Resolution of a catastrophic personal injury, class action, mass tort, qui tam, or Federal Employers Liability Act (FELA)[1] case often takes several years. During this time, you may face daunting financial challenges. Notably, you may have to pay for medical bills and other expenses related to your injury while also suffering from a loss of income and the practical and financial challenges associated with this.
Many plaintiffs don’t realize that even after they have prevailed either through trial or settlement, they will often need to wait months to receive their compensation. If the case has already gone to trial and a judge ruled in the plaintiff’s favor, but the defendant files an appeal, the wait could be longer. As bills mount, that wait can seem like an eternity. Post-settlement lawsuit funding, also known as post-settlement funding or cash for settlement, can provide a valuable lifeline to litigants teetering on the brink of financial crisis.
What is post-settlement funding?
Post-settlement funding offers non-recourse advances for plaintiffs. After a plaintiff has prevailed at trial or through settlement, a settlement funding company will provide immediate cash in exchange for an interest in the plaintiff’s future settlement payments.
Post-settlement funding is valuable because it’s paid out very quickly. Unlike the actual settlement check, which could take months or even years to arrive, USClaims can process and pay you within 24 to 48 business hours after approval.
No Risk Financing
Post-settlement funding is a form of no-risk financing. We can confidently issue you money because we know you will receive your settlement. However, even with the assurance that a settlement is in place, an ethical company will perform due diligence to determine how much to funding to offer and understand the plaintiff’s settlement details.
One significant advantage of post-settlement funding vs. pre-settlement funding is that the litigation funding company requires less information. Since the plaintiff and defendant already agreed to a settlement, the underwriting process won’t need a complex assessment of the case, such as its length or merits. In most situations, the plaintiff can receive post-settlement funding in days.
Plaintiffs who take advantage of post-settlement financing benefit by shifting the risk of nonpayment to a settlement financing company, such as USClaims. Unlike a traditional loan with monthly repayments tied to the borrowers’ income, post-settlement funding is repaid via the settlement. If the defendant fails to pay the settlement, the funding company gets nothing and will not pursue the plaintiff for the funds.
USClaims issues you funds in return for a portion of the settlement when it’s paid. Once we transfer the payment to you, you can spend it as you wish and are not required to make monthly repayments. We will only get paid from the settlement payment. If the defendant doesn’t pay the judgment or settlement, we get nothing and won’t pursue you or your lawyers for the funds. For the plaintiff, there is no risk—no recovery means no repayment.
Post Settlement Process
USClaims makes the post-settlement process easy with clear, concise language and quick turnarounds from the underwriting department. Discover below how the process of post-settlement funding works.
Complete the request:
- Provide us information about your attorney and the amount awarded in the case or agreed in a settlement. This will help us calculate the maximum post-settlement funding amount we can offer.
Wait for approval:
- A representative will contact you within two business days of receiving the post-settlement funding request and let you know if additional information is required, such as the docket number for your case.
Receive the payout:
- If we approve the application, we’ll send a contract for you and your attorney to sign. We aim to transfer the funding to the client’s bank account within 24-48 hours or 1-2 business days of receiving the signed contract.
Usually, the process should take no longer than five business days. To ensure our team can process the application quickly, applicants must provide all required documentation and their attorney’s contact details as soon as possible.
Types of Post-Settlement Cases
Post-settlement lawsuit funding or cash advances for settlements are available to approved applicants in a variety of cases, including:
- Personal injury lawsuits such as auto accidents, premises liability, slip and fall, medical malpractice
- Catastrophic personal injury
- Class action
- Mass tort
- Qui tam (whistleblower)
- Federal Employers Liability Act (FELA)
- Other prevailing plaintiffs whose verdicts are under appeal
Benefits of Post-Settlement Funding
Post-settlement funding helps plaintiffs bridge the gap between a judgment or settlement award and receipt of the funds. The legal process associated with making a claim can take months or years to complete, and many individuals who make claims after an accident struggle to make ends meet in the face of injury or disability.
It also provides a financial lifeline. You can use your funding for your family and personal necessities and don’t have to worry about repayments.
When to Apply for Post-Settlement Funding
While post-settlement funding applications are usually processed in a matter of days, it’s advisable to apply for funding as soon as possible in case there are any questions or issues to resolve. The sooner you start the application process, the faster the funds can come through.
Post-settlement lawsuit funding is not a grant that’s contingent on financial hardship. Rather, it’s an advance on funds that already belong to the plaintiff. This means there’s no need to wait for financial hardship to apply.
Post-Settlement Funding Provide Financial Relief After Case Resolution
It’s important to know that post-settlement funding is typically less costly than pre-settlement funding. A judgment or settlement is already in place, which reduces the element of risk to the funding company. As one of the top post-settlement funding companies nationwide, USClaims can help provide you with the financial support you need after a settlement offer or judgment in your favor. For more information or to apply for post-settlement funding support, contact us today.
USClaims also offers pre-settlement funding. If a case qualifies for pre-settlement funding, then we would purchase a portion of the proceeds of the anticipated court judgment or settlement for some cash now. USClaims only gets paid for successful claims or settlements! Apply now or call us today at 1-877-USCLAIMS to learn more.
The availability of pre-settlement funding varies by state. Contact USClaims for more information.
Sources
Hegadorn, Robert. “LibGuides: Federal Employers’ Liability Act: Introduction.” Libguides.law.villanova.edu, libguides.law.villanova.edu/FELA.