Settlement Advance: Fast Cash Before Your Case Settles

Updated: March 7, 2025 6:48 am
โ€ข
16 min read
Aaron Winston, Strategy Director at Express Legal Funding.
Aaron R. Winston
Author & Strategy Director

Keypoints

โ€‹The blog post from Express Legal Funding explains that a settlement advance, also known as pre-settlement funding, provides plaintiffs with immediate financial relief during ongoing legal cases. This non-recourse cash advance helps cover essential expenses like medical bills, rent, and daily living costs while awaiting a case resolution. Repayment is only required if the plaintiff wins or settles the case, making it a risk-free option for those facing financial hardships during litigation. Eligibility depends on the strength of the case, potential settlement value, and attorney cooperation, with funds typically disbursed within 24 hours of approval.

Keypoints

  • Definition: A settlement advance is a non-recourse cash advance provided to plaintiffs during active lawsuits.
  • Purpose: Offers immediate financial relief for living expenses and medical bills during the litigation process.
  • Eligibility Criteria: Approval is based on the case’s merits, potential settlement value, and attorney cooperation, not the plaintiff’s credit history.
  • Repayment Terms: Repayment is only required if the plaintiff wins or settles the case; if the case is lost, no repayment is necessary.
  • Funding Timeline: Once approved, plaintiffs typically receive funds within 24 hours, providing quick financial support.

Content Metada

Title:
Settlement Advance: Fast Cash Before Your Case Settles
Thumbnail:
A smiling woman in a green shirt holding a large check, representing settlement advances for plaintiffs.
Author:
Aaron R. Winston
Published Date:
March 4, 2025
Last Updated Date:
March 7, 2025 6:48 am
Publisher:
Express Legal Funding
Copyright Owner:
© Unkown Entity Holdings, LLC

Content Context

Primary Content Category:
Finance > Lending (Confidence: 0.98)
Secondary Content Category:
Law & Government > Legal (Confidence: 0.85)
Relevant Keywords:
settlement advance, lawsuit funding, pre-settlement funding, legal funding, personal injury loan, cash advance lawsuit
Relevant Hashtags:
#SettlementFunding, #LawsuitLoans, #LegalFunding, #PersonalInjuryLoans
Additional Insight:

This page focuses on settlement advances, a form of pre-settlement funding for individuals involved in lawsuits. The target audience includes individuals with pending lawsuits, personal injury attorneys, and those seeking immediate financial assistance during legal proceedings. The content highlights the benefits of obtaining funds before a settlement is reached, emphasizing factors like speed and accessibility. A relevant trend within this financial product is the increasing digitalization of the application and funding process, streamlining access for plaintiffs.

A smiling woman in a green shirt holding a large check, representing settlement advances for plaintiffs.

๐Ÿ’ธ A settlement advance is a financial lifeline for individuals awaiting the resolution of a legal case. It provides immediate access to funds, helping cover essential expenses during the often lengthy legal process.

Understanding how settlement advances work and their benefits is crucial for anyone considering this option.

Can You Get an Advance On Your Settlement?

Yes, you can get an advance on your settlement through pre-settlement funding, which provides plaintiffs with a cash advance based on the expected value of their lawsuit. This type of funding, offered by companies like Express Legal Funding, helps cover essential expenses while waiting for a case to settle, with repayment only required if the case is won.

This blog post provides a step-by-step guide to obtaining a settlement cash advance, ensuring you make informed decisions with confidence from start to finish.

What Is a Settlement Advance?

A settlement advance, also known as pre-settlement funding, is a cash advance provided to plaintiffs involved in a lawsuit. Unlike traditional loans, settlement advances are non-recourse, meaning repayment is only required if you win your case.

A female attorney in a courtroom holding cash, symbolizing a client receiving a settlement advance.

Common scenarios for using settlement advances include personal injury claims, workers’ compensation cases, and other legal disputes where a financial settlement is anticipated.

How Does a Settlement Advance Work?

The process of getting and repaying a settlement advance includes several important steps:

  1. Application: The plaintiff applies for funding through a settlement advance company, more commonly called a legal funding company.
  2. Evaluation: The company evaluates the case’s strength, potential settlement amount, and other factors.
  3. Approval: If approved, the plaintiff receives a cash advance.
  4. Repayment: Repayment occurs only at the end of a successful case, directly from the settlement proceeds.

