FREQUENTLY ASKED QUESTIONS
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Type of Case |
Typical Range of Fees |
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Auto Accidents |
2.99% to 3.99% |
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Premises |
3.99% to 4.99% |
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Medical Malpractice |
3.99% to 5.99% |
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Commercial Litigation |
3.99% to 4.99% |
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Settled Cases |
2.50% to 2.99% |
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Note: All rates are compounded monthly. |
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Your actual pricing will depend upon
your cases unique situation and may vary from the table above.
There is no obligation on your part until you decide to accept our
proposal. And even after you accept our offer, you
have 5 business to cancel.
We don't get paid until you get paid!
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2.
Q: What does it mean to "invest in a lawsuit"?
A: Get-Lawsuit-Loan literally buys a piece of the future
settlement proceeds of your lawsuit, such as the proceeds from a
personal injury settlement. We give you cash today in exchange for a
specific amount of any settlement or judgment that is derived from the
litigation. If the case is lost, we lose also and you owe us nothing,
not even the money we invested.
This is one of the reasons why our product is technically a lawsuit
advance and NOT a
lawsuit loan. Although we do market our product to the public
as a "lawsuit loan". See our disclaimers page
for further clarification.
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3. Q: Does my lawsuit qualify for a loan?
A: First, you must have professional legal representation in the form of an attorney (i.e. lawyer). If you are representing your own case, we cannot fund you a loan (advance). No exceptions.
If you are involved in one of the following cases, you more than likely qualify based on the merits of the case.
Personal Injury Vehicle
Personal Injury Premises
Wrongful Death
Medical Malpractice
And many more, see next question and answer
Workers Compensation - We can only invest in workers compensation if the following applies to your claim: (You may contact us or ask your attorney if the following apply.)
If the state law of which the accident took place allows a lien on your case for our non-recourse advance.
If you have a third party claim in addition to your workers compensation claim. What this means is, if you also have a personal injury claim against the negligence of something or someone other than your workers compensation claim. Your attorney will know if you are making a claim other than workers compensation. (i.e. You were injured on a job in which the premises where the accident took place is also liable for your injuries.)
You can also view our map of United States which shows which states we can do workers comp claims in and which states we cannot.
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4. Q: In what types of cases will Get-Lawsuit-Loan loan (advance) cash on?
A: Get-Lawsuit-Loan will loan (advance) money for many different types of cases. See the table below for examples of the cases we advance money on:
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Lawsuit Cases We Fund |
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Accidents |
Already Settled Cases |
Asbestos |
Auto Accidents |
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Aviation |
Bicycle Accidents |
Breach of Contract |
Business Lawsuits |
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Cigarette |
Civil Rights |
Class Action |
Commercial Lawsuits |
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Construction Negligence |
Copyright Law |
Dog Bite |
Employment Discrimination |
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FELA (Railroad) |
Fen-Phen |
General Negligence (animal bite, homeowner, etc.) |
Intellectual Property (Copyrights, patents, trademarks, etc.) |
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Jones Act (Maritime) |
Legal Malpractice |
Litigation Funding |
Mass Tort |
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Medical Malpractice |
Mesothelioma |
Motor Vehicle including passenger and pedestrian |
Nursing Home Malpractice |
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Patent Law |
Pedestrian Injury |
Personal Injury |
Pharmaceuticals – See note below |
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Premises – Slip N Fall and Trip N Fall |
Primary Pulmonary Hypertension (PPH) |
Product Liability |
Settlements |
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Slip-N-Fall |
Structured Settlements |
Tobacco |
Trademarks |
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Trip-N-Fall |
Trucking |
Vioxx |
Whistle-blower (Qui Tam) |
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Workers Comp in some states |
Wrongful Death |
Wrongful Termination |
ZyPrexa |
However, there are some cases we can never fund, see the table below:
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Lawsuit Cases We Do NOT Fund |
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Criminal |
Custody |
Disability |
Divorce |
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DUI, DWI |
Evictions |
Family Law |
Immigration |
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Small Claims |
SSI |
Workers Comp in some states see below |
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Also, see our map
of United States, indicating which states we accept workers
comp cases from and which states we cannot fund workers comp cases:
And starting August 28, 2008, we will begin accepting funding applications from clients and lawsuits in the State of Ohio.
