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Pre-Settlement Legal Funding Fills a Major Financing Gap to Benefit Personal Injury Victims

April 6, 2022

Pre-Settlement Legal Funding Fills a Major Financing Gap to Benefit Personal Injury Victims

The following piece is a contribution by Charles W. Price, CEO of Capital Now Funding, LLC.  The pre-settlement legal funding industry is often viewed in a negative manner by those outside of the industry, because settlement advances charge higher interest rates than traditional lending methods. The truth is, that without pre-settlement legal funding, those personally injured in accidents that were no fault of their own often do not have the financial means to properly care for themselves following a personal injury accident.  Therefore, pre-settlement legal funding plays a vital role by providing much-needed financial assistance for personal injury victims when they have no other options available to them. Added Expenses and Zero Income To fully understand the situation personal injury victims are going through, it is helpful to see things from their point of view. These victims have been injured due to another person’s negligence, to a degree in which they are unable to work and create income to support themselves and their families. In addition, they are now accumulating further expenses as a result of those injuries. The cost of physical therapy, follow-up doctor visits, and surgeries, can total thousands of dollars of additional costs for which the victim is now responsible. Even if the injured victim has health insurance, copays and deductibles are often more than they can afford in the event of an unexpected accident. Making matters worse, this costly ongoing care can be for an indefinite period of time, leaving injured victims with medical bills totaling more than they can afford.  As a result, injury victims are then faced with the choice of going into debt in order to receive proper healthcare or forgoing treatment altogether. Recent studies show that 69% of Americans have less than $1,000 in savings, and 45% of Americans have $0 in savings. Roughly 61% of Americans live paycheck to paycheck and do not have enough money to pay their bills if they cannot work for one week.  Injured victims seeking pre-settlement legal funding often face months of time away from their income. Data also shows that individuals with less savings statistically have the lowest credit scores in the nation, making options to borrow money from traditional methods such as a bank loan nearly impossible. Why Seek Pre-Settlement Legal Funding? Considering a typical personal injury victim’s situation and circumstances, pre-settlement legal funding is likely the only option available.  Also considering the additional benefits pre-settlement funding provides consumers, it is also a better option.  Most pre-settlement funding companies provide funding that is non-recourse, meaning that clients receiving funding only have to pay back the money advanced if a settlement is reached, and if there are sufficient funds remaining after paying off all other liens and attorney fees. The pre-settlement legal funding company takes on this risk as part of the funding agreement, which is advantageous to the personal injury victim. Selecting the Right Pre-Settlement Company Can Save Thousands of Dollars The most important aspect for an injured victim to consider when seeking pre-settlement funding is the wide variety of interest rates offered by different funding companies.  Many companies charge interest rates that compound or escalate at varying time intervals.  Depending on how long it takes the case to settle, the payoff can be considerably more than the cash advanced. This is why it is extremely important for the injured victims and their attorneys to select a pre-settlement funding company that results in the client receiving the most money possible when the case is settled. At Capital Now Funding, we offer pre-settlement funding for a one-time fixed fee with zero interest. Because our funding fees are fixed, our clients’ payoffs are fixed, no matter how long it takes their legal claim to settle. This keeps things simple and eliminates the possibility that a client’s payoff will increase. Choose Your Pre-Settlement Funding Company Wisely There are a lot of great pre-settlement funding companies to work with, but it is up to the client and his or her attorney to select the pre-settlement company that is in the client’s best interest. Because this choice can affect the amount of money the client walks away with upon settlement, we recommend thoroughly researching the chosen funding company and reading through as many reviews as possible before signing any agreements. Making a wise choice when partnering with a funding company will keep fees and interest low, and ultimately increase the amount of money a client receives at the end of a legal claim. 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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New York Consumer Litigation Funding Act Called a First Step in Combatting Predatory Lending

By John Freund |

New York's Consumer Litigation Funding Act, set to take effect June 17, represents a significant regulatory intervention in an industry that has operated largely without oversight — but advocates say it does not go far enough.