Key players in this process include the plaintiff, their attorney, and the funding company. Typical terms include no upfront payments and repayment contingent on winning the case.

๐Ÿค” Unsure about which company to choose for your settlement advance? Read our guide: 10 Best Legal Funding Companies in 2025: Scores & Reviews.

A happy woman holding a phone displaying "FUNDED," celebrating after receiving her settlement cash advance.

Settlement advances offer several benefits:

  • Immediate Access to Funds: Cover essential expenses like medical bills and rent without delay.
  • No Upfront Payments: Financial relief without immediate financial burden.
  • Non-Recourse Nature: Only repay if you win your case, reducing financial risk.

Eligibility Criteria for a Settlement Advance

In order to qualify for a settlement advance, specific criteria must be met:

  • Types of Cases: Personal injury, workers’ compensation, construction accidents, and other cases with expected settlements.
  • Case Strength: Funding companies assess the likelihood of winning and potential settlement size.
  • Attorney’s Role: Attorneys provide case details and support the application process. They will also handle the repayment of the funds after settlement.

โš–๏ธ๐Ÿ‘ฉโ€โš–๏ธ Explore the different types of lawyer specialties in our guide: 15 Types of Lawyers: Legal Specialties & Practice Areas.

How to Apply for a Settlement Advance on Your Lawsuit

A man sitting on a porch, talking on the phone about applying for pre-settlement funding, looking relaxed with his dog beside him.

The process of applying for a settlement advance involves:

  1. Gathering Documents: Case details, attorney information, and optionally, documents such as utility bills to prove your financial needs.
  2. Submitting Application: Contact a legal funding company and provide them with the necessary information they need to process your request.
  3. Awaiting Approval: The company reviews your application and decides whether it can approve your requested amount, a lower amount, or none at all.

๐Ÿ’ก Tips for Success: Ensure all documents are accurate and complete, and maintain open communication with your attorney.

Need cash before your case settles?

๐ŸŸข Apply today with Express Legal Funding and get a decision fast!

How Much Money Can I Get from a Settlement Advance?

When considering a settlement advance from Express Legal Funding, one of the most common questions is, “How much money can I get?” The amount you can receive from a settlement cash advance depends on several factors related to your specific case and financial needs.

A strength meter labeled "Strength of Case" in a law library, representing how case strength impacts lawsuit funding eligibility.

Factors Influencing the Cash Advance Amount

  1. Case Value: The potential value of your legal case is a primary determinant. Funding companies, like Express Legal Funding, assess the expected settlement amount based on the details of your case, including the nature of the claim, evidence, and legal precedents.
  2. Case Strength: The likelihood of a favorable outcome also plays a crucial role. Strong cases with clear liability and damages are more likely to receive higher advance amounts.
  3. Financial Needs: Your immediate financial requirements are considered to ensure the advance meets your needs without exceeding what is necessary. This includes covering essential expenses such as medical bills, rent, and daily living costs.
  4. Legal Representation: Having a reputable attorney can positively impact the advance amount. Attorneys provide critical insights into the case’s potential and help facilitate the funding and repayment process.
Two attorneys in green suits standing confidently in a courtroom, representing clients obtaining settlement advances for their cases.

Typical Settlement Advance Amounts

While the specific amount can vary, settlement advances typically average about a few thousand dollars each. At Express Legal Funding, we work closely with you and your attorney to determine an appropriate advance amount that aligns with your case’s potential and your financial situation.

At Express Legal Funding, individual settlement advances typically range from $500 to $10,000, depending on the strength of the case, the stage of litigation, and the potential payout.

Settlement Advance Amounts: Real Payout Ranges by Case Type

  • Car accident claims with soft tissue injuries may qualify for $500-3,000, while truck accidents resulting in broken bones or requiring surgery may qualify for $50,000 or more, depending on injuries and liability. Generally, the more extensive your medical costs are, the more extensive your settlement will be.
  • Medical malpractice and wrongful death cases often receive higher advances due to larger settlements.
  • Defective product lawsuits are often eligible for settlement advances of $1,000-3,000, as the payouts for these cases typically start in the five-figure range.