If you have a pending lawsuit that is not listed above or an already
settled lawsuit or structured settlement please contact
us to discuss your options.
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5. Q: Do I have to have an attorney (lawyer)?
A: Yes! To even begin considering your case for an advance, you must have professional legal representation in the form of an attorney (lawyer).
If you are representing your own case, then we CANNOT loan (advance) any money to you! No exceptions.
However, if you do not yet have an attorney or are un-happy with your current attorney we will be happy to provide referrals of attorney's we have worked with in the past. Simply contact us or see our Attorney Referral page.
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6. Q: How much money can I get loaned (advanced)?
A: Each and every lawsuit is different. However, there are in-house standards that we use to help determine how much we can loan (advance). In the event that a case is expected to sustain a long duration, we may provide monthly subsistence payments. Each case is evaluated and proposed per offer.
However, as a general rule, we will typically advance between 10% and 15% of the value of your case. For example, let’s say you have a personal injury lawsuit valued at $100,000. We would likely approve you for $10,000 to $15,000. (Assuming the case qualifies and no other liens are filed on the case.)
We will advance amounts from as low as $250 to over $1,000,000. We discuss this issue in greater detail on your Funding Process page.
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7. Q: What amounts will Get-Lawsuit-Loan invest in a case?
A: Get-Lawsuit-Loan, will invest between $250 and over a $1,000,000 in a single case.
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8. Q: How long does it take to get my money?
A: Normally within 24 hours once we receive the completed contract back from you and your attorney.
We can and do fund the cash very fast. The major slow-down we typically encounter is in how fast your attorney will provide copies of your case’s documentation to us for review. If your attorney is fast, you'll get your money fast. If your attorney is slow, you'll get your money slowly.
Specifically, we will have a decision whether to approve or deny your lawsuit cash advance within 24 hours from the time we receive the requested documents from your attorney. For advances $10,000 and over, it will take us an additional day or two to review the case. These timelines do not apply to weekends and holidays.
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9. Q: Can I really get money before my settlement?
A: Yes, we literally advance you against your future settlement proceeds of your case. We provide you money now in exchange for a secured amount of any settlement or judgment that is awarded from the litigation.
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10. Q: Why doesn't my attorney just advance me money?
A: Some attorney's will loan or "gift" clients money. However, the amounts are usually very small. It probably does not hurt to ask. All they can say is no. And if they say yes, the money will be cheaper than coming to us.
However, from an ethical standpoint, The American Bar Association does not allow attorneys to advance money to their clients. Attorney's can only advance money for direct case expenses. This allows for protection for both you and your attorney.
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11. Q: Can you tell me what my lawsuit might be worth or if I even need an attorney before I hire an attorney?
A: No, we do not provide legal advice. We are not a law firm or attorneys. We are a lawsuit funding company. We maintain certain in-house rules for case integrity. If we ask you a question or make a statement that your attorney has asked or stated, it is a mere coincidence in our fact-finding procedure.
But we can and do refer clients to attorneys we have worked with in the past. Simply contact us for referrals or view our referral page.
Additionally, values we place on your case are determined independently from a value determined by your attorney. The two values have nothing in common. If they are the same it is purely coincidence. To protect our risk, we tend to value cases more conservatively than many attorneys.
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12. Q: How are Case Funding Values Determined?
A: We have developed our own case value underwriting tolerances. For example, the case value that we use is not necessarily a reflection of what your case may or may not settle for. A typical consideration is, 10% of the policy limit of the defendant with supporting injuries. Insurance policy coverage limitations are typically important to consider. We typically do not use property damage for value rating (at least in personal injury cases). However in some cases, we use the property damage amount to support injuries. Lost wages are considered. Prior advances and other liens on the case are affect valuation.
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13. Q: Is it legal to get money against my settlement or judgment?
A: Yes, as you probably have already experienced, you have signed a contingency fee agreement with your attorney as well as authorizing medical payments, etc. The very same can be done for our contingency non-recourse agreement.
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14. Q: What can I use the money for?
A: The money is yours to use as you wish. We prefer clients that are going to use their proceeds to pay bills or support their cases. We are a last resort financial source.
The most common use is to pay bills and living expenses, such as rent, mortgage, credit card bills, car payments, etc. Past clients have also purchased vehicles, typically because their other vehicle was totaled in an accident. And other clients have even used the money for vacations. It is really up to you.