As reported by Bloomberg Law, Rachel McCarthy and Tabitha Woodruff of the Milestone Foundation argue that while the new law establishes important baseline protections, it leaves critical gaps that could continue to harm vulnerable plaintiffs. The authors point to annual percentage rates in the consumer legal funding industry ranging from 30 to 124 percent, substantially higher than typical credit card rates. In one illustrative scenario, a family borrowing $10,000 at 50 percent monthly compounded interest could owe approximately $43,475 after three years.

The law caps a litigation funder's recovery at 25 percent of the gross settlement or judgment, requires plain-language contracts, mandates a 10-day rescission period, establishes state registration requirements, and prohibits interference with settlement decisions and misleading advertising.

However, the authors note that the legislation does not cap the interest rates funders can charge, nor does it impose rules or restrictions on the types of fees that may be assessed. They argue that these omissions leave room for the most predatory practices to continue even under the new regulatory framework.

The piece frames the New York law as an important first step while calling for additional reforms targeting interest rate caps and fee structures to fully protect consumers who turn to litigation funding while awaiting resolution of their cases.

Consumer

Equal Justice Requires Equal Staying Power: Why Consumer Legal Funding Helps Fulfill the Promise of the American Legal System

By Eric Schuller |

The following was contributed by Eric K. Schuller, President, The Alliance for Responsible Consumer Legal Funding (ARC).

“Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society.”

— Lewis F. Powell Jr.

Few phrases better capture the promise of the American legal system than “Equal Justice Under Law.” Carved into the stone above the entrance to the United States Supreme Court, those words symbolize the belief that every person, regardless of wealth, status, or background, stands equal before the law.

But as Justice Lewis F. Powell Jr. observed, those words must represent more than an inscription on a building. They must be an operational principle, a reality experienced by everyday people who rely on the legal system to resolve disputes and obtain justice.

In practice, however, the ideal of equal justice often collides with an uncomfortable truth. Litigation takes time. Legal claims, particularly personal injury claims, can take months or years to resolve. During that time, the injured person frequently faces mounting financial pressure. Medical bills accumulate. Income may be lost due to the injury. Rent, utilities, and everyday expenses continue regardless of the progress of a legal case.

Meanwhile, the opposing party is often backed by a large insurance company or corporate defendant with deep financial resources and the ability to delay litigation for extended periods.

This imbalance creates a fundamental tension in the civil justice system. If one side can afford to wait and the other cannot, the outcome of a case may be influenced not by the merits of the claim, but by financial pressure. Consumer legal funding emerged as a practical solution to this problem.

At its core, consumer legal funding helps preserve the promise behind Justice Powell’s words by helping injured individuals maintain financial stability while their legal claims proceed.

The Economic Reality of Litigation

Civil litigation is rarely quick. Personal injury claims often require extensive investigation, medical treatment, negotiation with insurance companies, and in some cases trial preparation.

For injured plaintiffs, this process can be financially devastating. Many individuals involved in serious accidents cannot return to work immediately. Others face large medical expenses that accumulate before a settlement or judgment is reached.

Even individuals who previously had stable financial lives may suddenly find themselves struggling to pay for basic necessities.

Insurance companies and large defendants, by contrast, face no such pressures. Insurers are structured to manage litigation risk over long periods of time. They have legal departments, litigation budgets, and the ability to delay or extend negotiations.

This difference in financial endurance can shape the dynamics of settlement negotiations.

When an injured person faces the possibility of eviction, unpaid medical bills, or an inability to provide for their family, the pressure to settle quickly increases dramatically. The settlement decision may become less about fairness and more about survival.

This is where consumer legal funding plays a crucial role.

Consumer Legal Funding: Supporting Plaintiffs During Litigation

Consumer legal funding provides monies to plaintiffs with pending legal claims, typically personal injury cases. These funds are designed to help cover everyday living expenses while a case is ongoing.

