October 28, 2009
Lawsuit Loans: Does Your Case Qualify? Part I
We previously discussed the fact that the term lawsuit loan is a misnomer. It is not a loan at all! The correct term would be settlement funding, funding that is provided in advance of settling your claim. Many view this type of funding as a form of venture-capital.
The fact that the applicant incurs no risk, viz., is non-recourse, as a result of a settlement loan, is an important aspect of this form of funding.
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.
There are many of types of cases for which lawsuits may be provided. You may find it beneficial to understand not only the types of cases for which such funding may be provided, but some of the nuances as well.
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.
Slip-and-Fall: This is the most common type of case. These are cases against which many retailers are taking a very hard stance. It is often necessary to request and obtain video-surveillance of the incident. It is necessary to be very clear regarding the surface on which the slip occurred, obstacles that were present that may have produced the fall, etc. Elicit testimony from witnesses if necessary to support the claim made. Don’t leave details regarding the mechanism of injury to chance.
Looking to find the best deal on lawsuit loans, then visit us to find the best advice on settlement loans for you.
Filed under Loans by Dr. Tom Rhudy