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Both Law Firms and Plaintiffs Benefit from the Expanding Consumer Legal Funding Industry

The following piece is a contribution by Charles W. Price, CEO of Capital Now Funding, LLC. 

The following scenario was once all too common – plaintiffs injured in an accident, waiting impatiently for a complex lawsuit to settle. With the clock ticking and the plaintiff often unable to work, there was little they could do except wait for the phone to ring while medical and other bills kept piling up. Meanwhile, their attorneys must candidly tell them that it will be weeks to months or years before they might receive their settlement money.

Faced with this situation, it was not at all surprising that clients grew increasingly frustrated, gradually giving way to worry, fear and anxiety. And dealing with this level of stress, plaintiffs were capable of placing unneeded pressure on their attorneys to settle before the legal process had fully played out. Attorneys, who naturally want to get the best possible settlement for their clients, were often faced with having to settle prematurely even though they knew that a much better resolution could soon be reached.

Fortunately, a better solution has emerged in recent years that meets the needs of all parties – Consumer Legal Funding. Consumer Legal Funding is often mislabeled and referred to as a pre-settlement loan or a loan against a lawsuit, but it is not technically a loan. Consumer Legal Funding is legal funding that is advanced from a portion of the consumer’s future settlement proceeds. As defined by Eric Schuller with the Alliance for Responsible Consumer Legal Funding, providing a client with consumer legal funding is merely the purchase of an asset – a portion of the consumer’s future settlement proceeds. In essence, plaintiffs are borrowing from their own future settlement funds.

How Do All Parties Benefit?

The real story of consumer legal funding is best viewed in light of the benefits it provides. For the plaintiffs, the benefits include:

  • Immediate, much-needed financial assistance to pay medical, housing and living expenses while their legal claim is in process
  • Zero to no risk to the consumer, since consumer legal funding is non-recourse (which means that if the plaintiff loses the case, they do not have to pay the funding company back)
  • Better relationships with their attorneys, as attorneys generally play a positive role in approving consumer legal funding
  • Avoids the need to turn to other, riskier forms of borrowing, which may result in unnecessary debt
  • Plaintiffs are in a much better position to receive the best possible legal settlement

For attorneys representing the plaintiffs, the benefits include:

  • Reduced pressure to settle a case too soon and accept a settlement that is less than deserved
  • Adequate time to get the best possible outcome for clients
  • Immediate relief for plaintiff clients struggling with bill payments when they may be unable to work due to accident injuries
  • Better relationships with their clients, who need the legal funding as well as the added time for the attorney to properly settle their case
  • Improved communications with their clients during the course of the case, as clients who are under less financial pressure will make for a better settlement outcome
  • More favorable attorney reviews and increased referrals from happier clients

Understanding The Basics of Consumer Legal Funding

Once you know how the consumer legal funding process works, it’s easy to see what a valuable solution it is for both plaintiffs and attorneys.

Pre-settlement legal funding is a great description of this funding, because the funding company actually provides funds to a plaintiff prior to the legal settlement of their case. The pre-settlement funds are usually taken from the portion of the total funds that will be dispersed at the time the case is settled. Pre-settlement funds are intended to help a plaintiff cover medical and living expenses until the case settles and settlement funds are received.

But it all begins with the attorneys.

Why Law Firms Should Be Involved In The Process

It is essential for the law firm to approve the funding amount given to the plaintiff, as the attorney must confirm that the case is legitimate and has a strong likelihood of being settled favorably. This approval by the attorney is the signal for the funding company that the plaintiff’s case is deserving of legal funding. Pre-settlement funds do not have to be repaid if the plaintiff were to lose the case. Most often, when the plaintiff wins or favorably settles their case, the attorney will repay the pre-settlement amount to the funding company out of the settlement funds at the time the case is settled.

Clearly, providing plaintiffs with the ability to receive financial assistance while their legal claim is in process is a benefit when they have nowhere else to turn and no other assets of significance to leverage for capital.

As The Consumer Legal Funding Industry Has Evolved, It Has Greatly Improved

In the past, some attorneys may have been hesitant to recommend pre-settlement funding for their clients because they may have been concerned over the perception of getting involved in the process, or worried about it from an ethics compliance standpoint. However, over recent years, bar associations and state licensing agencies have upheld, and now agree, that pre-settlement legal funding is a highly beneficial product.

Additionally, in the past, when there were not a lot of options for pre-settlement legal funding companies, clients may have been charged unnecessarily high fees and interest on funds with an indefinite payback period. As a result, if the case went on longer than expected, the client could be left with a payoff that was more than their settlement.

