Have questions about pre-settlement funding? Find answers about eligibility, costs, repayment, and how the application process works at Express Legal Funding. Explore the FAQs below to understand your options and what to discuss with your attorney before applying.
General Pre-Settlement Funding FAQs
Pre-settlement funding is a non-recourse cash advance provided to qualifying plaintiffs who are waiting for their legal claims to settle. The advance is based on the anticipated recovery from the case rather than the applicant’s income or credit score. Repayment generally comes from a successful settlement or judgment, subject to the funding agreement’s terms and exceptions.
The process begins with an application and a review of your legal claim. The funding company contacts your attorney to obtain information about liability, damages, insurance coverage, and expected recovery. If approved, you receive a funding offer outlining the advance amount, fees, and repayment terms. Once the agreement is completed, the funds are disbursed.
No. Pre-settlement funding is generally structured as a non-recourse advance against the proceeds of a legal claim rather than a traditional personal loan. Unlike conventional loans, repayment is typically required only when the case produces a monetary recovery. However, legal classification varies by state, and applicants should carefully review their funding agreements.
Pre-settlement funding may help cover personal expenses while your lawsuit is pending, including rent, groceries, utilities, transportation, and medical bills. The permitted uses depend on the funding agreement and applicable law. Consumer legal funding is generally intended for personal financial needs rather than paying the costs of pursuing the lawsuit itself.
You may qualify if you have an eligible pending legal claim, are represented by an attorney, and have a reasonable likelihood of receiving compensation. Funding companies evaluate factors such as liability, injury severity, available insurance, and expected settlement value. Eligibility also depends on applicable state law and the funding company’s underwriting requirements.
Common qualifying cases include car accidents, truck accidents, slip and falls, medical malpractice, defective products, and wrongful death claims. Certain other civil lawsuits may also qualify depending on their circumstances. Having a particular type of lawsuit does not guarantee approval because the strength of the claim and expected recovery must still be evaluated.
Express Legal Funding generally requires applicants to have an attorney representing them in their legal claim. Your lawyer helps verify the case information, provides relevant documentation, and coordinates repayment from any eventual recovery. Attorney cooperation is important because funding approval depends on information that applicants may not have independently.
Yes, potentially. Express Legal Funding does not require a hard credit check, and applicants generally do not need employment income to qualify. Funding decisions focus primarily on the legal claim and anticipated recovery. However, approval is not guaranteed, and other eligibility requirements must still be satisfied.
The amount depends on your case’s anticipated recovery, liability evidence, available insurance, existing liens, attorney fees, and other financial obligations. A funding company generally advances only a portion of the expected settlement proceeds. Requesting only what you reasonably need can help preserve more of your eventual compensation.
Pre-settlement funding costs depend on the agreement’s pricing structure, applicable fees, and how long the advance remains outstanding. Some agreements use fixed charges, while others calculate charges over time. Before signing, request written repayment examples showing how much you may owe if your case settles at different dates.
With qualifying non-recourse funding, you generally do not repay the advance if your case ends without a monetary recovery. Repayment ordinarily comes from the proceeds of a successful settlement or judgment. However, agreements may contain exceptions, including provisions involving fraud or misrepresentation, so review the contract carefully.
Pre-settlement funding does not automatically reduce the gross amount a defendant or insurer agrees to pay. However, repayment of the advance and applicable fees reduces the net settlement proceeds you receive. Your attorney can help explain how funding repayment, legal fees, case expenses, and medical liens affect the amount remaining after settlement.
Possibly. Additional funding may be available if your case has sufficient anticipated recovery remaining after accounting for existing advances, attorney fees, medical liens, and other obligations. A second advance requires a separate review and may increase your total repayment amount. Approval is not automatic.
Express Legal Funding FAQs
You can apply online through Express Legal Funding or call (888) 232-9223. You will generally need to provide your contact information, details about your legal claim, and your attorney’s contact information. The funding team reviews your application and contacts your lawyer for the information needed to evaluate eligibility.
Some applicants may receive funds within a few business days after their application, case review, attorney verification, and required documentation are completed. The timeline depends on the complexity of the claim and how quickly the necessary information becomes available. Same-day or next-day funding is not guaranteed.
Required documents vary by case. The funding company may request:
- accident reports
- medical records
- insurance information
- case status updates
- and other materials supporting liability and damages.
Your attorney typically helps provide the necessary legal documentation. Additional information may be required before a funding decision can be made.
Yes. Your attorney may decline to participate if they have concerns about the funding agreement, repayment obligations, or the effect on your settlement proceeds. Because Express Legal Funding requires attorney cooperation, an application generally cannot proceed without the necessary verification and documentation. Discuss any concerns with your lawyer before applying.
No. Express Legal Funding does not offer pre-settlement funding in every state. Funding availability depends on state laws, regulatory requirements, and the circumstances of the legal claim.
Express Legal Funding lists the following states it serves:
- Alabama
- Arizona
- Florida
- Georgia
- Louisiana
- Michigan
- Minnesota
- Mississippi
- Missouri
- New Jersey
- New Mexico
- New York
- Oklahoma
- Oregon
- Pennsylvania
- Texas
- Virginia
- Washington
- Wisconsin
Applicants should contact Express Legal Funding to confirm whether funding is currently available in their state and whether their case qualifies.
You can check your application through the Express Legal Funding Portal or contact the company’s team for assistance. The team can explain whether your application is under review, whether additional documentation is needed, or whether the company is waiting for information from your attorney.
Non-recourse means the funding company’s repayment rights are generally limited to the proceeds of a successful legal claim. If your case ends without a monetary recovery, you ordinarily do not repay the advance. However, the agreement may contain exceptions, including provisions involving fraud or misrepresentation. Always review the terms before signing.
Pre-settlement funding advances are generally not treated as taxable income when structured as qualifying non-recourse transactions. However, the tax treatment depends on the agreement and applicable law. The eventual lawsuit settlement may have separate tax consequences based on the types of damages recovered. Consult a qualified tax professional about your situation.
Consumer protections vary by state. Some states regulate legal funding agreements through disclosure requirements, cancellation rights, fee restrictions, and attorney acknowledgment provisions. Other jurisdictions apply broader contract or consumer protection laws. Before accepting funding, review the written terms and ask your attorney which protections apply in your state.
An application may be denied because of disputed liability, insufficient evidence, limited insurance coverage, low expected recovery, existing settlement obligations, or lack of attorney cooperation. State restrictions may also affect eligibility. A denial does not necessarily mean your lawsuit lacks merit; it means the claim did not satisfy the funding company’s requirements.
Ask your attorney whether funding is appropriate for your financial situation, how much you may reasonably need, and how repayment will affect your net settlement proceeds. You should also discuss the agreement’s fees, potential payoff amounts, existing medical liens, and alternatives to funding before making a decision.
Disbursement generally occurs after the funding agreement is completed and all required attorney documentation and verification are received. The timing depends on the payment method, processing requirements, and any outstanding conditions. Some applicants receive funds quickly, but approval does not guarantee same-day or next-day delivery.
Express Legal Funding offers several ways to receive your approved funds: Western Union, real-time payment through the Express Legal Funding Payment Portal, e-check, overnight check, and standard or same-day ACH. Contact our team to confirm which options are available to you and the expected delivery time.
Pre-settlement funding is generally not taxable when structured as a loan for tax purposes, but treatment depends on the agreement and your circumstances. Your eventual settlement may also include taxable amounts, so consult a tax professional. Read more about taxes on pre-settlement funding.