A lawsuit is a legal action brought upon by a plaintiff against the defense. The plaintiff may file a suit in hopes to collect damages from an incident that caused physical and/or financial harm. These incidents may be a result of a car accident, slip and fall, wrongful death, patent infringement and breach of contract.
There are two sides to every lawsuit. The plaintiff is the person or entity filing the action, and the defense is the party that the action is being filed against. When the plaintiff files a lawsuit the defense will have a certain amount of time to answer. If the defense does not answer within a specific time frame, they will automatically lose the case.
A lawsuit can take a lot of time before the case goes to trial. This can force some people into making decisions that they would otherwise not make if their finances were in order. It is estimated that over 90% of all injury claims and lawsuits filed each year are settled before the case reaches court. Many of these settlements are agreed upon because the plaintiff can’t wait the course of a suit; they just don’t have the money to wait.
When a person files a lawsuit instead of settling for less, they may borrow against their suit. A pending lawsuit loan is an advance against a case that hasn’t yet settled. In legal terms, the word pending means an ongoing action that has not been resolved. A lawsuit loan is a non recourse instrument provided by a company that invests in pending lawsuits.
A pending lawsuit loan is different than a settlement loan. A pending loan is provided before a case has matured, while a settlement loan is against those cases that have already settled or the plaintiff won a judgment during a trial.
There are hundreds of people each day that apply for cash advances against pending actions. These people can borrow money before a case has settled; however there are no guarantee the case will be approved. The review process for any applicant usually starts with a conversation between the underwriter and attorney. Information is requested through a case document release form. When a company receives the information they will underwrite the case and determine if the client should be approved or denied. This information is critical because it’s used to determine liability and negligence. If during the underwriting process the case can be funded, an offer will be made to the applicant.
Pending lawsuit loans are more expensive than settlement loans because the cases have not yet settled. Lawsuit loans are non recourse which means if you lose your case you don’t have to pay back the advance. When a lender provides an advance against a settled case the rates are typically lower because the likelihood of receiving compensation increases; which in-turn minimizes the risk for the investor.