LawCash® has provided answers to questions we commonly receive from attorneys whose clients are interested in obtaining LawCash® lawsuit financing, and from attorneys interested in attorney funding. Please view Plaintiff FAQ’s for additional questions and answers about plaintiff lawsuit financing and plaintiff funding advances.
Who can apply for lawsuit financing?
Plaintiffs and potential plaintiffs who have not filed claims but are represented by attorneys are eligible for LawCash® litigation financing. LawCash® provides legal funding including pre-settlement funding to plaintiffs, and to those who have claims and are represented by an attorney but have not yet filed a lawsuit. If you do not win or settle the case, there is no repayment for LawCash’s litigation funding.
LawCash® provides post settlement funding to plaintiffs and to our attorneys who have settled their cases but have not yet received payment. For a small monthly charge, LawCash® advances up to 50 percent of your client’s settlement and up to 60 percent of attorneys’ fees in settled cases. Please note that we do not provide litigation financing to individuals under the age of 18.
Does lawsuit financing and pre-settlement funding work like a traditional loan?
No. Legal funding, also known as lawsuit financing, is not a loan, although many call the litigation funding services LawCash® provides “lawsuit loans”. If LawCash® provides plaintiff pre-settlement funding in one of your cases, your client will have to repay LawCash® only if you settle or win the lawsuit. If you do not win the case, your client will owe us nothing.
Are there any fees to pay up front with LawCash® plaintiff litigation financing? Will there be monthly payments on lawsuit funds advanced?
No. Any repayment to LawCash® including plaintiff litigation funding in pre-settlement lawsuit funding, surgery financing, medical expense legal funding, and post settlement funding, will be due at the time of receipt of settlement or award. There are no monthly payments associated with LawCash® legal funding or lawsuit financing.
How long does it take for plaintiffs to receive a lawsuit funding advance through LawCash® pre-settlement funding?
If we approve a pre-settlement funding request, we can provide your client with a cash advance within 24 to 48 hours. Upon receipt of the legal funding agreement signed by you and your client, we will release the lawsuit funding advance to your client.
LawCash® can approve a request for a post settlement funding advance within one hour after verifying the information you provide. Then, as soon as you or your client executes the funding agreement for the post settlement funding advance, we will advance the lawsuit funds. Please email firstname.lastname@example.org or call 800-529-2274 extension 457 for any questions or to apply for post settlement funding over the telephone.
What are the minimum funding advances plaintiffs can obtain through lawsuit financing?
Our litigation funding team will advance a minimum of $500 in lawsuit funds. There is no maximum, although we do cut and cap legal funding rates as appropriate. LawCash® will advance up to 50% of the net settlement proceeds to plaintiffs and up to 60% of attorneys’ fees to attorneys, in post settlement funding.
How does the LawCash® legal funding team determine the amount of lawsuit financing advances to plaintiffs?
The amount of any litigation funding advance depends on the plaintiff’s needs and the estimated value of the claim. When determining the amount of lawsuit financing funding advances, we will consider the following factors: the facts and law relating to the claim, liability, the venue where the case will be tried, and the insurance company involved in the lawsuit, if any.
What role do I play in my client’s lawsuit financing application?
If your client would like to apply for pre-settlement funding, your client must complete our application and disclosure form. This legal funding form authorizes LawCash® to contact you about the claim so that we can begin the evaluation and underwriting process. We might ask you to provide information about the case, medical reports, emergency room reports, accidents reports, expert testimony, insurance information, information about the current status of the litigation, and any other details that would help us to make our litigation funding decision. If, after reviewing the application, LawCash® approves your client’s plaintiff lawsuit funding request, we will enter into a Funding Agreement with your client.
The Funding Agreement will set forth the amount of the lawsuit funds and the amount owed to LawCash® if the plaintiff secures a settlement or award. We will send the Funding Agreement to you for your signature so that our interests are protected. Other than providing preliminary information in the application process and sending LawCash® repayment before forwarding the settlement or award proceeds to your client, you will have no contact with LawCash®.
Will any fees apply to the amount of the legal funding advance?
Yes. Because LawCash’s litigation funding team is taking a significant risk in providing lawsuit financing to plaintiffs, we charge monthly fees, to be paid at one time, only if settlement is reached. If there is no viable alternative litigation financing source, LawCash® lawsuit financing provides an excellent solution. We offer the lowest monthly fees in the litigation funding industry.
Will LawCash® get involved in my client’s case if they are providing lawsuit funds?
No. We will not interfere in your client’s case. In order to make a litigation funding decision, LawCash® will collect information about the case, but will in no way be involved in or attempt to involve itself in your case after the legal funding decision has been made. Our underwriting team and credit committee will be unobtrusive and will ask only for a few targeted questions and/or documents such as a police report, medical information, or insurance policy information. All information will be kept strictly confidential and is only used to reach a legal funding decision. Your case is your case, and LawCash® will not intervene in any way with the handling of it.
What if I don’t want my client to obtain plaintiff litigation funding?
If you do not want us to fund any of your cases, please let us know so that we can cease all legal funding application activity. However, we hope that you will take the time to get to know more about LawCash® and our services before coming to any conclusion. Please feel free to contact us with any litigation funding questions you may have.
Is lawsuit financing legal?
Yes. Lawsuit financing companies provide a useful service that aids clients with paying food, mortgage, medical, and other bills while a claim is ongoing. For more about the legality and ethics of consumer litigation financing, view the 2012 American Bar Association (ABA) White Paper on the Ethics of Alternative Legal Financing. Many states have enacted legislation which regulates litigation financing, and LawCash® carefully studies and complies with the laws in every state in which it does business.