Responsible Funding

It’s important to remember that a settlement advance is not a loan but a cash advance against your anticipated settlement. Therefore, it’s crucial to only request what you need to avoid unnecessary costs.

Our team at Express Legal Funding is dedicated to providing responsible funding solutions, ensuring you receive the support you need without compromising your financial future.

๐Ÿ” Understand what signs indicate a legal funding company is trustworthy. Read our guide: How to Choose a Trustworthy Legal Funding Company?

A lawyer and client discussing settlement advance funding options in a law office with bookshelves and a justice scale in the background.

The amount you can receive from a settlement advance depends on various factors, including your case’s value, strength, and financial needs.

At Express Legal Funding, we strive to offer transparent and fair legal funding options tailored to your unique circumstances. If you’re considering a settlement advance, we encourage you to reach out to us for a personalized assessment and guidance.

Risks and Considerations of Getting a Cash Advance on a Settlement

While settlement cash advances offer significant benefits, such as immediate financial relief during legal proceedings, they also come with certain risks and considerations that must be carefully evaluated.

Understanding these factors is crucial to making an informed decision that aligns with your financial and legal goals.

High Costs and Fees

One of the primary risks associated with settlement advances is the potential for high costs and fees. Unlike traditional loans, settlement advances are non-recourse, meaning repayment is only required if you win your case.

However, this added risk for the funding company often translates into higher interest rates and fees for the borrower.

  • Interest Rates: Typically range between 2-4% per month, depending on the strength of your case and the terms set by the funding company. This means that a $5,000 advance could require repayment of $6,000 to $10,000 or more, depending on the duration of your case and the specific contract terms.
  • Compounding Fees: It’s important to note that depending on the funding company, these fees may compound over time, especially if your case takes longer than anticipated to settle. This can significantly increase the total repayment amount, impacting the final settlement you receive.

Impact on Settlement

Receiving a settlement advance decreases the final amount you receive from your settlement payout.

Since the advance and any interest and associated fees are deducted from your settlement proceeds, it’s crucial to carefully assess how much funding you genuinely need to cover your costs when you apply.

Borrowing more than necessary can leave you with a reduced final settlement, potentially falling short of covering your long-term financial needs.

Contract Terms

Thoroughly understanding the contract terms is vital before agreeing to a settlement advance. Each funding company has its own set of terms and conditions, which can vary widely. Key aspects to review include:

  • Repayment Terms: Ensure you understand how and when repayment will occur, including any conditions that might affect the repayment amount.
  • Fee Structure: Clarify whether interest is calculated and whether they are fixed or variable based on the case’s duration.
  • Additional Clauses: Look for any additional clauses that might impact your financial obligations, such as penalties for early settlement or changes in case status.

Responsible Borrowing of Settlement Advances

In order to mitigate these risks, it’s crucial to approach settlement advances with a strategy of responsible borrowing. Only request the amount you genuinely need to cover essential expenses and work closely with your attorney to understand the potential outcomes of your case. 

Stacks of hundred-dollar bills with a large green checkmark, symbolizing responsible and approved pre-settlement funding by Express Legal Funding.

At Express Legal Funding, we prioritize transparency and client education, ensuring you have all the information necessary to make a sound financial decision.

Key Takeaway:

While settlement advances can provide much-needed financial support, they come with inherent risks that require careful consideration. By understanding the costs, impact on your settlement, and contract terms, you can make an informed choice that supports your financial well-being during the legal process.

State Regulations on Settlement Advances: What You Need to Know

Settlement advance laws vary by state, with some jurisdictions imposing specific regulations on legal funding companies. For example, Oklahoma, Missouri, and Utah require companies like Express Legal Funding to obtain special consumer legal funding licensing to operate legally.

Other states, such as Arkansas and West Virginia, have enacted laws targeting “litigation loans,” imposing strict interest rate caps designed to discourage funding providers from offering settlement loans to plaintiffs with pending lawsuits.

Before applying for pre-settlement funding, it’s essential to understand how your stateโ€™s regulations may affect your eligibility and funding options. At Express Legal Funding, we take steps to ensure compliance with all state laws and can guide you through the process based on your location.

๐Ÿ› State laws on settlement advances vary. If youโ€™re unsure about lawsuit cash advance regulations in your state, contact Express Legal Funding for assistance tailored to your location.

