What is pre-settlement funding?

Pre-settlement funding is an advance of money to you, the plaintiff, and/or to your attorney before your case settles.  Pre-Settlement Funding provides you with immediate cash, allowing you and your attorney more TIME to negotiate a LARGER and more fair settlement.  You can ease your financial burdens by paying your creditors now and then get the maximum possible settlement by not having to settle for less than your case is worth!

Pre-settlement lawsuit funding is NOT a full payout.  The advance amount is based on the potential future settlement value of your case.  The advance amount is usually 10-20% of whatever amount the funding source believes your case will settle for.  The advance amount is NOT A LOAN.  Therefore, you will not make payments to re-pay the advance, nor will you pay interest.

The funding source will assess your case to determine any fees pertaining to the pre-settlement funding.  Some of the assessment factors include: the complexity of your case, the perceived risk to the funding source, the amount of money advanced to you, and the time it will take to settle your case.  HOWEVER, no matter what the fees may be, you will OWE NOTHING IF YOU LOSE YOUR CASE.  You will not have to re-pay your advance or any of the fees incurred.  This is known as a non-recourse funding transaction.

You may be eligible for Pre-Settlement Funding if you need money prior to settlement due to financial hardship, and if you are represented by an attorney, and if you...

• have been injured in an automobile accident.
• are a plaintiff in a wrongful death case.
• are involved in a medical malpractice case.
• have experienced a serious slip-and-fall accident.
• are an attorney and/or plaintiff needing money to try a case, pay case costs such as pay for expert witnesses.
• have been injured on the job.
• have experienced some form of discrimination.
• have a relative who is a victim of nursing home abuse or elder abuse.
• have a claim with a settlement value of at least $20,000 or more.

What are structured settlements?

A Structured Settlement is a method of paying damages to a plaintiff (the injured party) over a period of time AFTER a lawsuit has been settled.

How Are Structured Settlements Created?
A structured settlement most commonly results from a personal injury lawsuit involving:

• Product liability
• Motor vehicle collisions
• Wrongful death
• Medical malpractice
  

When the outcome of a lawsuit results in a settlement, the damages awarded are funded in the form of an annuity contract issued by an insurance company. This settlement is structured as follows:

• A company (typically an insurance company) is selected by the defendant to structure the settlement.
• The structured settlement company purchases an annuity contract and sends the payments from the annuity to the plaintiff. The payments are fixed in time and amount.
• The structured settlement company retains ownership of the annuity even though the plaintiff is the beneficiary.

Who Can Benefit From the Sale of a Structured Settlement?

Each year about 15,000 new structured settlement transactions are originated in the United States. This ever-growing number points to an estimated cash flow of $25 million. Plaintiffs receiving a structured settlement can benefit from the sale of their stream of payments by receiving a lump-sum of cash.

Opportunities in this area are limited in some states. Be sure that you check your state's laws regarding assignment of assigning structured settlements. Our Web Partners can often purchase settlements that plaintiffs have been told are non-assignable. Contact us for further information and assistance in this area.

Are you receiving payments from a structured settlement? Do you need money? Contact us for additional information on how we can help.

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