Importantly, consumer legal funding is structured as non-recourse funding. Repayment occurs only if the plaintiff successfully resolves the case through settlement or judgment. If the case is unsuccessful, the consumer does not owe repayment.

This structure reflects the reality that the funding company is accepting risk tied to the outcome of the legal claim.

The purpose of the funding is not to finance litigation strategy or influence legal decisions. Rather, it helps injured individuals pay for basic necessities such as housing, food, transportation, and medical needs while the legal process unfolds.

In this way, consumer legal funding functions as a financial stabilizer during one of the most vulnerable periods in a plaintiff’s life.

Restoring Balance in Settlement Negotiations

The civil justice system assumes that parties negotiate settlements based on the merits of the case, the strength of the evidence, and the applicable law. In reality, financial pressure can significantly influence settlement behavior.

When plaintiffs face immediate financial hardship, they may feel compelled to accept settlements that do not fully reflect the value of their claims.

Insurance companies understand this dynamic. The longer a case continues, the greater the financial strain on many injured plaintiffs.

Consumer legal funding helps address this imbalance by giving plaintiffs the ability to withstand financial pressure during the litigation process.

By helping consumers remain financially stable, consumer legal funding allows settlement decisions to be based more on the actual merits of the case rather than immediate economic desperation.

In essence, it helps ensure that the legal process functions as intended.

The Role of Consumer Legal Funding in Access to Justice

Access to justice is often discussed in terms of legal representation. Ensuring that individuals have access to attorneys is unquestionably important. Contingency fee arrangements have long helped individuals pursue claims they might otherwise be unable to afford.

However, legal representation alone does not solve the financial challenges that plaintiffs face during litigation.

Even when attorneys represent clients on contingency, plaintiffs must still manage everyday living expenses while their cases proceed. Medical treatment may prevent them from working. Insurance disputes may delay compensation.

Without financial support, many plaintiffs find themselves in impossible situations.

Consumer legal funding addresses this gap. It supports the plaintiff personally, rather than the litigation itself.

This distinction is important. The funds are not intended to create lawsuits or encourage unnecessary litigation. Instead, they allow individuals with legitimate claims to endure the legal process required to resolve those claims fairly.

This support can make the difference between a plaintiff pursuing justice and abandoning a claim prematurely due to financial hardship.

Consumer Legal Funding and the American Tradition of Risk Sharing

The structure of consumer legal funding aligns with other widely accepted financial arrangements that involve risk sharing.

For example, insurance companies accept risk every day when they issue policies. If an insured event occurs, the insurer pays the claim. If it does not, the insurer retains the premiums.

Similarly, venture capital investors accept risk when they fund startup companies. If the company succeeds, the investor benefits. If it fails, the investor absorbs the loss.

Consumer legal funding operates on a similar principle. The funding company provides monies with the understanding that repayment depends on the success of the legal claim.

This risk-based structure distinguishes consumer legal funding from traditional lending, where repayment is required regardless of outcome.

The contingent nature of repayment reflects the uncertain nature of litigation itself.

Protecting the Integrity of the Civil Justice System

Critics sometimes argue that consumer legal funding interferes with litigation or encourages lawsuits. In reality, the opposite is often true.

Consumer legal funding does not determine whether a lawsuit is filed. That decision is made by the plaintiff and their attorney based on the merits of the case.

Funding companies review cases carefully before providing funds. The evaluation process often includes reviewing case documentation, attorney involvement, and the likelihood of a successful resolution.

This evaluation process means that funding companies generally support claims that already have legal merit and professional representation.

Rather than encouraging frivolous litigation, consumer legal funding tends to operate within the existing framework of legitimate claims.

Its primary impact is helping plaintiffs remain financially stable while the legal system runs its course.

