What is Litigation Funding?

business economy

Litigation is a lawsuit that involves all the proceedings of legal action. Litigation is a very expensive process, and there are a number of options available to ensure you have or can obtain appropriate litigation funding. The most expensive pert of litigation is the lawyer’s fees.

In some cases, such as personal injury claims, you may be able to hire a lawyer on a contingent fee basis. This means that there is no lawyer fee unless the case is won, and any lawyer’s fees are a percentage of the win awarded. The law firm advances the litigation funding, which includes all costs of the litigation until the outcome of the case. Some clients are not able to find a lawyer who is willing to do this, or they may have a lawyer who has extra expenses. In this case, litigation funding must be found from another source.

There are many litigation funding companies that offer funding options to their clients. This type of litigation funding is most commonly known as a lawsuit loan. With this type of loan, you will be able to borrow enough money to reach the conclusion of your case, when the verdict is finally announced or a settlement is reached.

This type of litigation funding loan offers non-recourse financing. This means that if the jury finds for the defendant or the case is dismissed, you are not liable for any fees. Fees associated with this type of litigation funding are high, and you should consult with your lawyer and make sure you know the full extent of the fees before signing a contract.

Another option when obtaining your litigation funding is to apply for a personal loan. If you have a good credit history, you may be able to find a low interest unsecured loan. You should check that the interest rates are not higher than those of lawsuit loans or advances on your credit card.

Other forms of litigation funding may include using the equity on your home or borrowing from family members. Always remember to research all the ways you can receive money you are entitled to. For example, for a work related injury claim, you may qualify for workers' compensation benefits. You may also be able to receive some form of funding from social security benefits or medical plans that you have taken out. There may be money you are unaware of, but entitled to, that can go towards the cost of your litigation.

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New: Discuss this Article

Posted by: anon2380
Actually, the non-recourse funding you describe is not a loan at all, due to its non-recourse status. The funding company gives you an advance of cash. If your litigation is successful, you pay the investment back and also pay the investment fee. If, as the article states, your litigation is not successful, then you pay nothing. Calling it a loan is misleading and also brings in issues such as usury that should not apply to non-recourse advances, considering the risk undertaken by the finance company.


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