Tag Archives: pre=settlement funding

Why some plaintiffs accept low settlements

It’s common for plaintiffs to begin their lawsuit enthusiastically and then, by the end, feel as though they are running on fumes. There are many factors that my lead a plaintiff to accept a lower offer than they feel is fair, but obtaining lawsuit funding can help prevent this. The main reasons that plaintiffs accept these lower offers include:

They are suffering from lost wages. Many plaintiffs pursue legal action because of workplace related incidents such as injuries, sexual harassment, and wrongful termination, among others, and are no longer working for the company. In many cases, finding re-employment can be difficult and the plaintiff could struggle to make ends meet until the settlement is reached. Plaintiffs need to understand just how long they might have to wait for their settlement and need to have a plan to make ends meet in the meantime without a steady paycheck. These lost wages cause many plaintiffs to accept lower offers than what they deserve.

They have loans to repay. If a traditional loan is used for funding, then plaintiffs could run into repayment issues because they may not have their settlement available when the payments are expected. Lawsuits can drag on for years, but banks won’t be waiting patiently. Some plaintiffs accept low settlement offers because they need it to repay the loan that they used while awaiting their settlement and any interest accumulated along the way. Lawsuit loans are tailored for plaintiffs, and so repayment is expected after settlement. There won’t be any stressing over having to make a payment before you’re ready.

They have pressing bills. While executing their lawsuit, plaintiffs must make car payments, mortgage payments, deal with family expenses, and any other household expenses that are expected of them even when they aren’t anticipating a lawsuit settlement. On top of that, they may have medical bills if their lawsuit is injury related. When they have creditors on their backs, plaintiffs are more likely to accept a lower offer than what they were hoping for. Obtaining presettlement funding can provide plaintiffs with a way to pay these bills and keep fighting for a fair settlement.

The legal process is too stressful. Along with the financial strain, plaintiffs can experience physical and emotional exhaustion during the lawsuit. They’ll have to spend a lot of time not only in court but preparing for it. The defense might pry into the plaintiff’s private life and try to make things more stressful for the plaintiff because they know that lawsuits can wear on the plaintiff. Some plaintiffs feel so bogged down by the legal process that they accept a low offer just so that the ordeal is over. While lawsuit loans can’t make this exhaustion disappear, having a stable financial life can make plaintiffs feel less weighted so that they can save their energy for the courtroom.

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.

Why some workplace related lawsuit plaintiffs struggle, and how lawsuit loans can help

The plaintiffs of workplace related lawsuits are in a special situation because if they aren’t receiving a steady source of income, fighting a legal battle can become difficult. The plaintiff is most likely not being paid wages by the defendant during the lawsuit and this can put a real strain on the plaintiff because executing a lawsuit requires adequate funding. Here’s some financial traps that a lot of these plaintiffs fall into, and how lawsuit loans can help:

1. They might struggle to obtain a personal loan because they aren’t employed. These kinds of plaintiffs don’t have any income because of the incident that resulted in the lawsuit. In order to execute this lawsuit, they need a source of income to support themselves while they wait for a settlement to be reached. However, in order to get this funding, they must pass a credit check and may be denied the loan if they aren’t employed. Sadly, many lawsuits fall through because the plaintiff couldn’t get together funding or they’re forced into taking a lower offer than they were hoping for because of mounting debts. When plaintiffs take out a lawsuit loan, they are borrowing from their future settlement. Lawsuit loan applications mostly concern themselves with the details of the case and not the plaintiff’s financial history or employment.

2. They might not be able to find another job while they wait for their settlement. The plaintiff could be unable to find a new job if they’re injured or may have trouble finding an employer that isn’t intimidated by the plaintiff’s legal battle— in an already tough job market. Many employers won’t want to work around a plaintiff’s court schedule and if they do, the plaintiff has to deal with all of those lost hours spent in the courtroom instead of the workroom. A lot of times it’s just easier to hire an applicant with no legal baggage instead. This can be frustrating for plaintiffs who are relying on this source of income to support themselves during the lawsuit. Many plaintiffs in this situation find that lawsuit loans provide a lawsuit funding solution to help them get by while they await their settlement.

3. The defendants are typically larger companies with the time and the resources to drag out the case. Workplace injury and wrongful termination cases are fought against companies who can afford the best lawyers—they may even have their own legal team—and can also afford to drag the case out for a long time. These defendants are in a completely different financial situation that gives them a legal edge. They may have even fought similar lawsuits in the past and won. Plaintiffs need to not let themselves get intimidated by the resources of large companies and know that they have resources of their own to rely on. Using a lawsuit loan can take away the defendant’s legal edge and allow the plaintiff to fight the legal battle longer and get the settlement that they deserve.

