Having a valid personal injury claim doesn’t always mean you have money available for a lawyer, court fees, and everyday bills. If an injury has also kept you from working, you may wonder how you can afford to pursue compensation at all. Fortunately, having little or no cash upfront doesn’t necessarily close the door on your claim.
Depending on your situation, you may have options like contingency-fee arrangements, court fee waivers, and legal aid.
If your bigger concern is paying your bills while your claim moves forward, pre-settlement funding can provide cash for personal and living expenses. However, pre-settlement funding doesn’t pay attorney fees or court costs.
If you’re wondering how to file a lawsuit with no money, this article provides general information about your options.
Please note: This article is intended for educational purposes only and should not be interpreted as legal advice in any way. Speak with an attorney to discuss what options are available to you.
Key Takeaways
- Filing a personal injury lawsuit can involve attorney fees, court filing fees, and other case costs, but you may have options that can reduce what you need to pay upfront.
- With a contingency-fee agreement, you generally don’t pay your attorney’s fee upfront because the lawyer receives an agreed-upon portion of your recovery if your case succeeds.[1]
- If you can’t afford court filing fees, federal and state courts may allow you to request a fee waiver based on financial hardship, although eligibility rules and procedures vary by court.
- Pre-settlement funding can help cover personal expenses such as rent, groceries, utilities, and medical bills while your attorney pursues your claim, but it isn’t intended to pay attorney fees or court costs.
Can You File a Lawsuit with No Money?
Yes, you can typically proceed with a personal injury lawsuit even if you don’t have money. However, this can create two separate problems: First, you may worry about paying an attorney and the costs involved in bringing your claim. Second, you may need money to live while your case moves forward, especially if your injury means you’re unable to work.
The civil justice system provides several options that can make legal action more accessible when you can’t afford the upfront costs of a lawsuit. Personal injury lawyers often use contingency-fee agreements, which mean your attorney only gets paid if your case is successful.[1]
Additionally, many courts have procedures that let people who can’t afford filing fees proceed without paying the full fee upfront, although the requirements depend on the court. Some low-income people may also qualify for help through legal aid programs.
But what if your injury keeps you from working? You may worry about paying for rent, groceries, medical care, transportation, and other daily expenses. In that case, pre-settlement funding may be able to help. The options below address both sides of how to file a lawsuit with no money, from reducing the upfront cost to finding financial support during the process.
Court procedures, fee rules, and financial assistance options vary by state and court, so you should always confirm the rules that apply to your situation with a licensed attorney.
Typical Expenses of Filing a Lawsuit
If you need a lawyer and have no money, your first concern may be the upfront costs of filing a lawsuit. Below, we’ll cover the basics of these expenses and options that may be available to help reduce or remove them.
However, you should consult your local court and attorney for the most accurate estimate of what your case may cost.
Court Filing and Administrative Fees
Courts generally charge a filing fee when someone starts a civil lawsuit, but the amount depends on the court and jurisdiction. For example, federal district courts charge a $55 administrative fee for filing a civil action. There can be additional fees as your case proceeds: If your attorney needs to search records, request certified documents, or receive paper copies of records, these can add up.[2]
That federal amount is only one example, though. If you file your personal injury lawsuit in state court, you’ll need to check the fees charged by that state’s court system. If you can’t afford the filing fee, you may also be able to request a fee waiver.
For example, the federal $55 administrative fee doesn’t apply to people who receive permission to proceed in forma pauperis, which allows eligible people to pursue a case without paying certain court costs upfront.[3] We’ll explain court fee waivers in more detail below.
Attorney Fees and Case-Related Costs
If you hire a personal injury lawyer on a contingency-fee basis, you don’t pay the attorney’s fee upfront. Instead, you pay the attorney from the money you receive if you win or settle your case. If you don’t recover money, the attorney doesn’t receive a contingency fee.[1]
However, as mentioned, your case may involve separate expenses such as court fees, as well as costs for depositions or expert witnesses. Lawyers may advance you these case-related costs, but unlike the attorney’s fees, you’re typically still responsible for repaying them even if your case is not successful.[4]
Your agreement with your attorney controls how you handle these expenses, so don’t assume a lawyer will advance every cost. Always ask how the firm handles case expenses before you sign a fee agreement.
Other Common Litigation Costs
As your lawsuit moves forward, other expenses may arise depending on the evidence you need and how far the case progresses. For example, you may have to pay costs related to delivering legal documents to the other party, which courts generally call service of process. Other potential expenses include witness fees and fees to make appeals, if necessary.[5]
The exact costs vary based on your case, location, and the services you need, so there’s no single price that applies to every personal injury lawsuit. Federal courts, for example, maintain their own schedule covering various administrative court services,[2] while state courts set their own fees and procedures.
Ways to Move Forward without Paying Upfront
So, do you need money to sue someone? Depending on your circumstances, court fee waivers and free or low-cost legal services can make it easier to pursue a claim without paying everything upfront.
