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Pre Settlement Funding: a Financial Tool to Loan Against Pending Lawsuit

By Presettlement Subscribe to RSS | February 24th 2012 | Views:

Earlier, maturity of personal damage was an issue, but now financial advancement offers pre reimbursement financial support which can be satisfied online without worrying about the paying intentions. Sometimes pressing economical situation makes you lurking between attending lawsuit and leaving it without any decision. Funding facility provides you relaxation gap without imposing intolerable conditions and you can frankly get pleasure from leverage of recognized company.

Pre Settlement Funding (PSF) is a financial tool that is being used by plaintiffs all over the United States. PSF is a non-recourse loan against a pending lawsuit. Companies provide this financial tool against personal injury and commercial litigation claims. Money is borrowed by a plaintiff and the plaintiff agrees to use their lawsuit as collateral. If the suit is successful, the plaintiff will be responsible for paying back the principle with interest. If the plaintiff loses the case, they don't have to pay back the advance.

The chief reason why this financial tool is used is to help plaintiffs get through the litigation process. If a plaintiff has a financial need they may be forced to settle a case early. If the plaintiff doesn't have the financial capacity of waiting for a settlement, they may borrow against their lawsuit, without having to settle for less.

Though PSF provides finance to the plaintiffs for ongoing litigation, most companies won't lend if the money is used toward the legal fees for a case. In order to qualify for an advance against your case there is a process that a PSF company will follow before providing the advance. A company will contact the lawyer who is handling the case, and request documentation on the lawsuit. The documentation is used to evaluate the strength of the case. If a company believes there is significance in the settlement or verdict, and the claimant has no other liens on the suit (besides the attorney fees), they may render lawsuit backing to the patron.

It is essential to understand that PSF should only be used if you have a pressing financial need. The most widespread types of accidents companies will mull over are motor vehicle mishaps, slip and falls, unlawful death and medical malpractice suits. Taking into account the lending source, some companies will offer funding for soft tissue injuries and catastrophic wounds.

Pre Settlement Funding is one of two lawsuit settlement funding methods, in which a person who has filed a compensation case can get funding in the form of a non-recourse loan from a PSF company on the basis of his or her pending case. Even if the settlement or verdict amount is lesser than probable, the amount to be repaid never surpasses the amount of the injured person's share of the judgment. PSF involves financing of on-going litigation, rather than buying legal fees after a settlement. The risk is much higher in PSF than post settlement funding and therefore pre settlement companies expect a much higher return.

For pre settlement funding, the ruling may take years, which considerably reduces the amount of money that the finance company can forfeit to the client. The PSF companies aren't likely to render funds to plaintiffs who don't have strong cases mitigating considerable awards.

Presettlement - About Author:
Joshua S. Smith has extensive experience in the legal finance field including Pre Settlement Funding and other related areas. For more information please visit the Author Page of the bio

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