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Last Updated: February 18, 2026 7:39 am
by Aaron Winston

Defendant’s Ability to Pay

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Whether the defendant has sufficient insurance coverage or assets to satisfy a potential settlement or judgment.

In personal injury law, “Defendant’s Ability to Pay” is a critical factor in determining the potential value of a case and the likelihood of a successful recovery. Legal funding companies, like Express Legal Funding, carefully assess this factor before providing pre-settlement funding because it directly impacts the collectability of any future settlement or judgment. If the defendant lacks sufficient resources, even a strong case may not result in adequate compensation for the plaintiff. Ultimately, the defendant’s financial capacity significantly influences the risk assessment and funding decisions made by legal funding providers.

Significance: Highly influential; collectability affects the likelihood of recovery.


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