Comparing Settlement Advances Alternatives: Pros and Cons

It’s always wise to explore all your financial options before making a decision. Below is a comparison of settlement advances and two common alternatives to help you choose the best solution for your needs.

Settlement Advances vs. Loans vs. Credit Cards: Financial Comparison

This table compares Settlement Advances, Personal Loans, and Credit Cards, helping plaintiffs understand key differences in repayment terms, credit requirements, costs, and risks.
Settlement Advances vs. Loans vs. Credit Cards: Financial Comparison
Financial OptionKey BenefitsPotential Drawbacks
Settlement Advanceโœ… No credit check required, โœ… Non-recourseโ€”only repay if you win your caseโŒ Higher interest rates, โŒ Reduces final settlement payout
Personal Loanโœ… Lower interest rates compared to settlement advances, โœ… Can be used for any expenseโŒ Requires a credit check, โŒ Monthly payments are mandatory
Credit Cardโœ… Immediate access to funds to make purchases, โœ… Flexible spending for emergenciesโŒ High interest rates if balance is unpaid, โŒ May impact credit score if maxed out

Takeaway:

  • ๐Ÿ’ธ A settlement advance is ideal if you need risk-free funding without credit checks or monthly payments.
  • ๐Ÿฆ A personal loan may be a better choice if you have good credit and can afford repayments.
  • ๐Ÿ’ณ A credit card offers flexibility but can become expensive if not paid off quickly.

When should you consider alternatives to getting an advance on your settlement? If costs are prohibitive or if other financial resources are not available.

Read our guide: 15 Alternatives to Lawsuit Loans: Pros, Cons, & How to Apply

Settlement Advance FAQs: Get the Facts Before You Apply

A grand law library with an ornate chair and glowing "FAQ" text, symbolizing answers to settlement advance funding questions.

What Is a Settlement Advance, and How Does It Work?

A settlement advance is a non-recourse cash advance given to plaintiffs awaiting a legal settlement. It provides immediate funds, and repayment is only required if the case is successful.

How Much Does a Settlement Advance Cost?

A settlement advance typically costs 2% to 4% per month, depending on the case strength, expected settlement amount, and funding company terms. Due to settlement advances being non-recourse, meaning repayment is only required if you win your case, they often have higher interest than traditional loans.

For example, if you receive a $5,000 advance, you may owe $6,500 to $10,000+ depending on how long your case takes to settle. The longer your case lasts, the more interest accumulates, which can significantly reduce your final settlement payout.

Is a Settlement Advance Better Than a Loan?

Yes. A settlement advance is better than a loan if you need immediate funds and donโ€™t want to risk personal debt. Unlike traditional loans, settlement advances have no credit checks, no monthly payments, and no risk of repayment if you lose your case.

However, settlement advances typically cost more than personal loans due to their higher fees and interest rates. If you have good credit and a stable income, a personal loan or credit line may be a cheaper alternative.

๐Ÿ’ฐโœ… Discover how settlement advances provide a risk-free financial solution in our guide:
Guaranteed Pre-settlement Funding: Eligibility & Approval.

Explore the key differences between risk-free settlement cash advances and personal loans in the following table:

Settlement Advances vs. Personal Loans: Key Differences

Compare settlement advances and personal loans to find the best option for your financial needs. Learn about repayment terms, costs, credit requirements, and key differences to make an informed decision.
Settlement Advances vs. Personal Loans: Key Differences
FeatureSettlement AdvancePersonal Loan
RepaymentOnly if you win the caseRequired regardless of outcome
Credit CheckNoYes
Monthly PaymentsNoYes
CostHigher interest rates (2-4% per month)Lower interest rates (typically under 15% APR)
RiskNo personal liabilityPersonal liability if unpaid

Compare the costs of risk-free settlement cash advances and personal loans in the table below to make an informed financial decision:

Cost Comparison: Settlement Advances vs. Personal Loans

This dataset compares the costs of settlement advances and personal loans, highlighting key differences in repayment terms, total owed, and interest rates.
Cost Comparison: Settlement Advances vs. Personal Loans
Funding TypeAmount BorrowedMonthly PaymentTotal Owed After 12 Months
Settlement Advance (2-4% per month)$5,000No monthly payments$6,500 โ€“ $8,500
Personal Loan (12% APR)$5,000$467~$5,604

Which is the best choice for you?

