Since I’m in the industry, obviously I have a lot of interest in articles being published about theis particular facet of litigation funding. I find it particularly interesting to read the numerous articles that are misleading. One can only surmise that many of these articles are published by those who would want to preclude having individuals obtain adequate lawsuit loans and settlement loans to assist them with the litigation process. A common reason that this would occur would be because the individuals do want do not want the injured plaintiff to have his/her “day-in-court.”
As we begin this article, let me say that some jurisdictions make it extremely difficult, if not impossible, to obtain lawsuit funding (e.g., North Carolina). However, most states do permit such transactions to occur. It is understood that, as a public-policy, this form of funding can be very helpful to those who do not have the financial resources to fend for themselves if tthey sustain injuries as a result of another’s negligence.
Please take note of the fact that attorneys are barred, at least in most jurisdictions, from assisting their clients financially, irrespective of the financial hardship the client may face. Additionally, most jurisdictions make it illegal for anyone other than a disinterested third party to provide either lawsuit loans were settlement loans to plaintiffs. Attorneys who violate this stricture often place their professional lives in jeopardy.
The American Bar Association has made it very clear that its position is that attorneys are not to advance financing to their clients to enable them to proceed with litigation. Furthermore, virtually all jurisdictions bar attorneys from engaging in this activity. Many attorneys general offices have actually issued legal opinions with respect to this issue.
An individual may certainly incredibly asked why he such funding would be necessary to pursue litigation if one is injured as a result of another’s negligence. Unfortunately, many people find themselves confronting substantial delays in settlements. These delays can create crashing hardships on those individuals who have sustained the injuries. In fact, insurance carriers often focus on the strategy of “delay, delay, delay.” These delays often result in coercing the plaintiffs to settle their claims at a substantially-reduced amount.
There are some instances in which attorneys object to their clients obtaining either lawsuit loans are settlement loans. Although this is relatively rare, this is seen most commonly in attorneys who work with so-called Personally Injury Mills. The attorneys do not wish to have the client possess the means by which he/she is able to continue the litigation because the attorney wants to quickly churn-out a particular number of cases each month to meet the firm’s quota. Individuals would be wise to avoid utilizing such attorneys’ services.
It is the non-recourse nature of litigation funding that often confuses individuals. However, this simply means that if the individual does not win the underlying lawsuit, they do not have to repay the money advanced. Actually, it’s inappropriate to refer to these arrangements as “loans.” If they were loans, it would be necessary for them to be repaid, irrespective of the outcome of the case. Therefore, it is more appropriate to refer to this form of funding as, just that, funding.
In spite of all of the fear-mongering, lawsuit loans and settlement loans are perfectly legal, if not performed in a usurious manner. If a funding entity were to engage in such activities, the transaction could be barred as a matter of law. Therefore, individuals would be wise to work closely with lawsuit funding brokers to assist them in finding the most ethical and economical avenues to obtain the funding they seek.
Do you think a lawsuit settlement loan is right for you? Would you like to learn more about lawsuit funding? Please visit us today and you may apply online for lawsuit funding and learn more about the benefits of lawsuit funding.
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