Learn About a Lawsuit Pre-Settlement Loan

Written by admin on March 26th, 2011

In the United States lawsuits are a common occurrence. Civil lawsuits can be filed for a wide range of reasons, including but not limited to personal injury, wrongful death, neglect, sexual harassment, civil rights, class action and many more. Many of these lawsuits brought forth to the civil court system can be considered frivolous, meaning they have no merit but to attempt to get money. However, for plaintiffs in civil lawsuits with merit they can find themselves in a situation that can take months if not years to resolve. If your lawsuit is related to injury or wrongful death you might have taken a serious financial blow, whether it’s due to you not being able to work anymore or loss of a family member’s financial support. In a situation like this a plaintiff in a lawsuit does have a solution that might be right for them; a lawsuit pre settlement loan.

The concept of a lawsuit pre settlement loan is quite simple. A company or group of investors buy interest into pending lawsuits by giving cash loans to the plaintiff, in return they receive the cash loan back, plus interest and fees if they plaintiff wins their lawsuit. In theory, this sounds like an easy business practice, but since lawsuit settlement loan providers take a big risk not all lawsuit cases can get funding. The risk I’m referring to is that lawsuit settlement loans are non-recourse debts. Lawsuit settlement loans are considered non-recourse debts because if your lawsuit verdict is in favor of the defendant you are not required to pay back the loan. That’s right, if the plaintiff does not win their lawsuit they are not required to pay back anything to the lawsuit settlement loan provider. So lawsuit settlement loan providers do their best to stay away from frivolous lawsuits.

Now, in light of the risk that a lawsuit settlement loan provider takes it should be noted that the fees and interest rates charged on these types of loans aren’t that low. Some charge anywhere from 2.9% to 8.9% or more, per month on the loaned amount. There is usually a one-time fee based on the amount that is loaned, which can range from 0 to 00. Most plaintiffs are only able to get a loan at 10% or less of what their lawsuit is actually worth. This helps protects the plaintiff from owing more if they win their lawsuit then what is actually awarded by the judge or jury. In light of understanding how you are charged for a lawsuit settlement loan it should help you decide if it’s right for you.

Getting approved for a lawsuit settlement loan isn’t the same as a traditional loan. Your employment history, income amount and credit history do not play a role in the approval process. Remember, as we learned earlier they base their loans on the actual merit of the lawsuit case. A lawsuit settlement loan provider will review your current case and speak with your attorney prior to approving or denying the loan. It’s a good idea to give your attorney notice you apply for a lawsuit settlement loan to keep the process smooth, and to make sure any agreements with your attorney won’t be broken by accept a lawsuit settlement loan. At the end of the day, it’s up to the plaintiff to decide if a lawsuit settlement loan is right for them, everything should be discussed with family members and a financial advisor if one is available.

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