[Lawsuit Financing]The Basics of Pre-Settlement Funding

Everything You Should Know Before You Sign

Depends on 2 aspects:

First: Determine What Your

Case Is Worth

DamagesLiability

• a percentage of responsibility is assigned to the defendants for the injury

• depends upon the specifics of the case

Liability:

Determining Liability

• are financial losses a person sustains asa result of an injury, accidentor negligent action

• total damages will depend upon the severity of injury and effects on a plaintiff’s life

• can commonly include:- medical expenses- lost wages- emotional distress, mental anguish- pain & suffering

Determining Legal Damages

Damages:

According to the Bureau of Justice Statistics (2005):

• median length of 22 months to from complaint to civil trial

• trials can resolve quickly or take years depending on complexity and backlog of the courts and the type of case

• settlement funding can be delayed by a number of factors, and getting your check can take a long time

Source: http://www.bjs.gov/content/pub/pdf/pdasc05.pdf

How Long Does A Legal Case

Usually Take To Resolve?

Can I Win If I Go To Trial?

According to the Bureau of Justice Statistics (2005):

• plaintiffs won in 56% of all general civil trials concluded in state courts

• among all plaintiffs winners the median final award was $28,000

According to Bureau of Justice Statistics (2005):

• 4% of all plaintiff winners win $1M or more

• contract cases have higher median award ($35,000)

• awards in medical malpractice jury trial ($400,000) 17 times greater than median award in tort jury trials

Source: bjs.gov

Civil Trial Financial Recovery

Data

According to the Bureau of Justice Statistics (2005):

• 30%: plaintiffs received punitive damages in civil trials

• $64,000: median punitive damage

• $1M or more Damages in 13%: cases with punitive awards

• 22 months: average complaint to trial length

Source: http://www.bjs.gov/content/pub/pdf/pdasc05.pdf

Legal Suit Resolutions By

The Numbers

How Often Are Big Compensatory

Damages Awarded?

Amount of Compensatory

Damages Awarded

Number of Civil Trials Punitive Damages Sought

None 9,733 11%

$1 - $50,000 9,462 12%

$50,001 - $100,000 2,012 12%

$100,001 - $250,000 1,527 15%

$250,001 - $1M 1,347 15%

Over $1M 638 25%

[Data] Percentage of civil trials in state courts with litigations seeking punitive damages:

Source: “Punitive Damages Awards in State Courts, 2005”

Punitive Damages: By Case

Type

[Data] Plaintiff winners awarded punitive damages in civil trials in state courts (by case type), 2005:

0%

5%

10%

15%

20%

25%

Fraud Employment Unknowncontract

Buyer plaintiff Rental/lease Seller plaintiff

Case Types: contract

Seeking Punitive Damages?

[Data] Plaintiff winners awarded punitive damages in civil trials in state courts (by case types), 2005:

0%

5%

10%

15%

20%

25%

30%

35%

Medical malpractice Automobile Intentional tort Other tort Product Liability

Case Types: tort

How Often Do Plaintiffs Win?

According to the U.S. Department of Justice report:

0%

10%

20%

30%

40%

50%

60%

70%

Motor vehicle relatedincidents

Intentional tort trials Premises liabilitytrials

Product liabilities Medical malpractice

The Success Rate For Plaintiffs

Who Do Individual People

Most Commonly Sue?

According to the report (2005):

Who Individual People Sue

Number of Lawsuits What’s Their Average Award

Individuals vs. Individuals

11,224 $20,000

Individuals vs. Businesses

7,472 $80,000

Individuals vs. Government

1,546 $80,000

Individuals vs. Hospitals

1,383 $600,000

How Long Do Personal Injury

Cases Take In Court?

According to the U.S. Department of Justice report:

Personal Injury Cases(that would go to trial)

The Average Court Process Time

Tort lawsuits 23 months

Motor vehicle accidents 20 months

Medical malpractice 31 months

Premises liability 24 months

Intentional tort cases 25 months

What Is Pre-Settlement

Litigation Funding?

Pre-Settlement Litigation Funding:

• non-recourse cash advances, secured against a legal settlement or award, given to the plaintiff repaid after the lawsuit is won and the settlement funded

What Does Settlement Financing

Require of the Borrower?

Pre-Settlement Litigation Funding:

• is not a loan, in the traditional sense

• doesn’t require payments until a settlement funds

• doesn’t require repayment if you don’t receive compensation / win your case

Legal Financing Process:

As Easy As 1-2-3

With client’s permission, the lender will discuss

the case details with the client’s attorney

Case qualifies?Then funding is approved

The contracts signed.Money is funded!

1

2

3

Eligibility Requirements

• borrowers must be involved in a lawsuit and are represented by an attorney

• borrowers that have a lawsuit settlement and are awaiting payment

Does My Case Qualify For

Settlement Loan?

• applications are evaluated individually• cases which typically qualify for

settlements:

- auto accidents- personal injury cases- medical malpractice - pedestrian injury- pharmaceutical & drug injury lawsuits- product liability- premises liability- wrongful death- labor & employment disputes

The Reasons People Choose Pre-

Settlement Funding?

• allows to receive cash quickly (can help if falling behind on bills waiting on a lengthy legal process)

• there’s no risk involved• qualification is based upon the details

of your case - it’s likelihood of success • only a few eligibility requirements for

lenders (state of residence restrictions for some lenders)

• funds aren’t limitless (in general, you will not receive more than 10% of the anticipated settlement amount)

• upon winning your case the agreed amount will be deducted from your awarded settlement(in general, the rates are higher than bank loan rates)

What Drawbacks Should Be

Considered?

Have More Questions?

Have your rights been violated? For more information about your pre-settlement

finance options and to find out if you qualify for legal funding, visit here:

www.lawsuitlegal.com

Connecting people with legitimate legal claims to attorneys nationwide who can help, Lawsuit Legal

makes it simple and easy to acquire award-winning legal assistance when it's needed most.

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