Wrongful Conviction Settlement Funding
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If you spent time in jail for a crime you didn’t commit, you experienced a serious civil rights violation and may be entitled to compensation through a wrongful conviction lawsuit. However, litigation can take months or years to resolve, further delaying your ability to reclaim your life.
Fortunately, you can get a cash advance on your anticipated settlement. When you work with USClaims, you can receive funding in as little as 24 business hours and you won’t have to undergo a credit check. Plus, you don’t have to pay us back if you don’t win your case.
Key Takeaways
- Wrongful conviction happens more often than you may think, with thousands of convicts exonerated within the last few decades.
- If you were falsely accused, prosecuted, and jailed, you may be able to recover damages through a wrongful conviction lawsuit.
- Cases can take years to resolve, potentially causing you financial hardship.
- Obtaining a wrongfully convicted settlement loan can help you stay afloat until your case ends.
- There’s no risk to securing pre-settlement funding because you don’t have to repay the advanced amount if you don’t win your case.
Common Causes of Wrongful Convictions
Wrongful conviction is a serious issue – and one that is more common than you may think. According to The National Registry of Exonerations, nearly 3,700 people have been cleared of wrongdoing since 1989. Those falsely imprisoned collectively lost approximately 34,000 years of their lives.
According to the University of Michigan’s Innocence Clinic, some of the common causes of wrongful convictions are the following:
- Faulty eyewitness testimony
- False confessions
- Science that doesn’t hold up
- Misconduct by the government
- Inadequate legal counsel
- Witnesses with ulterior motives
The Death Penalty Information Center (DPIC) reports that government official or police misconduct and false arrests remain the primary causes of wrongfully convicted cases. What’s worse is that these nefarious factors are most prevalent in cases involving more serious charges. The threat of the death penalty is also believed to help generate false confessions.
Here’s a closer look at the causes of wrongful conviction:
Faulty Eyewitness Testimony
Although credible eyewitness testimony seems like it should be nearly foolproof, this is far from the case. Science supports the fact that our memories aren’t stored within our brains like a video that we can return to on command. While eyewitness testimony often plays an important part in criminal cases, memories must be preserved carefully to ensure they don’t become tainted.
False Confessions
False confessions are a phenomenon that is difficult to comprehend but is, nevertheless, very real. These confessions are often the result of overzealous interview techniques that simply wear suspects down to the point that ending the interview is preferable to continuing to profess one’s actual innocence.
Science that Doesn’t Hold Up
Some forensic testing methods end up being nothing more than junk science. In fact, some forms that are used regularly in court aren’t supported as robustly by scientific data as they should be. In other words, the evidence that the prosecutor uses to convict you may not actually signify what it is purported to signify (or may not be especially reliable). Further, some forensic experts provide testimonies that amount to professional misconduct.
Misconduct by the Government
Sometimes, a governmental entity will endeavor to convict a defendant – even if the evidence doesn’t support such a finding (or even if there is clear and convincing proof of the defendant’s innocence).
Inadequate Defense
To fight for your rights, you need an experienced and dedicated criminal defense attorney on your side. An ineffectual, inexperienced, and/or overworked defense attorney is less likely to forestall a false conviction. Public defenders are particularly prone to not having the time necessary to provide each case with the attention it deserves.
Witnesses with Ulterior Motives
Sometimes, juries hear testimony from people who have an ulterior motive (such as payment or favors provided by the prosecution). When the primary evidence used to convict comes from an informant who is incentivized to testify, it can lead to a highly suspect verdict.
Can You Sue if You’re Wrongly Convicted?
Spending time behind bars for a crime you didn’t commit is a travesty of nearly unbelievable proportions. While no amount of compensation can return the time you lost or negate the pain you suffered, just compensation in the form of a settlement or court award can help you move forward with the financial support you need.
Generally, the elements necessary to bring a successful wrongful conviction lawsuit include the following:
- You were convicted of perpetrating one or more felonies and/or misdemeanors, were sentenced to time behind bars, and served at least part of your jail or prison sentence.
