How Much Does Legal Funding Cost?
The foregoing is one of the, if not the, most frequently asked questions posed to us. The problem with the question is that it is not the question individuals considering a legal funding should ask!
Remember, you will not be negotiating your lawsuit unilaterally. When you file suit, it is unlikely that the defendant is going to readily admit fault. As an expert witness, I’ve testified in more than 100 personal injury cases and have never encountered a situation in which the defendant readily admitted liability if the case actually goes to trial. It is for this reason that the case drags on and you are left with the following options (1) either accept a ridiculously low offer to settle your claim; or (2) obtain legal funding to assist with expenses to enable you to pursue the case to the end.
It is amazing how frequently an individual who readily admits liability at the time the incident occurred, adamantly deny liability once compensation for injuries/damages sustained is pursued. In fact, in many cases, it is now you to whom liability should be ascribed, per this once docile defendant. Are you surprised? “Not really,” you hesitatingly admit. Legal funding is often required simply to assist you with expenses while this “cat-and-mouse” game goes on with the putative payer.
When you file suit against someone who injures/harms either you or a loved-one, it is likely that the individual will have an insurance carrier that will zealously defend its insured’s actions. In many situations, the attorney representing the individual against whom you file your suit meets the defendant for the first time the day the trial begins.
It would be extremely helpful for you to realize that the defense attorney’s motives have nothing to do with the party against whom you filed your lawsuit. The defense attorney’s motives are purely directed at the insurance carrier that is paying the bill. Of course, I’m fully aware of the fact that the defense attorney formally represents the party against whom you filed your claim. However, this is a sham! This sham is one of the primary factors in forcing you to seek financial assistance (e.g., a legal funding). In fact, legal funding is often plaintiffs only hope to continue with litigation.
Keep in mind, in most instances, your lawsuit will actually turn out to be against the insurance company. Insurance companies don’t make money by paying injured plaintiffs without hesitation. It is the insurance company’s reputation for denying virtually every lawsuit submitted to it that has created the disdain many individuals have toward insurance companies. It should be borne in mind that neither you nor your legal representative, in the presence of the jury, will be permitted to make any reference whatsoever to an insurance company that may be ultimately on-the-risk to pay the claim. In fact, if you even mention the word insurance company during the trial, the defendant may seek and, in many instances, obtain a mistrial.
This article is intended to dispel any notion that you may have had that the insurance carrier is interested in seeing to it that you as the plaintiff obtain a fair-and-equitable settlement and it certainly wants to keep you from obtaining legal funding. In fact, the insurance carrier doesn’t want to pay you a dime on your claim! If it weren’t for this fact, no suit would have been filed. If it weren’t for this fact, your case would not be dragging on, in many cases, for years. It is at this point that the plaintiff’s options are customarily limited to either accepting an unreasonable settlement offer the insurance carrier makes, or obtaining legal funding that would allow the plaintiff to pursue the action to an appropriate conclusion.
You see, the question really isn’t, “How much does legal funding cost?” The real question is, “Does legal funding cost or pay?” You decide!
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