There are many options besides taking out a lawsuit settlement loan to get money while waiting for a settlement or court judgement. Money companies commonly provide cash to plaintiffs through advance funding for a share of any future recovery. Advance funding agreements and borrowings are distinct from "lawsuit settlement loans," although the two terms are sometimes used interchangeably. A lawsuit settlement loan is a loan, but advance funding is equivalent to purchasing a portion of the eventual award.
For Whom Is Lawsuit Pre-Settlement Funding Useful?
Lenders and specialised financing groups may issue financial loans to plaintiffs in personal injury and civil rights discrimination proceedings or to heirs waiting for the settlement of an estate. From the moment an injury occurs (from an accident or medical malpractice, for example) until a trial is heard and a settlement is awarded can be quite some time. You may be unable to work till then, resulting in a decrease in income. As a result, litigation funding or advance funding might provide much-needed income to help you get by while you wait for the outcome of your case.
Healthcare and other essentials can quickly eat into your budget, and you may struggle to meet ends. In such a dire financial strait, a lawsuit settlement loan or advance funding agreement can seem like a gift from heaven. One must provide careful consideration before entering into any of these contracts.
Financial Advances and Lawsuit Loans Play Different Roles
Credit scores and the likelihood of a settlement or court award are two factors that lawsuit lenders consider before making loans. Advance funding businesses often do not assess the litigant's creditworthiness but instead rely on an evaluation of the projected return, making it easier to acquire advance funding arrangements. If your credit is less than perfect, you may find it easier to obtain advance financing than a lawsuit settlement loan.
Repayment of a lawsuit settlement loan consists of two parts: the original loan amount and interest accrued during the life of the loan. Investors agree to a predetermined sum of money or a share of the total prize in exchange for support before the project's completion. If a plaintiff agrees to advance funding, the funder usually doesn't have to worry about losing money if the lawsuit doesn't succeed or if the settlement falls short of what was expected. Even though they have different terms and conditions, interest and percentage-based reductions can dramatically reduce a plaintiff's compensation.
Price gouging and lax regulation go hand in hand.
Among the newest kinds of financing are litigation loans and advance funding arrangements. Both have significant drawbacks that could be costly to address. There should be a standard set of guidelines for all forms of debt financing, including pre-settlement loans. In most nations, guidelines for either of these funding options are minimal at best. Although there are rules and regulations to protect mortgages, auto loans, and other types of private borrowing, these contracts fall outside their purview.
Borrowers often have no new financial responsibility due to advance funding arrangements. If the funder is given preference over the plaintiff for the share of revenues in case of a settlement or award, the litigant may get very little money.
Government lawsuits pose a threat to the legal funding industry.
It's no surprise that settlement loans and advances have garnered so much attention in the media, given the stakes. For instance, in February 2017, the New York attorney general and the Consumer Financial Protection Bureau launched a lawsuit against a lender for allegedly offering pricey court suit loans before settlement to sick Sept. 11 responders and retired NFL players who had concussions problems. The authorities are investigating allegations that the lender participated in unethical practices by charging interest rates of up to 250% and other excessive fees. The lender earned tens of millions from settlement funding.
Overall, to Summarise
Do not be in a hurry to seek a loan or cash advance based on a litigation settlement. The federal and state levels of government have inadequately regulated these agreements and they are also unreasonably expensive. If you've been injured and can't make ends meet because of it, filing a lawsuit may not be the best use of your money.
If you have no choice but to dip into your retirement funds, do so. Taking a 401(k) loan might cut retirement income, so it's essential to think carefully about the consequences. Still, it could be less expensive and risky than poorly regulated, high-cost alternatives.
Borrowing from a 401(k) or family member is only one of many alternatives available to people who are temporarily strapped for cash.