- You were pardoned of the crime in question on the grounds of your innocence, or you were pardoned because your conviction was either reversed or vacated, and the original accusation was dismissed (some other specific scenarios can also apply).
- You did not commit the crime for which you were convicted.
- Your conduct did not cause you to be convicted of the crime.
While it may take a while, an experienced lawyer can help you navigate—and win—a trial or settlement if you have been wrongfully convicted.
How Much Compensation Do You Get for Being Wrongfully Convicted?
Federal law allows you to receive up to $50,000 [1] in compensation per year you were wrongfully incarcerated (up to $100,000 if you were on death row). Currently, 39 states and Washington D.C.[1] have exoneree compensation laws on the books. While maximum payouts vary by state, many align with the federal statute.
The compensation awarded is intended to cover the damages associated with a wrongful conviction, including, but not limited to, the loss/deterioration of:
- Property and assets that belonged to you prior to your conviction.
- Important relationships in your life, including with your spouse and children.
- Social status and reputation you enjoyed pre-conviction.
- The career you built before incarceration.
- Opportunities for gainful employment post-exoneration.
- Physical and mental health because of prison time.
A wrongful conviction settlement is an offer made by the state before the jury announces its verdict in the wrongful conviction case. This compensation is intended to address the time you lost to incarceration, the financial damages you suffered, and the pain and suffering you endured.
If no settlement is reached, the jury will make the final determination, and if you prevail, the court will typically award you the amount handed down by the jury.
When It Makes Sense to Look into a Wrongful Conviction Lawsuit Loan
Unfortunately, wrongful convictions have a way of leaving people with significant financial problems. A criminal case and subsequent conviction can often result in the loss of a job and the significant depletion of assets. In fact, many people who have been wrongfully convicted have trouble meeting their basic financial needs.
This is where pre-settlement funding comes into play. You receive the funds you need to pay your bills as a cash advance of your anticipated settlement. Then, if you win your case, you repay the advance with a portion of your settlement proceeds. If you don’t win, you don’t have to repay the pre-settlement funding company.
You may be wondering how you can use litigation funding. It is meant to help you cover your day-to-day expenses during the period that your case is pending. In many cases, litigation funding is used to prevent foreclosure or eviction, ensuring that people who were wrongfully convicted do not lose their homes or other important assets.
Think You Have a Case?
Call us toll-free at (877) USClaims to speak with a friendly funding specialist today.
Wrongful Conviction Settlement Process
Getting the compensation you deserve from a wrongful conviction lawsuit can be a long and complicated process. Here are the general steps you need to take:
- Hire an attorney. These are complex cases that are best handled by a lawyer who specializes in wrongful convictions. An experienced lawyer can help a victim obtain just compensation for the terrible wrong resulting from a wrongful conviction. Plus, you need a lawyer to secure pre-settlement funding.
- File your lawsuit. If you’re in a state that provides payouts to exonerees, file a state compensation claim. Otherwise, file a federal civil rights case.
- Build your case. Work with your lawyer to gather evidence proving the misconduct that caused your wrongful conviction (if applicable), the damages you incurred due to your conviction, and other relevant case details.
- Obtain a wrongful conviction lawsuit loan. The pre-settlement funding process is fast, putting the cash you need in your pocket so you have one less worry while you deal with your case.
- Negotiate a settlement. Your attorney can advocate for a fair compensation amount on your behalf.
- Go to trial. If no settlement is reached, your case will go to trial and a jury will decide whether you were wrongfully convicted and, if so, how much you should be compensated.
- Receive your award. At the conclusion of your case, you’ll finally get the compensation you deserve so you can focus on rebuilding your life.
Benefits of Getting a Wrongful Conviction Lawsuit Loan
A wrongful conviction lawsuit loan has many benefits. Here are some of the most significant perks:
Helps Make Ends Meet
When you get out of prison, your bills will pile up long before your case is settled. If you struggle to find a job, you may have serious trouble making ends meet without using credit cards or taking on other expensive debt.
