How to Borrow Money from a Lawsuit: A Complete Guide
Lawsuit plaintiffs are generally happy to learn they can borrow money from their lawsuits to cover expenses while they wait for settlement. Lawsuit funding, also known as pre-settlement funding or legal funding, allows plaintiffs to access a portion of their expected settlement in advance. In this post, we examine the question: “Can I borrow money from my lawsuit” and discuss the process, benefits, and things to consider while entertaining lawsuit funding as a possible liquidity solution.
What Is Lawsuit Funding?
Lawsuit funding is a specialty financial transaction where cash is advanced to plaintiffs in pending lawsuits. Unlike traditional loans, lawsuit advances are non-recourse, meaning the advance is only repaid if the case is successful.

This unique feature of legal funding is based on their structure. Legal funding is the sale of property rights in future compensation. Lawsuit loan companies purchase part of the recovery ahead of time. If the lawsuit is lost, what was purchased is essentially worthless. Thus, no repayment is required.
Lawsuit Funding Costs
Lawsuit loan repayment amounts utilize lawsuit loan percentage rates and depend on the amount of time which elapses between the date of funding and disbursement. The longer the case takes to resolve, the higher the repayment becomes. Due to the increase in risk, lawsuit funding companies “charge” a larger percentage (as calculated on the contract amount) than would otherwise be available on other traditional loan products. Generally, plaintiffs can expect to pay 36-40% on the contract amount every year until the case’s resolution.
Who Can Borrow Money from a Lawsuit?
Not all cases qualify for lawsuit funding. Typically, plaintiffs involved in personal injury lawsuits, wrongful death claims, medical malpractice, or employment disputes can apply. Review of a list of lawsuit loan case types might be helpful to the curious.
Lawsuit Loan Approvals
The strength of the case and the likelihood of winning a settlement play a crucial role in determining lawsuit loan eligibility. Other factors include:
- Representation by counsel
- Attorney participation in the lawsuit loan process
- Signing of a lawsuit loan agreement
Lawsuit Loan Process
The lawsuit loan process is fairly simple and straightforward. Legal funding can also be quick. Since many clients are in need of immediate funds, legal funding companies streamline their approaches to accommodate their clients’ needs.
- Application – it all begins with an application where legal funding professionals ask and clients answer specific questions about the claim/lawsuit.
- Chasing the Documents – once a client’s case is pre-qualified, staff requests various documents regarding liability, insurance coverage and damages.
- Underwriting – legal funding underwriting is tasked to evaluate the case’s likelihood of success. Underwriters review the provided documents, contact the representing attorney and make a decision based upon their findings.
- Document Execution – when approved, clients receive a contract for their review. Once signed by the plaintiff and their counsel, the application is moved to funding.
- Funding – executed documents are received and funds are sent via overnight delivery or electronic funds transfer (EFT).
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How to Borrow Money from a Lawsuit
The steps on how to borrow money from a lawsuit are as follows:
- Find a Lawsuit Funding Company – Research different funding companies to ensure they are transparent and have reasonable terms. Reputable lawsuit funding companies will always be transparent about the cost of funding.
- Apply for Pre-Settlement Funding – Submit an application online or over the phone with details about your case.
- Case Evaluation – The funding company will review your lawsuit and consult with your attorney to determine the strength of your claim.
- Approval and Funding – If approved, you’ll receive a cash advance, typically within 24-48 hours.
- Repayment – You only repay the advance if you win your case. The repayment is deducted from your settlement amount.
Benefits of Borrowing Money from a Lawsuit
Borrowing money from a lawsuit yields the following benefits:
- Immediate financial relief – lawsuit funding helps cover living expenses, medical bills, and/or any other pressing financial concern.
- Risk free – legal funding allows plaintiffs to partially transfer the risk of loss to a funding company since the advance is not repaid if the case is lost.
- Flexible use of funds – there are no restrictions on the use of legal funding. The money is yours to use as you see fit.
Things to Consider Before You Borrow Money from a Lawsuit
Legal funding opponents often state lawsuit loans are predatory. That is, since legal funding terms are different than personal loans, they take advantage of desperate plaintiffs. Lawsuit loan criticisms are generally voiced not from plaintiffs themselves, who willingly enter into these transactions, but from parties who are indirectly affected. These might include insurers or defense attorneys who use their financial position as leverage, forcing plaintiffs to often accept “low ball” settlement offers simply to avoid immediate financial discomfort.
As discussed above however, lawsuit funding and personal loans are entirely different financial products. As such, some things to consider naturally arise. Some perceived lawsuit loan disadvantages can be:
- Lawsuit loans can be expensive, especially if cases drag on longer than anticipated.
- Some plaintiffs may borrow more than they truly need, forgetting that the repayment amount will come directly out of their settlement.
- Lawsuit loans are repaid from the final recovery amount. This reduces the amount a plaintiff ultimately receives.
- Lawsuit loans are generally unregulated.
- Not all cases qualify.
Can You Borrow Money From a Lawsuit?
The short answer is yes, but hopefully this post helps in understanding the true place legal funding has in the legal landscape. If you need financial support during a legal battle, borrowing money from a lawsuit can be a viable option. However, it’s essential to understand the costs and choose a trusted funding company. Always consult with your attorney before making a decision.
By carefully considering your options, you can make an informed choice that supports your financial well-being while you wait for your settlement.
Thank you for your interest in Fair Rate Funding.
