How a plaintiff’s finances could make or break their case

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Legal strategy is complicated, but something that can be known for sure is that it is important for plaintiffs to remain financially stable during their court case. A few ways that financial struggle can affect plaintiffs:

While the lawsuit is in progress, the plaintiff’s financial responsibilities don’t pause and wait for a time that’s financially convenient. The plaintiff must still maintain a standard of living by paying their mortgage, car payments, and other necessities of life along with any medical or repair bills resulting from the incident. If the plaintiff can’t make these payments and suffers from repossession, eviction, or another debt recollection method, then fighting a lawsuit becomes difficult. The struggle of personal responsibilities can take focus away from the plaintiff’s case—they must still make court dates and time for court preparation, make meetings with their lawyer, and other legal responsibilities.

The plaintiff could feel pressured to settle. If the plaintiff is struggling to pay these bills, then they may feel pressure to settle sooner than they would have liked. With debt collectors on their back and bills stacking up, accepting a low settlement just to be able to make payments right away becomes tempting. This is a common situation, since it is actually a defense strategy to stall a lawsuit in order to run the plaintiff dry, especially if the defendant is a group, like a company or organization, with a bigger legal budget than the individual plaintiff—it is often cheaper to stall a lawsuit than to pay a fair settlement. Financial stability is not only essential to the plaintiff’s ability to fight a lawsuit, but it could also be seen as a smart legal strategy.

The reason why so many plaintiffs struggle with finances during a lawsuit is that many are out of work due to an injury or another workplace related incident and suffer from lost wages. Or, even if they are working, they may be struggling with both their personal and legal responsibilities. An option available, one designed specifically for plaintiffs, is the lawsuit loan. A lawsuit loan is an advance on a plaintiff’s settlement that allows a plaintiff to use their settlement during the lawsuit. And, as previously stated, it could actually help the plaintiff win a fair settlement, since it takes the pressure off of settling early. There is a simple, fast application, so plaintiffs can get the money they need quickly and focus on their lawsuit instead of their finances.

About the Author: Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits. For more information please visit www.smpadvance.com.