There are secrets to litigation finance that every plaintiff should know prior to applying for lawsuit funding. Too many plaintiffs rush to litigation finance as the answer to their current cash flow problems without completely understanding the intricacies behind litigation funding. This article should shed some light on plaintiff litigation finance and the secrets that some litigation finance companies use to make money

What is litigation finance?

Litigation finance is not a “loan” but rather it is a cash advance based upon the merits of a lawsuit that provides a plaintiff with sufficient funding to reach the conclusion of the case when the plaintiff will receive his/her fair share of the settlement or verdict. Litigation finance companies invest in the lawsuit itself as opposed to advancing money to the plaintiff in the form of a loan. Litigation finance is not based on a plaintiff’s prior credit or bankruptcy status. Other terms used for this type of funding include: lawsuit loan, litigation funding, litigation loan, lawsuit funding, lawsuit finance, lawsuit cash advance, case loan, case cash advance, plaintiff cash advance, litigant funding, pre-settlement loan, pre-settlement lending, pre-settlement cash advance, etc.

How do litigation finance companies make money?

All litigation finance companies are different and charge interest and fees differently. We all agree that litigation finance companies assume a lot of risk due to their investment in the lawsuit as opposed to investing in the plaintiff. The investment is therefore only as solid as the case. We are all familiar with how quickly a good case can get thrown-out or a jury can award a large settlement for a case that we could call “frivolous.” The United States justice system never ceases to surprise us. With that in mind, the investments of litigation finance companies are risky. They must charge relatively high interest rates on the cases that are successful in order to make-up for the unsuccessful cases. Some litigation finance companies use a multiplier instead of an interest rate which is really just a different way of accomplishing the same thing.

Are there other fees associated with litigation finance?

Again, all litigation finance companies are different and charge interest and fees differently. Generally speaking, the answer to this question is “yes.” These fees usually show-up on the contract that the plaintiff’s attorney must sign and are then taken from the settlement upon a successful case. Some examples of these fees include: origination fees, application fees, documentation fee, closing costs/fees, premature payoff penalty etc. These fees are not that different from traditional loans but plaintiffs should be aware of these so they are not blind-sided when they see these fees.

Is litigation finance a different way of getting my settlement?

Litigation finance should not be a substitute for your settlement but rather a raft that helps you stay afloat while your attorney fights for you. Too many plaintiffs apply for litigation finance with the belief that litigation finance is simply a different way to get their settlement money. Assuming you win your case, the amount owed to the litigation finance company varies greatly depending upon the length of time between the date of the advance and the date when you receive the settlement/verdict money. You should exhaust other means of funding first. Some good sources of information about litigation finance are The Funding Exchange (www.TheFundingExchange.com) and Expert Law (www.expertlaw.com).

Conclusion

As a plaintiff, you should understand litigation finance and the process of securing funding before you apply. If your expectations are set appropriately and you proceed with litigation finance then you will find that it is a saving grace in the turbulent world of litigation. If you apply for litigation finance without a true understanding then you may be disappointed.

The advantages of financing are greater than ever. Any business or organization can benefit from these advantages which include reduced costs, simplified budgeting, credit preservation and flexibility. When it is time for your business to make a financing decision, equipment financing allows you to take full advantage of business opportunities while enjoying critical flexibility and investment protection.

More for Your Money

Many businesses struggle with the need to grow while feeling constrained by a lack of capital. What so many business owners don’t know is that equipment financing can increase your buying power and decrease your expenses. When you finance rather than use working capital, you can afford a more complete solution while making lower monthly payments and paying little or no up-front costs. This leaves your working capital intact while allowing for the needed growth.

The larger the business acquisition, the greater the benefits of financing. For large-scale projects financing can mean the difference between making those changes now and putting them off indefinitely. Putting off necessary changes often means taking your business out of a competitive market position – a position that can be difficult to regain.

Critical Business Advantage

As the business landscape changes on a daily basis, it can be imperative for your own business to adapt and grow to match the market. This is especially true for software and services that are vital but can have large up-front costs. Unfortunately, there are many companies that lack – or think that they lack – the resources required to purchase all of the equipment needed to keep their businesses productive.

Financing can expedite this business transformation by letting you add necessary service capacity, reduce the risk of your technology becoming obsolete and can decrease the total cost of ownership. Equipment financing can provide flexible payment options tailored to your specific budget requirements or timed to match your benefit streams, enabling your company to afford all of the components necessary to maintain a competitive business edge.

