How Much Does Lawsuit Funding Cost?

• January 27, 2010

The frequency with which this question occurs by those who visit our site often amazes me. It is the wrong question. The true question is, “Does lawsuit funding cost or pay?”

It is important to bear in mind that you are not negotiating a settlement in a vacuum. The party against whom you have filed your claim is not likely to say, “Sure, I will admit that it was my fault. How much do I owe you?” I have testified as an expert in more than 100 personal injury cases and have never encountered such a scenario. You are frequently left with two options: (1) either accept a ridiculously low offer to settle your claim; or (2) obtain a settlement loan to assist with expenses to enable you to pursue the case to the end.

As the plaintiff, you will be surprised at the fact that the defendant, who readily admitted liability when the incident occurred, now denies any liability whatsoever once you seek compensation for damages/injuries sustained. Frequently, you will find that the defendant is now attempting to assign liability to you. It should come as no surprise that the defendant is not willing to admit liability once litigation is underway. That’s why they call it an adversarial system. That is why, too frequently, your options may be to either accept a ridiculously low offer to settle your claim or obtain a settlement loan to assist with expenses to enable you to pursue the case to the end.

It is essential for you to have a good personal injury attorney representing your interest if the case goes to trial. Rest assured that the defendant will, in most instances, be represented by an attorney for the insurance carrier. It is not uncommon for the defense attorney to meet his/her client for the first time at the beginning of trial.

The important thing to keep in mind is the fact that the defense legal representative has no concern whatsoever, in almost all cases, about what happens to the defendant. The defense legal representative’s motives are guided purely by a desire to serve the insurance company’s interests. Yes, I realize that formally the defense legal representative has the defendant as a client. However, this is designed to preclude making the jurors aware that the insurance carrier, with its millions/billions, is actually “pulling-the-strings” behind the scenes. Furthermore, this is why you are frequently left with only two options: (1) either accept a ridiculously low offer to settle your claim; or (2) obtain lawsuit funding to assist with expenses to enable you to pursue the case to the end.

Insurance carriers are viewed with such contempt by many that neither you nor your attorney will be permitted to even acknowledge that it is the insurance carrier that is, in reality, denying your claim. Merely mentioning that fact may serve as a basis for mistrial!

Did this article assist you in setting-aside any belief that the insurance company responsible for paying your claim has any interest whatsoever in seeing to it that you’re treated fairly in the settlement process? If so, it served an important purpose! In fact, the insurance company doesn’t want to pay you a penny. If this were not the case, you would not have filed a lawsuit in the first place. If this weren’t the case, your lawsuit would have been settled, in many instances, years prior. It is at this juncture that you are often faced with a decision. Will you accept the unreasonably low offer that the insurance company has placed on the table, or will you obtain lawsuit funding to enable you to meet expenses so that you can pursue your lawsuit to its conclusion?

Does lawsuit funding cost or pay? You decide.

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Category: Finance

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