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The mission of lawsuit funding companies is to provide cash now to plaintiffs who cannot afford to wait out the sometimes long and drawn out litigation process. For many litigants, lawsuit funding companies provide enough relief so they are not forced to accept a lesser settlement offer for financial reasons.

One obvious example is the severely injured plaintiff in an automobile accident whose injuries prevent him from working and being able to support himself. Although some litigants receive social benefits such as social security disability or similar programs, for many people, the amount of money received just cannot meet existing financial responsibilities.

Lawsuit funding companies are one possible solution because they can provide immediate cash to pay for any expenses. Payments for mortgage loans, car loans, utilities, food, rent, and any other expense are made possible by selling a portion of the proceeds of the lawsuit for immediate cash.

lawsuit funding companies

Again, the idea is that by providing financial liquidity, a plaintiff is able to meet immediate financial obligations so that the case can be pursued to its proper conclusion.

But can lawsuit funding companies meet this need in all circumstances?

Meeting The Mission with Heavy Lawsuits

The financial needs of litigants are pretty similar. Each of us, including plaintiffs, face financial obligations each and every month. Living expenses, car payments, food, shelter and the like are all routine financial transactions for citizens. For personal injury plaintiffs, meeting these needs can sometimes be a challenge. Lawsuit funding companies try to alleviate some of this financial pressure.

The type of lawsuit however may change the ability of lawsuit funding companies to meet their objectives and help their clients.

For example, funding catastrophic injuries are rarely a problem. This is true because enough money can be safely advanced to these clients because of the lawsuit’s high potential settlement value. A client with a million dollar lawsuit, who receives $100,000 in settlement funding, will most likely be able to meet basic expenses for a good while.

Missing the Mark with Smaller Cases?

Funding a soft tissue case or a lawsuit with significantly less severe injuries poses a subtle twist in the analysis.

Although settlement loans on personal injury lawsuits involving soft tissue injuries do provide financial relief, the condition is temporary. That is, it is unlikely any soft tissue lawsuit will yield a settlement value that would permanently change the litigant’s life. The vast majority of these cases are settled for less than $15,000 which means the client at best will NET $10,000 for pain and suffering.

The point is that obtaining a small lawsuit cash advance will not allow the client to hang on until a more fair settlement is obtained. By their very nature, soft tissue injuries are less severe. Those suffering from whiplash type injuries often still go to work and maintain their regular standard of living.

In these instances, lawsuit funding companies fail to live up to their mission – allowing plaintiffs the financial wherewithal to endure the litigation process. Instead, funding of smaller amounts simply offer a temporary fix for plaintiffs’ financial woes. Expenses are still expenses however, and perhaps a little financial relief is better than no financial relief at all.

Freedom of Choice

Ultimately, it is up to the consumer (litigant) to allow lawsuit funding companies to provide this service. Plaintiffs should consider themselves fortunate to have the OPTION to secure financial relief through this medium. Lawsuit funding companies should also be grateful a free market system allows for creative solutions to existing needs in the marketplace.

Thank you for your interest in the settlement loan business.

Lawsuit Funding NJ of Soft Tissue Cases

At Fair Rate Funding, we process over one thousand inquiries each month. Our clients request funding amounts ranging from $1,000 to $400,000. Also, we routinely receive applications for lawsuit funding amounts of less than $1,000. Although some plaintiffs with “heavy” cases may only need a few bucks, the majority of our clients who are approved for less than $1,000 are involved in personal injury lawsuits with “soft tissue” injuries. Thus, if you live in NJ, these applications are for New Jersey soft tissue funding.

Defining Soft Tissue in New Jersey

How to define a soft tissue case has changed considerable throughout the years. The term was originally used to describe “whiplash” type of injuries sustained in personal injury lawsuits such as automobile accidents. Soft tissue was used to describe an injury which only involved muscles, flesh and body tissue such as a bruise, sprain or muscle spasm. When comparing this type of injury with tears to ligaments, bone fractures, or other more severe conditions, soft tissue injuries were so categorized so as to minimize their severity.

The use of imaging equipment such as x-rays, MRI’s and CT Scanners, increased the accuracy in which injuries are diagnosed. Conditions such as ligament tears, herniated discs between the vertebrae, fractures and other conditions are all objectively seen by doctors, lawyers and insurance companies through the use of these incredible machines.

In response, insurance companies took the liberty to label injuries without objective evidence (e.g. a positive x-ray for fracture) of injury as “soft tissue” injuries. Generally, and as it pertains to orthopedic injuries, a “soft tissue” injury became defined as injuries where no abnormalities are found on any objective imaging study.

Redefining “Soft Tissue”?

As stated above, a soft tissue injury historically meant an injury involving the muscles and excluding more severe injuries such as those that can be seen on an imaging study like an MRI. Over the years, insurance companies and their attorneys tried to expand this definition. Currently, defense attorneys and their clients routinely attempt to include such positive findings disc bulging and/or herniations into the ‘soft tissue’ definition. The argument being that even though it comes up on the study, the injury is not severe.

For example, in no-fault auto insurance states such as New Jersey and New York, a positive finding of disc bulging in an MRI met the “objective evidence of injury” test in the past. Presently, defense attorneys attempt to remove injuries with these types of findings from the pool of compensable injuries. In many instances, this endeavor has been successful with many local judges dismissing cases despite positive diagnostic findings.

This is particularly troublesome for personal injury lawsuits with limited injuries and treatment since dismissing a case removes the prospect of trying the case before a jury. Instead, plaintiffs and their attorneys must weigh the cost of fighting the dismissal on appeal with any expected settlement. In some instances, appealing a dismissal is simply not worth the additional time and effort.

What to Expect When Applying for New Jersey Soft Tissue Funding

Because there is more limitation on these painful injuries, lawsuit funding operations must adjust their approach to help mitigate the additional risk.

One such adjustment is to eliminate the funding of soft tissue cases altogether. Many lawsuit settlement funding businesses simply do not consider personal injury lawsuits involving slip and falls, or other premises liability injuries, without a surgery. Some lawsuit funding companies only consider automobile cases which have a positive finding of abnormality on a MRI or CT Scan and some additional treatment such as extensive physical therapy, if there is no surgical intervention involved.

Another adjustment might be limiting the settlement loan amount. When approved, NJ soft tissue funding generally involve $1,000 or less.

The mission of lawsuit funding as an industry is to provide financial relief to those unfortunate plaintiffs who face financial pressure while their lawsuit is pursued in the court system. Applicants often request small amounts of funding against their lawsuit, regardless of the severity of their injury. Small lawsuit funding amounts satisfy this mission as well provided the risk in providing them is adequately calculated.

Thanks you for your interest in New Jersey soft tissue funding.

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Lawsuit Funding Companies – Meeting the Mission

lawsuit funding companies

Lawsuit Funding NJ of Soft Tissue Cases

Defining Soft Tissue in New Jersey

Redefining “Soft Tissue”?

What to Expect When Applying for New Jersey Soft Tissue Funding