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15. Q: What are my other legal financing choices?
A: You will more than likely find that banks and other traditional sources will not advance cash against a pending lawsuit or claim. You can try friends and family. You can try using credit cards. Currently, there are simply not many choices. If there were other choices, we would be out of business.
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16. Q: Why don't I just get a bank loan?
A: Traditional financial institutions, including banks, do not generally lend solely on the merits of a lawsuit. They deem the practice of litigation finance or funding as too risky.
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17. Q: Do your lawsuit loans determine the outcome of my case?
A: No, we are not a law firm and we do not offer legal advice. You and your attorney work together in a normal fashion. Our lawsuit loans have no impact on how your case will be handled. We place no restrictions on the attorney, other than the lien.
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18. Q: What role will Get-Lawsuit-Loan play in the management of my case?
A: Get-Lawsuit-Loan plays absolutely no role in the legal management of your case. That is left to you and your attorney.
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19. Q: What, if anything, will Get-Lawsuit-Loan require from the attorney after the deal is closed?
A: Get-Lawsuit-Loan may periodically follow-up with your attorney.
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20. Q: What happens if I lose my lawsuit?
A: You owe us nothing if you lose your lawsuit.
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21. Q: How do you know when my lawsuit is settled?
A: We routinely contact your attorney to check on the progress of the lawsuit. Since we have a lien position, we do not need to interact extensively with your attorney.
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22. Q: What are Soft Tissue Injuries and why do I care?
A: A soft tissue injury is an injury that is non-surgically treated. A soft tissue is usually treated with light chiropractic non-neurologist type treatment. Feel free to inquire how we rate your injury for funding consideration. Soft tissue injuries are the most risky for us to advance on. The maximum advance considered for soft tissue is $3,000. As with any advance from Get-Lawsuit-Loan, no credit is required or monthly payments. All fees accumulate until settlement of your case.
Another way of looking at this, if you had surgery your case is almost always worth more than if you did not have surgery.
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23. Q: Does Get-Lawsuit-Loan use its own funds or is it a broker?
A: We do both. Get-Lawsuit-Loan uses its own funds and brokers transactions with other funding sources and investors. We have investors who participate via single-purpose funding companies.
Sometimes our underwriters will decline a case and we will take the case to another investor who ultimately does approve the case for funding. We always do what we can to approve a case and get money to our clients.
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24. Q: Do these transactions constitute "champerty" or "maintenance"?
A: Maintenance and champerty are legal concepts derived from English law. The District Court of Appeals of Florida, Fourth District has defined maintenance as "...an officious intermeddling in a suit which in no way belongs to the intermeddler by maintaining or assisting either party to the action, with money or otherwise, to prosecute or defend it." In other words, maintenance can be defined as the actions of one party inducing another party to sue a third party.
The same court described champerty as follows: "Champerty is a form of maintenance wherein one will carry on a suit in which he has no subject-matter interest at his own expense or will aid in doing so in consideration of receiving, if successful, some part of the benefits recovered." The court noted, "officious intermeddling is a necessary element of champerty and defined it as "offering unnecessary and unwanted advice or services; meddlesome, especially in a highhanded or overbearing way." In 1977 Bates v. State Bar of Arizona, 433 U.S. 350 (1977) proscribed advertising by lawyers. Since the ruling in this landmark case, widespread advertising by lawyers has called into question the perceived evils of the stirring up of unmeritorious litigation and the improper solicitation of retainers to pursue it. Today, none of the states adhere to the rigor of the original champerty and maintenance doctrines choosing to take a modern-day approach that "officious intermeddling is a necessary element of champerty." Moreover, states such as Massachusetts and New Jersey have seen their courts reject the concept of champerty entirely.
Get-Lawsuit-Loan believes that our transactions clearly do not constitute "officious intermeddling" and thus, are not champertous.
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25. Q: Is there a Bar Association Ethics Committee Opinion regarding an attorney referring a client to us?
A: To our knowledge there are no states that prohibit referrals so long as they result in arms-length transactions. However, certain states such as Florida prohibit the attorney from taking part in the evaluation process making it difficult, for us to obtain enough information to make an intelligent decision.
In reality, we do business with many attorneys who refer clients to us.
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26. Q: Is there a Bar Association Ethics Committee Opinion regarding an attorney signing a non-statutory lien?
A: Yes. This varies state by state.
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