Contingency-Fee Attorneys
A contingency-fee arrangement can address one of the biggest costs of filing a personal injury lawsuit: paying a lawyer. Instead of charging you a fixed hourly amount, a lawyer working on contingency receives an agreed-upon portion of the proceeds you recover through a settlement or court award. If you don’t recover proceeds, the lawyer doesn’t receive these fees.[1]
As mentioned, a contingency fee does not eliminate the possibility of out-of-pocket costs. You may still need to pay filing fees and other expenses related to your case. What expenses are covered, which costs are negotiable, and what percentage you will pay for attorney’s fees will be spelled out in your written fee agreement with your attorney.[6]
Ask about fees and expenses as you evaluate law firms, and always review your written fee agreement before signing to understand what you’ll pay and when.
Court Fee Waivers (In Forma Pauperis)
Even if you don’t have to pay an attorney upfront, court filing fees can still create a financial barrier. In these cases, you may be able to get a fee waiver. In federal court, proceedings in forma pauperis allow a person who can’t afford the required fees to ask the court for permission to proceed without prepaying them.[3]
Under federal law, you generally need to submit an affidavit that describes your assets and states that you can’t afford the fees. The affidavit must also describe the nature of the case and state your belief that you’re entitled to relief. A court then considers the request.[3]
State courts have their own forms, financial requirements, and approval processes. For example, California’s fee waivers apply if you receive public benefits or have a household income below a certain amount. You may still have to repay the fees if your financial situation improves or your case settles for $10,000 or more.[7]
Because these rules aren’t the same everywhere, you should check your state’s official court website or talk with a licensed attorney about your situation.
Free or Low-Cost Legal Aid
Legal aid may provide another way to get representation when you can’t afford an attorney. The Legal Services Corporation (LSC), which was established by Congress in 1974, funds independent nonprofit organizations that provide civil legal services to low-income Americans. LSC’s financial eligibility rules generally set the maximum income level at 125% of the federal poverty guidelines, although the organizations receiving the funds are free to establish their own limits within this amount.[8]
Qualifying financially also doesn’t mean every legal aid office will handle your personal injury case. Local organizations can have their own priorities and resource limits, so the help available will depend on the organization and your legal issue. If you want to explore this option, you can find legal aid organizations that serve your area on the LSC website.
How Pre-Settlement Funding Can Help
The options above can help with the costs of pursuing your claim, but they don’t solve another problem: how you’ll pay your personal bills while you wait. Expenses can pile up, especially if an injury leaves you unable to work or your case takes a long time to resolve.
Consumer litigation funding can help fill this gap. It’s a cash advance against the expected proceeds of your legal claim that you can use for living and personal expenses while your lawyer fights for justice.
However, pre-settlement funding isn’t designed to pay your attorney fees, court costs, or other litigation expenses. Instead, it works alongside options such as contingency-fee representation and court fee waivers to make filing a lawsuit with no money more feasible, allowing you to continue living while your case moves forward.
Pre-settlement funding is nonrecourse, which means you only repay the advance if your case results in a successful settlement or judgment. To qualify, you’ll need an attorney representing you and a legal claim against the at-fault party.
How USClaims’ Pre-Settlement Funding Works
When you work with USClaims, the pre-settlement funding process follows these simple steps:
- Start the conversation: Talk with your attorney about whether pre-settlement funding could be the right fit for your situation. Then, contact USClaims online or by phone to submit a request.
- Let your attorney handle the case details: USClaims contacts your lawyer directly to review information about your claim and determine whether it qualifies. Your credit score and employment status aren’t part of the approval decision.
- Get access to your funds: If USClaims approves your request, you may receive funding in as little as 24 business hours.*
- Put the money where you need it: You can use your advance for your personal expenses without submitting receipts or explaining how you spent it.
- Repay only after a successful case: If you receive compensation, your attorney repays USClaims in one lump sum from your case proceeds. If you don’t recover compensation, you don’t repay the advance.
Benefits of Securing Pre-Settlement Funding from USClaims
If you’re filing a lawsuit with no money, pre-settlement funding from USClaims can help you cover daily expenses like rent, groceries, and medical bills while your case moves forward. Plus, you get access to benefits other funders may not offer.
Don’t Miss a Bill Payment
If your savings start running low, you may find yourself relying on credit cards just to keep up. USClaims offers pre-settlement funding from $500 to $1 million, and approved funds are typically available in as little as 24 business hours.* That quick access to cash can help you cover bills, so you don’t have to take on debt.
Nonrecourse Means No Risk
Traditional loans leave you responsible for repayment even if your financial situation gets worse. Pre-settlement funding works differently because it’s nonrecourse. That means if you don’t recover compensation from your case, you don’t repay the advance. USClaims also doesn’t require a credit check, so you can request funding without the inquiry affecting your credit score.
You’re Protected with Our 2X Cap*
A case that takes longer to resolve can give fees more time to grow. USClaims limits that risk with our 2X cap.** No matter how long your case lasts, you’ll never owe more than twice the amount you received in funding. Other funding companies may not offer the same protection, so make sure you check the fine print.