Pre-settlement funding can help you pay your creditors on time. That way, you don’t have to dig yourself into a financial hole or ruin your credit score.
USClaims provides funding from $500 to $1,000,000, so you can stress less about paying your bills on time.
Gives You More Time to Wait for a Fair Settlement
If your case drags on longer than expected, you may be tempted to agree to an insultingly low settlement deal just to get some money in your bank account. Obtaining pre-settlement funding reduces financial urgency and empowers you to wait for the compensation amount you deserve.
No Risk if You Lose Your Case
Pre-settlement funding is nonrecourse, which means you won’t have to repay the cash advance unless you win your case. Plus, you’ll never owe more than twice the amount of your advance, so you’ll get to keep more of your settlement.
No Restrictions on How Funds Are Used
Lawsuit loans from USClaims can be used for any purpose you deem necessary. For example, you might use the cash to cover your:
- Mortgage or rent
- Utility bills
- Groceries
- Insurance premiums
- Minimum debt payments
- Transportation-related expenses
We’ll never ask you for receipts or a log of how you spent the money. Once the funds hit your bank account, it’s entirely up to you how you use them.
No Monthly Payments
Pre-settlement funding isn’t a traditional loan, which means you won’t have to submit monthly payments to keep your account in good standing. Instead, your attorney will send us a portion of your settlement proceeds in a lump sum after you win your case.
See How Wrongful Conviction Settlement Funding Has Helped People Like You
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Where USClaims Provides Funding
USClaims is proud to provide funding in 45 out of 50 states. Unfortunately, due to current state laws, we’re unable to assist plaintiffs in Arkansas, Kentucky, Maryland, Montana, West Virginia, and Washington, D.C.
Wrongful Conviction Settlement FAQs
What state has the most wrongful convictions?
While it’s hard to pinpoint an exact number of wrongful convictions per state, we can look at how many exonerations occur in a year to get an idea of how many people are mistakenly put behind bars. According to the Exoneration Registry, the State of Texas had the most exonerations last year, setting free 26 wrongfully convicted people.
How common are wrongful convictions?
According to the Georgia Innocence Project, roughly 5 percent of incarcerated individuals have been wrongfully convicted.
Do you get paid if you were wrongfully convicted?
You may be entitled to compensation if you were wrongfully convicted. The amount you’re eligible for depends on the jurisdiction where you file suit, how long you were incarcerated, and the damages that were incurred as a result of your wrongful conviction.
How many people are wrongfully convicted?
According to the Prison Policy Initiative, roughly 2 million people are incarcerated in the United States in 2025. If 5 percent of them were wrongfully convicted (per the Georgia Innocence Project), approximately 100,000 people should not be behind bars.
What kind of compensation can I expect if I was wrongfully convicted?
It’s important to point out that every wrongful conviction case is unique. However, federal law permits exonerees to receive up to $50,000 per year of incarceration (up to $100,000 per year if they were on death row). State laws vary but often provide similar compensation amounts.
What is the Wrongful Imprisonment Compensation Act?
The Wrongful Imparisonment Compensation Act [2] is a Michigan state statute enacted in 2016 that provides compensation to exonerees. Those wrongfully convicted and incarcerated may be eligible to receive $50,000 per year they spent in jail.
Have Questions?
Our pre-settlement funding experts will walk you through our entire process.
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 nonrecourse nature of pre-settlement funding.
Sources
- “Compensation for Exonerees.” The National Registry of Exonerations. March 2023. https://exonerationregistry.org/sites/exonerationregistry.org/files/documents/Compensation%20Primer.pdf
- “Wrongful Imprisonment Compensation Act.” Act 343 of 2016. Michigan Legislature. https://www.legislature.mi.gov/(S(lf0neh3ltdxrzvimdch22om4))/documents/mcl/pdf/mcl-Act-343-of-2016.pdf