Preserving the Meaning of “Equal Justice Under Law”

Justice Powell’s words remind us that the promise of the legal system extends beyond formal procedures. Equal justice requires more than access to a courtroom. It requires that individuals have a realistic ability to pursue their claims without being forced into premature settlement by financial hardship.

In many cases, the difference between a fair settlement and an inadequate one is time.

Insurance companies can afford time. Corporations can afford time.

Injured individuals often cannot.

Consumer legal funding helps bridge this gap. By providing financial support during the litigation process, it allows plaintiffs to remain engaged in their cases and pursue outcomes that reflect the true value of their claims.

This role aligns directly with the broader principles of fairness and equality embedded in the American legal tradition.

Funding Lives, Not Litigation

Consumer Legal Funding: Funding Lives, Not Litigation.

This phrase captures the essence of the product. The purpose of consumer legal funding is not to finance lawsuits or drive litigation strategy. It is to help real people navigate the difficult period between injury and resolution.

Behind every legal claim is a person whose life has been disrupted. There are families dealing with lost income, individuals recovering from serious injuries, and households struggling to meet everyday expenses.

Consumer legal funding recognizes these realities.

It provides a practical tool that helps injured consumers maintain stability while the legal system works toward a resolution.

Conclusion

Justice Lewis F. Powell Jr. reminded us that “Equal Justice Under Law” must represent more than an inscription on a courthouse wall. It must be a living principle that guides how the legal system operates.

For many injured plaintiffs, the greatest obstacle to justice is not the law itself, but the financial pressure that arises while a case is pending.

Consumer legal funding helps address this challenge. By providing financial stability during litigation, it allows plaintiffs to remain in the process long enough for their claims to be evaluated fairly.

In doing so, it supports the very principle Justice Powell described.

Equal justice cannot exist if only those who can afford to wait are able to pursue it. Consumer legal funding helps ensure that justice is determined by the facts and the law, not by who runs out of money first.

And in that sense, it plays a meaningful role in turning one of America’s most inspiring ideals into a practical reality.

Consumer

The Fundamental Distinction Policymakers Cannot Ignore

By Eric Schuller |

The following was contributed by Eric K. Schuller, President, The Alliance for Responsible Consumer Legal Funding (ARC).

If policymakers want to understand consumer legal funding, they should start with insurance, not lending. At first glance, insurance and consumer legal funding may appear unrelated. One protects against risk. The other provides funds to plaintiffs in pending lawsuits to help pay for their day-to-day expenses. But structurally, they share a defining characteristic: risk is assumed by the capital provider, not imposed on the consumer. That single feature separates consumer legal funding from loans and aligns it more closely with underwriting.

Public policy depends on accurate classification. When a product is mischaracterized, regulation can miss its mark. Consumer legal funding is frequently labeled a "loan," yet its mechanics contradict that description. A loan creates a guaranteed repayment obligation. Consumer legal funding does not. To regulate wisely, lawmakers must understand that distinction.

Insurance is built on underwriting risk. An insurance company evaluates probabilities. It examines health risks, property risks, liability exposure, accident frequency. It prices policies accordingly. The insurer does not lend money to the policyholder. Instead, it assumes risk in exchange for compensation. If the insured event occurs, the insurer pays. If the event does not occur, the insurer retains the premium. In either case, the insurer's business model depends on accepting uncertainty. Insurance is not debt. It is risk transfer.

Now consider consumer legal funding. A funding company evaluates a legal claim. It assesses liability, damages, collectability, procedural posture, and likely duration. It underwrites the case. Instead of collecting premiums, it provides monies to the plaintiff. Its return depends entirely on a defined event: recovery in the lawsuit. If recovery occurs, the provider receives its agreed return from the proceeds. If recovery does not occur, the provider receives nothing. The funding company has effectively underwritten litigation risk. That is not lending. That is risk assumption.