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.

Financial Roadblocks That Lawsuit Loans Help Plaintiffs Avoid

A lot of things could go wrong during a lawsuit for the plaintiff, but one of the easiest to avoid is problems with their finances. Lawsuit loans can help plaintiffs avoid a number of financial roadblocks, including:

Foreclosure and Evictions. Many plaintiffs suffer from lost wages due to wrongful termination, injury, or other reasons pertaining to their lawsuit. But before a settlement is reached, these plaintiffs are still expected to pay everyday expenses like rent. If the plaintiff isn’t receiving a regular income, this can become a struggle. Things like insurance can sometimes help, but even that isn’t always enough, meaning some plaintiffs could experience foreclosure or eviction before receiving their settlement. This often forces plaintiffs to accept lower offers rather than taking the time to keep the legal battle going. Lawsuit loans can help plaintiffs make these payments and avoid drastic measures like eviction or foreclosure.

Losing collateral. With other forms of borrowing, plaintiffs must offer some sort of collateral, such as a house or a car, in order to get the loan. But if you get behind on payments, then you could end up losing your collateral. This would lead to even more financial strain, as many people depend on their car to make it to work, and the pain of losing a house doesn’t need to be explained. When you take out a lawsuit loan, the case is the collateral.

Mounting interest rates and inconvenient payment schedules. The problem with personal loans and credit cards is that you can’t be sure how long your lawsuit will last. The longer the lawsuit lasts, the longer you’ll have to wait to pay the loan, which means that the interest is just adding up. Even worse, banks or other lending institutions might require a payment before the lawsuit concludes and a settlement is received. Would you be able to make a payment without your settlement? With lawsuit loans, you’ll know beforehand exactly what fees you’ll be paying, and payment is required at the time of the settlement.

Credit and Employment Checks. Banks and other lending institutions will go through your financial history when considering your loan application. If you have bad credit and/or aren’t currently employed, it can get difficult to get banks to lend to you for manageable interest rates. Applicants for presettlement funding are judged base on the strength of their case, not their financial history. This means no embarrassing credit checks.

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.

Lawsuit Loans Explained

Lawsuit loans, also referred to in term as lawsuit funding, is the process of a firm providing a given plaintiff an advance amount of an anticipated settlement for a lawsuit. Additional references that lawsuit loans often go by, are pre-settlement loans, pre-settlement funding, legal funding, or lawsuit cash advances. It is common practice for individuals or even companies to require lawsuit funding or lawsuit loans to take on both large or small cases.

Legal funding is not like any other loan that is common in the bank or funding world. It does not require collateral, so your home, car, boat, etc. do not need to be put forward to receive such funding. Also, in most cases, the lawsuit loan is only paid back if the trial or settlement ends in success. Then the pre-settlement funds are re-paid, often atop a fee for loan.

A lawsuit can take anywhere from months to years for a settlement to occur. If a victim is injured from the claim, they may already have large sums of costs in medical damages, and unpaid time away from work. Most times, lawsuits can also require a great deal of upfront funding to pay for attorney costs, documentation, and additional childcare services.

A lawsuit loan can give a plaintiff a lift from the financial burdens an injury, a claim and all of its existing upfront repercussions. In having the money necessary to file the necessary claim, it often gives a victim the chance to get financial and emotional grievances due. In cases where plaintiffs may not opt to accept a lawsuit loan, they may have to settle for a far lesser value than was owed to them, leaving them in debt, and in settlement for a low and unfair amount.

There are a few common steps to apply for lawsuit funding, or pre-settlement funding. There is often an application that needs to be completed before anything. This application will ask for not only your contact information, but also a full description of the case. This can sometimes be handled over the phone, if you choose to speak to a legal funding company. It is truly dependent on the company itself.

The company often also asks for a release document, and possibly another signed document or two. The entire process can take between twenty-four and forty-eight hours, dependent on the company. After all documentation and application forms, etc. have been received, the funding company will take time to review them. Within a short amount of time the lawsuit funding company will bring forth an offer for the victim, as to how much they will fund, as well as how much the fee will cost when the suit is settled.

Each victim has particular needs regarding funds and their suit. A legal funding company can determine what amounts are necessary for each case. Lawsuit funding as a process is actually quite simple, and can back your suit so you are able to fight for the settlements you deserve.

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: http://www.smpadvance.com