funded cases has increased significantly.”
- “The litigation funding arrangement should assure that the client remains in control of the case.”
- “The funder has no right to control litigation strategy or settlement decisions.”
- Full-recourse funding: Full repayment, no exceptions. If the borrower defaults, the lender may garnish wages, seize pledged collateral, and take other assets, including bank & investment accounts, real estate, vehicles, and more.
- Non-recourse funding: Repayment is outcome‑contingent. The lender is repaid only from settlement proceeds, and only after the case is resolved. If the case is lost, the plaintiff owes nothing.

THAT is full-recourse lending in real life.
- Wins their case
When this happens, the legal funding company is repaid from the settlement proceeds, as agreed, and everyone lives happily ever after. - Loses their case
When this happens, the plaintiff keeps the money they received, the legal funding company absorbs the loss, and everyone lives happily ever after.
Key Characteristics of Non-Recourse Funding:
- Repayment only from case proceeds:
If there is no settlement or verdict, the plaintiff owes nothing. - No personal liability:
The plaintiff’s personal finances, credit, and assets are never at risk. - No monthly payments:
Repayment occurs only at the end of the case, and only if the case is successful. - Case-based underwriting:
Approval depends on provable liability, damages, and available insurance coverage—not credit scores or employment. - Risk of loss is 100% assumed by the funder:
The funding company bears the full risk of loss.
“Our obligation is to earn a return for our shareholders.”
- Systematic use of delay tactics, denials, low settlement offers, and hardball litigation strategies
- From “Good Hands” to Boxing Gloves is a book that explains “the McKinsey Strategy”, a curated playbook of some of the most controversial strategies that Allstate began implementing in the 1990s to devalue claims and avoid paying fair settlements.
- Repeated regulatory actions for delays, underpayment, and non‑compliance with state insurance rules.
- Allstate and State Farm blasted at 2025 Senate hearing over claims practices
- High complaint volume relative to competitors (historical NAIC data).
- Strategic market withdrawals in high‑risk states despite strong profitability.