This just isn’t the case any longer. As the industry has matured and evolved, products and options have improved. States have implemented laws regulating the amount of fees that can be charged by pre-settlement funding companies and have required increased disclosure and transparency.

Additionally, the fees being charged have become more competitive, and companies like Capital Now Funding have joined the industry who are dedicated to providing fully transparent payoffs that are fixed for the life of the case with zero interest.

What is most essential in order to benefit the consumer is that law firms have access to legal funding companies they trust and can recommend to their clients. It is important that the attorney helps their client properly evaluate the funding company. Always look for a legal funding company with positive reviews, and one that is forthcoming about its fee structure.

Everyone Wins

As an attorney or law firm, you’re only going to see the benefits of pre-settlement funding if you choose the right consumer legal funding provider. Different providers have different terms and conditions, different fees and interest rates, and different levels of service and communication. Make sure you choose a good fit for you and your clients’ needs.

About the Author

Charles W. Price is Chief Executive Officer of Capital Now Funding, LLC, a nationwide provider of pre-settlement funding for personal injury cases. Capital Now Funding provides industry leading Fixed Fee funding with zero interest, which protects clients and preserves their ultimate settlement amount. For more information, you can contact Charles at cwprice@capitalnowfunding.com.

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Legal-Bay Announces Judge’s Intent to Upend $38MM Sex Abuse Valuation in New Hampshire YDC Case

Legal-Bay, The Pre Settlement Funding Company, announced today that a New Hampshire court has just tossed out an initial $38 million award in favor of a paltry $475k payout even the presiding judge is calling "an unconscionable miscarriage of justice."

Plaintiff David Meehan originally filed suit for the 100+ sexual abuse violations he suffered as a minor at a youth detention center in the 1990s. It turns out, he wasn't the only victim. The case has garnered tremendous headlines for the egregious abuses inflicted upon underage boys and girls at that facility for years. As the whistleblower, Meehan was in a unique position to help subsequent victims who came forward with their own claims of abuse, the first of many to testify. One can only imagine the bravery it must have taken to recount in graphic detail the sexual misconduct he endured as a minor. While the case played out online and through the media, the opinion that mattered most was the jury's; they found Meehan credible enough to award him $38 million, citing personal injury and punitive damages.

However, the jury instructions were not clear, and a technicality has now ensued: According to the verdict sheet, the jurors only listed "1 incident" on the jury form returned to the court after deliberations. Meehan's lawyers, Rus Rilee and David Vicinanzo, had argued off the record that there needed to be more clarity to jurors, but to no avail. State law dictates that $475K is the cap per incident.

After hearing of the state's assertion that the verdict was going to be revised down to $475k, several jurors reached out to Rilee to explain themselves regarding the misunderstanding and their intentions. They felt horrible about the lowered settlement amount and expressed how misinformed they were about the jury instructions in the case. Even the judge in a post-trial order felt the weight of the evidence reflected more than purely a lone incident. (Jurors have clarified post-trial that they meant one ongoing incident of PTSD from the abuse, and not one instance of the abuse itself, because clearly, they all believed his account of how he'd been raped multiple times on numerous occasions.)  

Chris Janish, CEO of Legal Bay, commented, "Legal-Bay has been one of the only companies who has been funding YDC cases since the start. So, with full disclosure, it is without question that we have a vested interest in seeing the plaintiffs prevail. However, aside from our personal belief in the veracity of the claims made, this new verdict is one of the gravest civil injustices our company has witnessed in almost twenty years of doing business. David Meehan was the first to report the abuse and win his case at trial, and now others stand to reap more from his courageous efforts than he will. We understand the state's motivation to protect its taxpayers to some extent, but something just seems amiss here. We are optimistic that the civil justice system and politicians who support their local constituents will work out a more reasonable resolution whether through the courts or otherwise. And we hope that not only Meehan, but all the victims will get justice for the atrocities that occurred in the youth detention centers of New Hampshire and across the nation. That seems to be lost on the defense team and state's position throughout all this, which is disappointing."

If you're a lawyer or plaintiff involved in an active sexual abuse lawsuit of any kind and need an immediate cash advance against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Legal Bay reports that the New Hampshire YDC litigation has over 1400 cases filed to date. When Legal Bay began funding early on—when no other company would—there were just eight plaintiffs. The company says the other victims have David Meehan and Rus Rilee to thank for their courage to take on the state in what has become one of the most egregious criminal and civil violations of children's rights in U.S. History. 

