Lawsuit Funding

What Changes to Lawsuit Funding When Your Case Goes to Trial?

Posted on by Fast Funds, Inc.
A plaintiff and attorney review lawsuit funding documents while preparing for a case that may proceed to trial.
01
Oct

When a lawsuit that already has funding moves toward trial, the existing funding agreement generally remains tied to the outcome of the case. A scheduled trial does not automatically create monthly payments or require immediate repayment. With Fast Funds, Inc., qualifying lawsuit funding is non-recourse, so repayment depends on a successful financial recovery.

If your case takes longer because of trial preparation, you may still need help covering everyday expenses while your attorney continues working on the lawsuit. Before you request more funding, review your current agreement, the amount already advanced, the expected recovery, attorney fees, case costs, liens, and any other funding obligations that may affect your net proceeds.

A plaintiff and attorney review lawsuit funding documents while preparing for a case that may proceed to trial.

Trial preparation can change the timing and financial picture of a case, but it does not change your attorney's role. Your attorney remains responsible for legal strategy, settlement discussions, motions, evidence, witnesses, and trial decisions. A funding company reviews the claim for funding purposes and does not direct the legal case.

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Does Lawsuit Funding End When a Case Goes to Trial?

No. Moving from settlement negotiations to trial preparation does not automatically end an existing lawsuit funding arrangement.

Fast Funds describes its lawsuit funding as a non-recourse purchase of a portion of anticipated case proceeds, not a traditional loan. Repayment is tied to a successful financial recovery, rather than recurring monthly payments while the case remains pending.

You can review the funding process here:

https://fastfunds.us/how-litigation-funding-works/

If your case continues toward trial, your attorney still controls the legal work. That can include discovery, depositions, motions, expert preparation, settlement discussions, witness preparation, and courtroom strategy.

Fast Funds states that it does not interfere with an attorney's handling of a case. Its role is limited to evaluating the claim and the potential recovery for funding purposes.

TRIAL PREPARATION DOES NOT AUTOMATICALLY TRIGGER REPAYMENT. YOUR FUNDING AGREEMENT REMAINS THE DOCUMENT THAT CONTROLS WHEN AND HOW REPAYMENT OCCURS.

Why Going to Trial Can Extend the Funding Timeline

A trial date can mean that your case remains unresolved longer than expected.

Before trial, attorneys may need to complete discovery, take or defend depositions, prepare expert witnesses, address motions, exchange evidence, attend conferences, and meet court deadlines. Settlement discussions can continue during this period.

Some cases settle before trial. Some settle during trial preparation. Others proceed through a full jury or bench trial. There is no single timeline that applies to every lawsuit.

If you have already received lawsuit funding, a longer case timeline can matter because your regular expenses may continue while the lawsuit remains pending. Depending on your situation, those expenses may include:

  • Rent or mortgage payments
  • Utilities
  • Groceries
  • Transportation
  • Insurance premiums
  • Medical expenses
  • Childcare
  • Other household expenses

Lawsuit funding can provide financial flexibility while you wait for the legal process to continue. Fast Funds states that its non-recourse advances do not require monthly payments and do not charge interest. Repayment depends on a successful recovery.

Learn more about litigation funding:

https://fastfunds.us/litigation-funding/

- WHAT CLIENTS ARE SAYING -

In June, my wife and I asked our attorney about giving us a loan against any settlement proceeds from our case. He told us that the state bar does not
permit lawyers to participate in the financing of clients. The offer of settlement was very low so the case needed to be filed in court. I called Fast Funds. Within 24 hours, I had entered into an agreement with them, selling a very small portion of the anticipated proceeds to them in exchange for immediate financing. Now my suit is in court and I don't have to worry about money until it's outcome. Thank god for Fast Funds
B.G.
As a result of the advances you have made to our client, we were able to refuse an extremely low settlement offer and take the case to court. We settled the day of the trial for a very generous sum. Had there been no advances by Fast Funds, our client would have had no choice but to accept the inadequate offer since he was in severe debt due to his inability to work. Thank you for your helpful assistance in providing our client with the ability to persevere.
C.F.
I was involved in an accident which took my left leg. I was forced to live homeless for eleven months. Thanks to the Fast Funds people advancing money. I now live in an apartment,I am walking on a prosthetic and otherwise getting my life back together, even though my attorney has not yet settled my lawsuit. I don't know what I would have done for money because the insurance company has offered nothing so far.
A.R.S.
I was involved in an auto accident which caused me to suffer a herniated disc. Because of this injury, I was forced to miss many months of work. I had no income and no place or person to turn to for money. My attorney told me he was unable to help with any financing and the insurance company was refusing to settle the case. I turned to a company called Fast funds. They immediately reviewed my file and took the financial pressure off by providing me with interim financing. I am now able to wait for as long as it takes for my lawyer to achieve a successful result in my case. Without the financial involvement of Fast Funds, I don't know what I would have done.
K.P.
I wanted to thank you for your sensitivity in helping me cope through a very difficult time in my life. Without your help, I would have been unable to pay my rent , forcing my wife and children to be put on the street. I have not been able to return to work and I was tempted to accept the insurance company's very low offer to settle, even though I knew it was not fair or reasonable. You have given me the ability to withstand the financial pressures. Thanks for your help. I will never forget it
C.S.
I have in the past referred clients to Fast Funds Inc., a non-recourse company. The experience of my clients
and my firm were totally positive. Fast Funds was responsive to the clients financial and emotional needs, provided the necessary emergency money and did not interfere in any manner with my handling of the cases. The clients, without my input, negotiated the advance directly with the company. In each case, they were completely satisfied with the final result of the case, including the amount of profit earned by Fast Funds. Non-recourse funding is clearly a valuable tool to the plaintiff's attorney.
M.J.L.
"I am writing to recommend the valuable assistance of the Fast Funds Inc., a company that provided interim funding to financially needy clients. They help to insure that a case will be brought to a successful resolution. A good case in point is when I was offered $75,000.00 for a seriously injured client. Had she not been able to take advantage of the advance financing offered by Fast Funds, I would have been forced to take the money. As it turned out, because my client now had the financial ability to withstand the pressures of time, I tried the case to a jury and received a verdict of $315,000.00.
M.S.D.
It is my belief that non-recourse companies, such as Fast Funds, the company to whom I refer my needy clients, perform an invaluable service to both the client and the attorney. Simply put, it is common knowledge that one of the tools negotiation utilized by insurance companies is time. Offering
considerably less money than the actual case value to a client in desperate need of funds while the case is pending, gives the insurance companies a tremendous advantage. This advantage is minimized and the playing field is leveled when the client has the ability to obtain funds for a minimal portion of the anticipated proceeds. Many times, with no prospects of income, an injured party will settle the case for whatever offer is made.
R.J.F.

What Happens to Lawsuit Funding If You Win at Trial?

If you receive a monetary judgment and that judgment ultimately results in a qualifying financial recovery, the lawsuit funding obligation is addressed according to the signed funding agreement.

You normally do not make monthly payments while the case is pending. Repayment occurs from the successful recovery under the terms of the agreement.

When case proceeds become available, your attorney may need to address several obligations before distributing the remaining funds to you. Depending on your case and jurisdiction, those obligations can include:

  • Attorney fees
  • Litigation expenses
  • Medical liens
  • Other valid liens or obligations
  • Lawsuit funding repayment

The amount left for you depends on the total recovery and the deductions that apply to your case.

A verdict does not always mean that funds will be available immediately. Post-trial motions, collection issues, payment processing, or an appeal can delay final distribution. Ask your attorney what procedural steps may follow a verdict in your case.

What Happens If You Lose at Trial?

A trial loss does not always mean that every legal option is finished. Depending on the case, post-trial motions or an appeal may still occur. For funding purposes, the key issue is whether the case ultimately produces a qualifying financial recovery under your agreement.

Fast Funds states that its lawsuit funding is non-recourse. If your case ultimately produces no qualifying recovery, you do not repay the advance.

That is a major difference between non-recourse lawsuit funding and a conventional loan. A conventional loan generally creates a repayment obligation regardless of whether a lawsuit succeeds. Non-recourse lawsuit funding is tied to the recovery from the claim.

Courtroom outcomes cannot be guaranteed. Evidence, disputed facts, legal rulings, witness testimony, and the decisions of a judge or jury can affect the result.

Read your written funding agreement carefully before signing, and ask questions about any provision that you do not understand.

You can review common funding questions here:

https://fastfunds.us/litigation-funding-faqs/

Can You Request More Lawsuit Funding Before Trial?

Possibly. If you already received funding, you may be able to request an additional advance before trial.

Approval is not automatic. A funding company may conduct another review because the case may have changed since the first advance was approved.

The review may consider:

  • The current status of the lawsuit
  • New evidence or deposition testimony
  • Liability issues
  • The nature and extent of your injuries
  • Medical treatment and related documentation
  • Existing medical liens
  • Case expenses
  • Prior lawsuit funding
  • Settlement discussions or offers
  • Available insurance coverage
  • The amount of additional funding requested
  • The estimated potential recovery

The amount already funded is especially relevant. Attorney fees, medical liens, case costs, prior funding, and any new advance can all reduce the amount that remains for you after a successful recovery.

Before requesting more funding, consider how the additional advance could affect your expected net proceeds.

Learn more about pre-settlement funding:

https://fastfunds.us/pre-settlement-funding/

How Trial Preparation Can Affect a Funding Review

A lawsuit may look different near trial than it did when you first applied for funding.