No Monthly Payments or Upfront Fees
If you need a lawyer and have no money, the last thing you want is another payment to make. USClaims doesn’t charge upfront fees or require monthly payments on pre-settlement funding. If your case results in compensation, your attorney handles repayment in one lump sum from your proceeds.
No Restrictions on How You Use the Funds
Your financial needs after an injury can be unpredictable. Unlike some traditional loans, USClaims doesn’t limit your funding to specific type of purchases, and you don’t need to submit receipts showing where the money went. You can use your funds for any personal expenses such as groceries, housing, transportation, medical bills, and childcare.
See How Pre-Settlement Funding Has Helped People Like You
with USC in the past. USC does not control the content of such reviews.
You Don’t Need Money to Get Justice
With the right help, you may be able to sue someone, even if you have no money. Even if you don’t have the money, with the right help, your case may still move forward.
Contingency-fee attorneys, court fee waivers, and legal aid may help with some of the costs of pursuing a case. Meanwhile, pre-settlement funding can help with a different challenge: keeping up with your personal expenses while you and your attorney work on your case.
USClaims has helped plaintiffs stay financially afloat for over 30 years, and provided more than $1 billion in funding over the last 10 years. Requesting funding is simple, and you won’t need a credit check to qualify.
You shouldn’t have to put your life on hold while you wait for your case to resolve. Request pre-settlement funding online or call 1-877-USCLAIMS today.
Frequently Asked Questions
Can I file a lawsuit if I cannot afford the court filing fee?
Potentially. Federal law allows a court to authorize someone who can’t afford filing costs to proceed without prepaying those fees after submitting information about their financial situation.[3] State courts may offer similar fee waivers, but eligibility requirements and procedures vary. Check your state’s official court website or speak with a licensed attorney to learn which rules apply.
What resources exist for preparing a claim when you have no money to cover costs?
Several types of resources may help reduce the cost of pursuing a civil claim. Legal aid organizations provide free civil legal assistance to some low-income people, while court self-help centers can provide information about forms and procedures. The Legal Services Corporation funds 129 independent nonprofit legal aid organizations serving every state, Washington, D.C., and U.S. territories,[9] and its website includes a tool for locating an organization in your area. Depending on the court, you may also qualify for a court fee waiver.
How do I request a fee waiver or in forma pauperis status?
In federal court, 28 U.S.C. § 1915 allows you to ask to proceed without prepaying fees by submitting an affidavit showing that you can’t afford them.[3] The affidavit must include information about your assets, the nature of your case, and your belief that you’re entitled to relief. State courts have their own forms, financial requirements, and procedures, so check your state’s official court self-help website for current information.
What documentation do courts typically ask for with a low-cost filing?
Requirements depend on the court and the type of case you’re filing. In general, you may need your case paperwork and financial information if you’re requesting a fee waiver, while some courts may require other documents or identification. Because there isn’t one nationwide checklist for state civil cases, you can check the official website for the court where you’re filing or contact its clerk for the current requirements.
Can I represent myself in court?
Yes, federal law generally allows parties to conduct their own cases personally or through an attorney, and courts refer to representing yourself as proceeding pro se.[10] However, you’ll still need to follow the court’s procedural rules, including applicable requirements for filings and serving documents. Court clerks can generally provide procedural information, but for legal advice, you’ll need to speak with an attorney.
Sources
- [1] Cornell Law School, Legal Information Institute, “Contingency Fee,” https://www.law.cornell.edu/wex/contingency_fee
- [2] U.S. Courts, “District Court Miscellaneous Fee Schedule,” https://www.uscourts.gov/court-programs/fees/district-court-miscellaneous-fee-schedule
- [3] GovInfo, 28 U.S.C. § 1915, https://www.govinfo.gov/app/details/USCODE-2023-title28/USCODE-2023-title28-partV-chap123-sec1915
- [4] Judicial Branch of California, “Hire a Lawyer,” https://selfhelp.courts.ca.gov/hire-lawyer
- [5] Legal Aid Society of Northeastern New York, “Court Fees and Getting Court Fees Paid,” https://www.lawhelp.org/resource/court-fees-and-getting-court-fees-paid
- [6] Yechezkel Rodal, “How Much Does a Personal Injury Lawyer Cost?,” https://www.forthepeople.com/blog/how-much-does-personal-injury-lawyer-cost/
- [7] California Courts, “Request to Waive Court Fees,” https://courts.ca.gov/sites/default/files/courts/default/2024-11/fw001.pdf
- [8] Code of Federal Regulations, “Part 1611—Financial Eligibility,” https://www.ecfr.gov/current/title-45/subtitle-B/chapter-XVI/part-1611
- [9] Legal Services Corporation, “Who We Are,” https://www.lsc.gov/about-lsc/who-we-are
- [10] GovInfo, 28 U.S.C. 1654, https://www.govinfo.gov/app/details/USCODE-2021-title28/USCODE-2021-title28-partV-chap111-sec1654
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Contact for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
Disclaimer:
Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the non-recourse nature of pre-settlement funding.