Whatever the ultimate resolution, YDC cases in N.H. look to be winding down. But that is not the situation in many other litigations nationwide. There are tens of thousands of plaintiffs awaiting justice in many youth detention center cases across the country, as well as other similar litigations that will take time to resolve. Some of them include Mac Hall and foster home sex abuse cases in Los Angeles, CA, southern California clergy cases, New York and New Jersey Catholic Diocese church lawsuits, Boy Scouts of America sexual abuse cases, sex abuse at youth correctional facilities, at sports facilities, and by coaches, camp counselors, teachers, and sadly, many more.

YDC is not an isolated problem. Childhood sexual abuse litigations all over the country are emerging, and the psychological damage caused by so many is beyond what everyday society can even comprehend. Legal Bay is at the forefront of each and every one of these litigations, doing their best to support the victims to get their lives back in order and help them receive justice.

If you're a lawyer or plaintiff involved in an active sexual abuse lawsuit of any kind and need an immediate cash advance against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Settlement amounts for sex abuse survivors vary widely, and appeals are almost immediately filed, holding up payouts indefinitely. Commercial litigation funding is available while plaintiffs wait out a verdict on appeal, and large pre-settlement funding can be obtained while the verdicts go through the appellate process. 

In larger cases involving organizations like the Catholic Church or Boy Scouts of America, settlements could be in the $100K settlement amount range for even the worst abuses. In cases with smaller class actions or mass torts (less than 50 people), settlement ranges for the highest level of sex abuses can be between $500K and $5MM. 

Legal Bay's loan for settlement funding programs are designed to provide immediate cash in advance of a plaintiff's anticipated monetary award. While it's common to refer to these legal funding requests as settlement loans, loans for settlements, lawsuit loans, loans for lawsuits, etc., the "lawsuit loan" funds are, in fact, non-recourse. That means there's no risk when it comes to loans in lawsuit settlements because there is no obligation to repay the money if the recipient loses their case. Therefore, terms like settlement loan, loans for lawsuit, loans on settlement, or lawsuit loan funds don't necessarily apply, as the "loan on lawsuit" isn't really a loan at all, but rather a stress-free cash advance.

Legal-Bay is known to many as the best legal funding company in the industry for their helpful and knowledgeable staff, and one of the best lawsuit loan companies overall for their low rates and quick turnaround, sometimes within 24-48 hours once all documents have been received.

Amber Cardillo, Legal-Bay's Head of Sex Abuse Funding commented, "We understand the different sex abuse litigations throughout the country better than any other funding company in the industry. Unfortunately, each one is different, and settlement values are based on many factors. We try to work with each victim compassionately and get them the help they need. We welcome all to call and try even if their church is in bankruptcy or if they have been denied additional funding by other companies." 

To apply right now for a loan settlement program, please visit the company's website HERE or call toll-free at: 877.571.0405 where agents are standing by to answer any questions.

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Consumer

Legal-Bay Pre Settlement Funding Announces Settlement Resolution in BARD Hernia Mesh Lawsuits

By Harry Moran |

Legal-Bay LLC, The Pre-settlement Funding Company, announced today that there is finally some resolve on the horizon for hernia mesh litigants. Becton, Dickinson and Company, the parent company of BARD, has finally reached a settlement agreement on the thousands of lawsuits they've been battling for almost twenty years. The settlement will resolve cases in Rhode Island and the federal MDL in Ohio for plaintiffs who allege their hernia mesh devices were defective and caused physical injury.

While the exact terms of the settlement remain undisclosed, Legal Bay can report that BD has a product liability fund set aside for litigation purposes in the neighborhood of $1.7 billion. Analysts predict a large portion of that amount will be paid out to plaintiffs over multiple years. It should be noted that BD says the settlement is not an admission of wrongdoing and is prepared to defend itself against future lawsuits.

Chris Janish, CEO of Legal-Bay commented, "Legal Bay has been one of the few companies to fund hernia mesh from the beginning of this litigation. We applaud the lawyers who've been able to negotiate this global settlement, and will continue to assist plaintiffs who need their share of the money now rather than wait out the long process to receive their payout." 

If you need a lawsuit loan from your hernia mesh lawsuit, please apply HERE or call toll-free at 877.571.0405.

Attorneys anticipate that settlement amounts will be within the $50,000 to $100,000 range, but some plaintiffs have been awarded millions. Payout amounts vary greatly, and will likely use a "matrix" to determine damages, based upon the severity of the plaintiffs' injuries. Also, because of the variables from case to case, there is no set precedent for how much a plaintiff will receive, if they receive anything at all. However, with this latest court ruling, most plaintiffs—even those with newly-filed cases—can expect to see quick outcomes in the near future with favorable results.

