Litigation Funding
offers financial resources to plaintiffs that are the victims
of personal injury by the negligent acts of another. It is simple
reality in the United States legal system that financial strength
plays a significant role in the ultimate settlement or judgment
amount of legal claims. Fortunately there are litigation funding
companies that offer funding services to Plaintiffs which can
help level the playing field with deep pocketed defendants.
Litigation Funding is offered to plaintiffs with a legitimate
legal claim, however, there are no credit checks or income verifications.
The funding company advances cash to the Plaintiff in return for
a portion of their potential legal claim proceeds. If the legal
claim is successful then the litigation funding company receives
their capital back plus fees, however, if the case is lost for
any reason, the plaintiff keeps the money without obligation to
repay the funding company. This type of contingent advance is
not a loan but rather an investment which is speculative and repayable
only upon some unknown and contingent event. In fact, it is very
similar to the fee that a Personal Injury attorney charges its
clients.
It is clear that large insurance carriers for defendants in personal
injury cases will make low ball offers to see how desperate a
plaintiff may be. They are using their financial superiority in
hopes of achieving a settlement amount that is lower than the
ultimate value of the plaintiffs claim. It seems to be a game
of cat and mouse in which the cat represents the defendants insurance
carrier and the mouse represents plaintiff.
It is important to note that Litigation Funding can be considered
as a form of insurance against a potential loss in the legal claim.
In other words, the plaintiff receives a financial guarantee that
they will receive a financial recovery regardless of the outcome
of the legal claim. If there is no financial recovery from the
legal claim then the plaintiff will still obtain a financial recovery
from the claim by keeping the cash advance received from the litigation
funding company without obligation to repay any amount. If, however,
the legal claim is successful, the plaintiff is only obligated
to repay the cash advance they received plus fees. Regardless
of the outcome, a plaintiff is guaranteed a financial recovery
and that is assurance or insurance no matter how you look at it.
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