The central question in distinguishing loans from contingent capital is simple: Who bears the risk of failure? In a loan, the borrower bears the risk. Repayment is mandatory regardless of outcome. In insurance, the insurer bears the risk. Payment depends on whether a covered event occurs. In consumer legal funding, the funding company bears the risk. Repayment depends on whether the case succeeds. If a plaintiff loses their case, they owe nothing. There is no collection action, no wage garnishment, no deficiency balance. The capital provider absorbs the loss. That structure is fundamentally inconsistent with debt.

To see the contrast clearly, consider the defining characteristics of a traditional loan: an unconditional obligation to repay, repayment regardless of performance or outcome, interest accrual over time, recourse against income or assets, and credit-based underwriting. If you borrow money to open a business and the business fails, you still owe the bank. If you lose your job after taking out a personal loan, you still owe the lender. If you use a credit card and experience hardship, the balance remains. Debt survives failure. Consumer legal funding does not. If there is no recovery in the legal claim, there is no repayment obligation. That single fact removes the defining feature of a loan.

Insurance companies price risk across portfolios. Some claims will generate losses. Others will generate gains. Sustainability depends on aggregate performance. Consumer legal funding companies operate similarly. Some cases succeed. Others fail. Pricing reflects probability of recovery, expected timeline, and litigation risk. Like insurers, funding providers must absorb unsuccessful outcomes as part of their business model. If policymakers were to impose lending-style interest caps on insurance premiums, the insurance market would collapse. Premiums are not structured like loan interest because repayment is not guaranteed. Similarly, consumer legal funding cannot be evaluated as if repayment were certain. The risk of total loss is real. When regulation ignores that risk allocation, it misunderstands the economics.

Labeling consumer legal funding as a loan may appear harmless, but it has significant policy consequences. Lending regulations are built around products where repayment is guaranteed and borrowers bear default risk. Those regulations assume predictable interest accrual and enforceable repayment obligations. Consumer legal funding lacks those features. If policymakers apply lending frameworks to non-recourse, outcome-dependent arrangements, they risk imposing regulatory structures that do not fit the product, distorting pricing models built around risk of total loss, reducing availability of funding for injured consumers, and eliminating a non-recourse option that differs fundamentally from debt. Regulation should reflect economic reality, not rhetorical convenience.

For injured plaintiffs, litigation is rarely quick. Cases may take months or years to resolve. During that time, medical bills accumulate. Rent is due. Utilities must be paid. Families rely on a steady income that may no longer exist. Traditional loans require fixed repayment regardless of outcome. Insurance does not. Consumer legal funding does not. That distinction explains why some consumers choose it. They are not borrowing against wages or income. They are accessing funds tied to a potential asset — their legal claim. If that asset produces value, repayment occurs from that value. If it does not, there is no personal debt. That is not debt stacking. It is risk sharing.

The core issue is risk transfer. Debt transfers risk to the borrower. Insurance transfers risk to the insurer. Consumer legal funding transfers litigation outcome risk to the funding company. The defining feature of a loan is an unconditional promise to repay. Without that promise, the structure changes entirely. If there is no recovery and the consumer owes nothing, the essential element of debt is absent. Policy debates should begin with that structural truth.

None of this suggests that consumer legal funding should operate without oversight. Transparent contracts, disclosure requirements, and consumer protections are appropriate in any financial arrangement. But regulation must match mechanics. Insurance is regulated as insurance because it is risk underwriting. Debt is regulated as lending because repayment is guaranteed. Consumer legal funding is non-recourse and outcome-dependent. It should be evaluated through that lens. When lawmakers start from the wrong definition, unintended consequences follow.

Consumer legal funding is non-recourse, payable only from legal proceeds, transfers outcome risk to the capital provider, and creates no unconditional repayment obligation. It shares structural similarities with insurance underwriting and other contingent compensation arrangements where payment depends on performance. The defining feature of a loan is guaranteed repayment. Consumer legal funding has no such guarantee. Before regulating it as debt, policymakers should ask a simple question: If the case fails and the consumer owes nothing, where is the loan? Sound public policy begins with structural accuracy.