Recent settlement examples:

  • $4.8 million verdict for Rhode Island plaintiff Paul Trevino in a state court trial in 2022
  • $255,000 verdict in favor of the plaintiff in the second bellwether trial in 2022
  • $500,000 verdict in favor of the plaintiff in the third bellwether trial in 2023

The preceding list comprises only a handful of the many verdicts against hernia mesh companies, and there are thousands more still awaiting their day in court. Nevertheless, Legal-Bay stands ready to help plaintiffs in financial need obtain settlement loans so they can wait out the time it will take to resolve at trial. 

Legal-Bay is one of the leading lawsuit loan funding companies, offering a fast approval process and some of the best rates in the industry. They can offer immediate cash in advance of a plaintiff's anticipated monetary award. The non-recourse lawsuit loans—sometimes referred to as loans for lawsuit or loans on settlement—are risk-free, as the money does not need to be repaid should the recipient lose their case. Therefore, the settlement loan is less of a loan and more like a cash advance.

Anyone who has an existing lawsuit and needs cash now can apply for loan settlement and receive a quick payout, normally within 24-48 hours. There are no income verification forms or credit checks required. If you haven't yet filed suit, Legal-Bay can put you in touch with an attorney who specializes in hernia mesh cases.If you require an immediate cash advance loan settlement from your hernia mesh lawsuit, please visit the company's website HERE or call 877.571.0405 where skilled agents are standing by to hear about your specific case.

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Consumer

Free Conference on Recent Legislative Responses to Litigation Finance

By Harry Moran |

The Center on Civil Justice at New York University School of Law mission is dedicated to the U.S. civil justice system and the continued fulfillment of its purpose. The Center brings together the unmatched strengths of the NYU Law faculty in the fields of procedure and complex litigation with the sophisticated practitioners and judges who make up our Board of Advisers.  Together we endeavor to support our civil courts as a place for people to fairly and efficiently resolve their problems and access justice.

The Center on Civil Justice at NYU School of Law will host a one-day conference on October 28, 2024 on the subject of legislative efforts to regulate third-party legal funding with the goal of connecting the debates on key legal funding issues taking place in academia and among practitioners, lobbyists and legislators, in the US and in Europe.  

The conference will consist of three panels, each focusing on a different legal funding reform effort. These include U.S. legislative efforts to regulate commercial litigation financing and consumer legal funding, in addition to an examination of European and other international legislative attempts to regulate third-party funding. The bill sponsors will be invited to present, along with experts on the topics the bill covers.

The event will take place on October 28, 2024, from 9am - 3:30pm.  We encourage everyone to attend in-person at Greenberg Lounge of Vanderbilt Hall, 40 Washington Square South, NY, NY 10012.

For those who cannot do so, the event will also be livestreamed via Zoom.  A link will be sent out to everyone who RSVPs.

The event is free, and we will be applying for CLE credit. 

Register Here: https://forms.gle/Z5UuQcB2geNhRe7dA.

9:15 AM – 9:30 AM – Opening Remarks

9:30 AM – 11:00 AM - Panel 1: Disclosure of Commercial Litigation Financing Agreements

While much of the state legislation enacted on third-party litigation finance has focused on consumer legal funding, states and the federal government have begun to think about the regulation of commercial litigation funding as well.  Specifically, the issue of whether, under what circumstances, and to what extent to disclose commercial third-party funding has been one of the most significant policy questions facing the industry for years.   Legislation has been introduced or passed in West Virginia, Wisconsin, and US Congress regarding disclosure of commercial funding agreements, and we will discuss these bills and others and how they will impact the commercial funding landscape.

11:15 AM – 12:45 PM – Panel 2: New York A.115 - Consumer Funding

Much, if not most, state legislation focuses specifically on consumer legal funding and not commercial litigation financing.  New York State alone has five different such bills.  This panel chooses to focus on A.115, which has passed the New York State Senate but not the Assembly – the bill that has so far advanced the furthest.  This bill caps returns to funders at the military lending rate.  Other bills do not place such a cap at all but require full disclosure of the contract.  This panel will discuss what is the best way forward to regulate the product in New York and across the country.

12:45 PM – 1:30 PM – Lunch

1:30 PM – 3:00 PM – Panel 3: EU P9_TA (2022) 0308 - International Legislation

In 2022, the EU Parliament adopted a resolution to introduce legislation creating minimum standards for third-party funding in the EU.  The European Commission has yet to submit a formal proposal for the EU Parliament and European Commission to consider.  However, the principals outlined in the resolution highlight many significant discussion points within the industry and demonstrate the state of international regulation of the industry.

3:00 PM – 3:15 PM – Closing Remarks

RSVP for the event here: https://forms.gle/Z5UuQcB2geNhRe7dA.

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