Lawsuit Loans – Caveat Emptor!

Written by Wayne C Walker

If you have been injured in an accident it is quite likely that you have been financially stressed as a result, and are in need of an advance against your insurance claim, lawsuit or other legal action. If you are looking for someone to lend you money based on your future settlement, BEWARE! There are reputable sources available but, unfortunately, there are many more disreputable ones as well. In this article we will explain what to look for in a funding company and how to avoid being burned.

First of all lawsuit loans are not really loans – they are non-recourse investments and are not subject to usury laws. To avoidrepparttar usury limits, which would renderrepparttar 148686 product economically infeasible,repparttar 148687 typical lawsuit loan or lawsuit funding transaction is done inrepparttar 148688 form of an investment rather than a loan. This means thatrepparttar 148689 funding company only gets paid ifrepparttar 148690 lawsuit or claim is successfully resolved. If you lose your case you own them nothing! Generally speaking, this non-recourse element rendersrepparttar 148691 transaction an investment (not a loan) underrepparttar 148692 law[1].

Inrepparttar 148693 past, there were no sources of help available to personal injury victims due to a strange confluence of circumstances. 1.Bar Association rules of ethics prohibit your attorney from lending you money for anything but case expenses, experts, tests, travel torepparttar 148694 doctor etc. This rule exists for your benefit. The Bar is rightly concerned that if your lawyer lent you money against your future settlement, a conflict of interest might arise, and you could be pressed into accepting a settlement that was less than you otherwise would accept. Also, attorneys are not banks and they simply can’t afford to operate their law practice and be a lending institution as well. 2.Banks and traditional lending institutions do not haverepparttar 148695 skills to evaluate personal injury lawsuits and thus, will not lend money to someone whose primary asset is their lawsuit. About seven years ago, this void inrepparttar 148696 financial system started to be filled by a number of entrepreneurial companies – some good, some bad. It was a rather strange group consisting largely of lawyers, wall streeters, and well-heeled business people. They used their own capital to fund cases and a new industry was born.

In these early years fees were very high and contracts very severe. While rates generally ranged from 3% to 6% per month, it was not uncommon to see contracts with rates of 15% per month, compounded! Contracts were also very Byzantine. However, rates have steadily come down and contracts, while not exactly consumer friendly yet, have become less severe. In short,repparttar 148697 business was maturing into a responsible part ofrepparttar 148698 specialty finance industry.

However, overrepparttar 148699 past two years or so, American Cash Flow Corporation[2], a “marketing” company with a rather checkered history, targetedrepparttar 148700 industry for promotion. Since then,repparttar 148701 lawsuit funding industry has resembled a Wild West gold rush attracting an unbelievable number of “get-rich-quick” rip-off artists, amateur lending brokers with no experience and just plain folks who paid their $5,995 ($2,495 forrepparttar 148702 tape course) to become a “cash flow broker” and are trying to make their fortune.

Virtually all of these “cash flow brokers” are just that – brokers. They do not invest their own money to fund lawsuit advances. However, they all do have websites that trumpet their expertise without revealing that they have none and are not acting as principal. If you are not careful dealing with them can make your situation worse – much worse.

Tips for shopping for a lawsuit funding: •Deal with a company that is investing for its own portfolio. Otherwise, you could wind up paying a great deal more than necessary. Do not deal with brokers - someone has to payrepparttar 148703 brokers fee and that someone is you! Would there be so many brokers if their commissions were not high? •Deal only with certified websites. When applying online, deal with a website that hasrepparttar 148704 seal of Trust-e or one ofrepparttar 148705 other recognized non-profit website privacy confirmation organizations. Your personal information may be used improperly. •Do not supply information that is not otherwise discoverable. Certain information is privileged (between you and your attorney) but that privilege is lost once it is shared with a third party. An inexperienced funding company may require information about your case that, once in their possession, will lose its attorney-client privilege and may be subpoenaed byrepparttar 148706 defendant. Experienced companies like CapTran never ask for this type of information. •Look forrepparttar 148707 best rate. Some companies like CapTran offer best rate guarantee. If CapTran approves a case and makes an offer, they will match or beat any legitimate competitor’s written offer or pay you $200. (You only getrepparttar 148708 $200 if they fundrepparttar 148709 case or you turn their offer down for some other reason.) •Do not make multiple applications with different funding companies. First of all, you have no way of knowing if that company is going to try to sell your deal to one ofrepparttar 148710 others to which you have applied (which will not sit very well withrepparttar 148711 real funding source). Multiple applications create a nuisance for your attorney since he or she will have to complete many requests for information. Your best bet is to make an informed choice and work with that company. •Check with your attorney. Never sign a complicated contract such as a lawsuit funding agreement without first consulting with your attorney. Questions to ask a funding company: 1.How long have you been in business? The lawsuit funding industry is very young and has a great number of brokers and inexperienced companies with no real money. A sure tip-off is ifrepparttar 148712 company advertises a mind-boggling array of financial products and services including note purchasing, account receivable financing, structured settlements, purchasing of lottery winnings etc. They simply want to shop your funding application until they find someone with money to fund it. Meanwhile, nothing is really happening with your application. If a company advertises that they work with a “network of investors” it simply means that they have no real funds of their own and therefore, cannot make a funding decision themselves.

Ten tips for choosing a personal injury solicitor

Written by Paul Johnson

Have you suffered an injury in an accident that wasn’t your fault? Have you had to take time off work to recover from your injuries? Have you needed to pay for medication or treatment? If so, you may be considering making a claim for compensation fromrepparttar person who causedrepparttar 148093 accident. How will you decide which solicitor to use to represent your claim?

Deciding which personal injury solicitor to use is a vital decision which should not be taken without careful consideration. Your choice of solicitor will determine how much compensation you will receive,repparttar 148094 standard of any treatment organised and how efficiently your claim is dealt with.

To help you makerepparttar 148095 right decision we have compiledrepparttar 148096 ten most important questions to ask when choosing a personal injury solicitor to deal with your claim:

1.Are you a member of The Law Society’s Personal Injury Panel? The Law Society of England and Wales isrepparttar 148097 professional body for solicitors and setsrepparttar 148098 standards forrepparttar 148099 entire industry. To become a member ofrepparttar 148100 society’s Personal Injury Panel solicitors must meet strict requirements and are independently assessed on an annual basis.

2.Are you accredited by Chambers UK Guide To The Legal Profession? This guide is widely regarded asrepparttar 148101 leading source ofrepparttar 148102 UK’s top personal injury solicitors and barristers. This guide is unlike any other, as solicitors are only included when recommended byrepparttar 148103 market. No-one can buy their way intorepparttar 148104 rankings.

3.How many years experience do you have in personal injury claims? Experience is important in any profession, but it is particularlyrepparttar 148105 case withrepparttar 148106 legal profession. Personal injury solicitors who have dealt with claims for a long period of time generally have a more thorough understanding ofrepparttar 148107 law andrepparttar 148108 legal process. They will have more experience in dealing with different types of claims and should have a good success rate, which will have big influence onrepparttar 148109 outcome of your claim.

4.Do I have to pay any fees? Most solicitors work on a no win, no fee basis – which means your solicitor will take on your case onrepparttar 148110 agreement that if you lose, they will not get paid. However if your claim is unsuccessful, you may still have to pay your opponent’s legal fees and your other expenses. Therefore you should choose a solicitor that offers a completely no cost service which doesn’t require you to pay any fees and protects you fully from all costs.

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