Thursday, November 5, 2009

How Can You Determine Settlement Funding Costs?

By Dr. Tom Rhudy

The cost of settlement funding is frequently high on the list of questions applicants' minds. As should be anticipated, there is no single answer to this question.

Costs incurred with settlement funding vary with the amount funded, complexity of the case, where the case is in the litigation process, the risks involved with the likelihood of a plaintiff's verdict, and length of each case. Once your application is submitted, you and your attorney will be contacted to discuss your case in an effort to ascertain the foregoing.

As with any situation in monies are advanced, efforts will be expended to minimize risks involved prior to funding your case. Many applicants fail to disclose previous funding obtained. Previous funding in a specific case is another factor taken under consideration to assess the cost inherent in providing settlement funding.

Frequently, both applicants and attorneys want to know how settlement funding will affect the judgment obtained. Many possibilities come to mind, and we will discuss the most likely scenarios.

The best possible outcome is that your case settles for more than anticipated after settlement funding has been obtained. In this scenario, you receive more money and your attorney, in contingency-fee cases, receives a higher fee.

If you have obtained settlement funding and your case settles for exactly what you expected, neither your recovery nor the attorney's fee will be affected. Your ability to obtain a settlement loan is that you are able see the claim through to completion, and the recovery is likely to be larger than may have otherwise been obtained if limited finances had forced you to settle prematurely.

If you have obtained a lawsuit loan and you recover less than anticipated, you, as well as all involved parties, will likely receive less than you may have otherwise. It is important to realize, however, that it is unlikely that the defendant would have offered as much as you ultimately recovered.

If you are a plaintiff who obtains settlement funding and you obtain no recovery, you win! This is a non-recourse instrument, meaning that you only repay it if you obtain a recovery. - 29904

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