Speeding Up Your Business

Other obstacles to keeping businesses moving ahead at an effective pace can include budget constraints and the lack of capital. But emerging markets and those ever present competitors won’t wait for you to catch up. Financing those business purchases means that a lack of capital doesn’t have to cripple your business endeavors.

Equipment financing enables companies to quickly adapt to changing competitive environments, and any business strategy should include access to flexible and competitive financing options. Take some time to research equipment financing companies. The good financing programs offer customers competitive, flexible financing solutions for acquiring hardware, software and any other equipment that your business might need.

Competitive Advantage

It is a simple fact that business solutions are becoming obsolete faster than ever. A customer-focused equipment financing program provides flexible, cost-effective solutions that can help you acquire the technological components that you need to migrate to new business models and to maintain your competitive edge including software applications. This benefit can help ensure that your business never faces the specter of business obsolescence.

You should consider taking advantage of the flexibility that financing offers if your business is in the market for new equipment. This flexibility can help you stay ahead of the technology curve, and ahead of the competition.

A Hedge Against Inflation

With an economy that may seem less than stable, it is important that businesses, especially newer businesses, take advantage of every opportunity that gives them protection against tough economic times. Postponing growth is not necessarily the best way to protect your business as it can result in a loss of customers if you can’t offer them the services that they need or want.

When growth becomes a necessity, equipment financing can allow you to grow the way that you need without making your financial base less stable. The right equipment financing program not only gives you the access to capital that you need for growth but it could also lock in the rates for the loan. This means that you won’t have to worry about your rates falling victim to inflation… ever!

Don’t Fear Financing

The business world can be cutthroat. That’s no secret. So in the quest to keep your own business competitive or to grab a bigger share of the market, don’t let the lack of capital inhibit your plans. It would be nice if we could all expand using only the capital at hand, but that is simply not realistic. Equipment financing can be a very valuable tool and one that offers many benefits. It should not be feared. There are plenty of financing programs available that offer flexible and tailored terms to fit your needs. Do your homework and you will find a lender that will work with you rather than against you. In the long run, that financing could be the most valuable weapon in your business arsenal.

Many startup companies believe that they do not need a lawyer to help them with their business dealings. In the early stages, this may be true. However, as time goes on and your company grows, you will find yourself in situations where it is necessary to hire a business lawyer and begin to understand all the many benefits that come with hiring a lawyer for your legal needs.

The most straightforward approach to avoid any future legal issues is to employ a startup lawyer who is well-versed in your state’s company regulations and best practices. In addition, working with an attorney can help you better understand small company law. So, how can a startup lawyer help you in ensuring that your company’s launch runs smoothly?

They Know What’s Best for You

Lawyers that have experience with startups usually have worked in prestigious law firms, and as general counsel for significant corporations.

Their strategy creates more efficient, responsive, and, ultimately, more successful solutions – relies heavily on this high degree of broad legal and commercial knowledge.

They prioritize learning about a clients’ businesses and interests and obtaining the necessary outcomes as quickly as feasible.

Also, they provide an insider’s viewpoint and an intelligent methodology to produce agile, creative solutions for their clients, based on their many years of expertise as attorneys and experience dealing with corporations.

They Contribute to the Increase in the Value of Your Business

Startup attorneys help represent a wide range of entrepreneurs, operating companies, venture capital firms, and financiers in the education, fashion, finance, health care, internet, social media, technology, real estate, and television sectors.

They specialize in mergers and acquisitions as well as working with companies that have newly entered a market. They also can manage real estate, securities offerings, and SEC compliance, technology transactions, financing, employment, entertainment and media, and commercial contracts, among other things.

Focusing on success must include delivering the highest levels of representation in resolving the legal and business difficulties confronting clients now, tomorrow, and in the future, based on an unwavering dedication to the firm’s fundamental principles of quality, responsiveness, and business-centric service.

Wrapping Up

All in all, introducing a startup business can be overwhelming. You’re already charged with a host of responsibilities in which you’re untrained as a business owner. Legal problems are notoriously difficult to solve, and interpreting “legalese” is sometimes required. Experienced business lawyers know these complexities and can help you navigate them to avoid stumbling blocks.

Although many company owners wait until the last minute to deal with legal issues, they would benefit or profit greatly from hiring an experienced startup lawyer even before they begin. Reputable startup lawyers can give essential legal guidance, assist entrepreneurs in avoiding legal hazards, and improve their prospects of becoming a successful company.