Months of litigation can produce new information. Depositions may be complete. Medical treatment may have progressed. Expert reports may be available. The court may have ruled on motions. The defendant may have made or changed a settlement offer.

These developments can affect how a funding company evaluates the potential recovery.

If you request another advance, the funding company may contact your attorney for updated case information. The purpose of that review is to evaluate the funding request and the potential recovery, not to control legal strategy.

You and your attorney remain responsible for decisions about settlement and trial.

What Should You Review If You Already Have Lawsuit Funding?

If your case is approaching trial and you already received an advance, review your funding agreement before making financial plans or requesting more money.

Make sure you understand:

  • How much you originally received
  • How much is currently owed under the agreement
  • What event triggers repayment
  • Whether the amount owed changes over time
  • Whether you have advances from another funding company
  • How attorney fees may affect your net recovery
  • How medical liens and case costs may affect your net recovery
  • What happens if the case ultimately produces no qualifying recovery

You can also discuss the financial picture with your attorney. Questions may include:

  • Has the expected value of the case changed?
  • Are there new medical liens or litigation costs?
  • Has the defendant made a settlement offer?
  • Could post-trial proceedings or an appeal delay payment?
  • What obligations may be deducted from a recovery?
  • How much may remain after fees, costs, liens, and funding obligations are satisfied?

These questions cannot predict what a judge or jury will decide. They can help you understand the financial effect of taking another advance.

A Florida Trial Example

Consider a represented plaintiff in Florida who was seriously injured in a car accident and received lawsuit funding while unable to work.

Months later, settlement negotiations have not resolved the claim, and the attorney begins preparing for trial. The plaintiff still has rent, medical expenses, utilities, transportation costs, and other household expenses and is considering another funding request.

Before approving an additional advance, a funding company may request an updated case status from the attorney. The review may include information about liability, medical treatment, settlement discussions, prior funding, liens, available insurance coverage, and the estimated potential recovery.

If additional funding is approved, the plaintiff should review how the new advance could affect the amount remaining after a successful settlement or judgment.

If the case ultimately produces no qualifying recovery, the non-recourse terms of the signed funding agreement control the repayment obligation.

This example is for illustration only. It does not guarantee approval, settlement value, trial results, or the timing of any recovery.

Does Lawsuit Funding Determine Whether You Should Go to Trial?

No. A lawsuit funding company does not decide whether you should accept a settlement or continue toward trial.

That decision belongs to you in consultation with the attorney handling your case. Your attorney can explain the evidence, legal risks, settlement offers, court procedures, deadlines, and possible outcomes.

A funding company can explain the terms of a financial advance and review the case for funding purposes. It does not replace legal advice.

Fast Funds states that it does not interfere with an attorney's handling of the lawsuit. Keeping those roles separate helps you understand who is responsible for legal advice and who is responsible for explaining the funding agreement.

What Happens If the Case Settles Right Before Trial?

A scheduled trial does not prevent the parties from reaching a settlement.

Settlement discussions may continue while attorneys prepare for trial. If the case settles before opening statements, during jury selection, during trial preparation, or at another point before a final verdict, the lawsuit funding obligation is handled from the settlement proceeds according to the signed agreement.

The repayment structure is based on the funding agreement and the successful financial recovery, not only on whether the recovery came from a settlement or a courtroom judgment.

Learn more about lawsuit advances:

https://fastfunds.us/lawsuit-advances/

How Can Additional Funding Affect Your Net Recovery?

An additional advance can give you more money while your case is pending, but it also creates another funding obligation against a successful recovery.

Before accepting more funding, compare the amount you would receive now with the amount that may have to be repaid from the case proceeds. You should also consider other deductions that may apply.

A simple review should include:

  • Expected gross recovery
  • Attorney fees
  • Case expenses
  • Medical liens
  • Existing lawsuit funding
  • Proposed additional funding
  • Other valid obligations
  • Estimated amount remaining for you

The final numbers can change as the case develops. Your attorney can help you understand known fees, costs, liens, and procedural issues. The funding company can explain the repayment terms of the advance.

Get Clear Answers Before Trial

When a funded lawsuit moves toward trial, the existing advance generally remains tied to the outcome of the claim. Trial preparation does not automatically create monthly payments or immediate repayment. The main financial questions involve the expected recovery, the length of the case, existing obligations, and the effect of any additional funding on the amount that may remain for you.

Fast Funds, Inc. offers a free consultation for qualifying represented plaintiffs seeking lawsuit funding in eligible states. If your lawsuit is approaching trial and you have questions about an existing advance or a possible additional advance, call (855) 576-2618.

Or visit:

https://fastfunds.us/contact-us/

This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.