  • A settlement advance is ideal if you cannot afford monthly loan payments and need risk-free funding.
  • A personal loan is better if you qualify for a low interest rate and can handle repayment.

๐Ÿ“Œ Takeaway: Loans cost less overall but require monthly payments and good credit.

Conclusion: What Plaintiffs Should Know About Settlement Cash Advances 

Settlement advances, such as those offered by Express Legal Funding, play a vital role in providing financial stability during the often lengthy and stressful legal process.

These advances allow plaintiffs to access necessary funds to cover living expenses, medical bills, and other essential costs without waiting for their case to settle.

This financial support can be a lifeline, enabling individuals to focus on their recovery and legal proceedings without the added burden of financial stress.

However, it’s crucial to approach settlement cash advances with a clear understanding of the associated costs and terms. While they offer immediate relief, the fees and interest rates can be higher than traditional financial products due to the non-recourse nature of the advance.

This means that while you only repay if you win your case, the cost of the advance can significantly impact the final settlement amount you receive.

Express Legal Funding logo on a green background, representing a trusted pre-settlement funding company that helps plaintiffs get cash advances before their case settles.

At Express Legal Funding, we are committed to transparency and ensuring our clients fully understand the terms of their advances. We encourage potential clients to consult with both legal and financial advisors to evaluate their options thoroughly. 

By doing so, you can make an informed decision that aligns with your financial needs and legal strategy.

In summary, while settlement advances provide essential support, they should be considered carefully within the broader context of your financial situation and legal case. Our team at Express Legal Funding is here to assist you every step of the way, offering guidance and support to help you navigate this complex process.

At Express Legal Funding, we’re committed to providing the information and support you need when considering a cash advance on your settlement. If you have questions about legal funding or want to learn more about how it works, our team is here to help.

For in-depth insights on pre-settlement cash advances and financial strategies, we invite you to subscribe to our blog and follow us on your favorite social media platforms. Stay informed with expert tips, industry updates, and resources that can help you make confident financial decisions during your lawsuit.

Let Express Legal Funding be your trusted partner in navigating the complexities of legal funding. Contact us today to learn more!

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Additional FAQs: Comprehensive Insights on Settlement Cash Advances

How Much Can I Receive from a Settlement Advance?

The amount you can receive from a settlement advance depends on the estimated value of your case, its strength, and your immediate financial needs. Typically, advances range from a few thousand dollars to a significant portion of the expected settlement. It’s important to only borrow the money you need to cover essential expenses.

What Are the Benefits of Getting a Settlement Advance?

A settlement advance offers fast financial relief, helping plaintiffs cover essential expenses like medical bills, rent, and daily living costs while waiting for their lawsuit to settle. Unlike traditional loans, settlement advances require no upfront payments and are non-recourse, meaning repayment is only required if you win your case.

This makes them a risk-free funding option for those in need of immediate cash.

๐Ÿš€ Need fast cash? Learn how to get same-day funding in our guide: What Are Same-Day Pre-Settlement Loans & How They Work.

What Are the Risks and Costs Associated with Settlement Advances?

While beneficial, settlement advances come with high costs and fees, often ranging from 2-4% per month. These fees can significantly impact the final settlement amount you receive. It’s crucial to thoroughly read and understand the contract terms to avoid unexpected financial obligations.

How Do I Qualify for a Settlement Advance?

To qualify for a settlement advance, you typically need a strong legal case with a high likelihood of success, such as personal injury or workersโ€™ compensation claims, and be represented by a contingency fee attorney.

A happy construction worker at a job site, holding cash after receiving his lawsuit settlement advance.

Your attorney plays a crucial role in the application process by providing case details and supporting your application.

Are Settlement Advances Considered Loans?

No, settlement advances are not considered traditional loans. They are non-recourse cash advances against your anticipated settlement, meaning repayment is only required if you win your case. This structure reduces financial risk compared to conventional loans.

How Long Does It Take to Get a Settlement Advance?

The timeline for receiving a settlement advance can vary, but it typically takes a few days to a couple of weeks. The process involves application submission, case evaluation, and approval. Working with a responsive funding company and providing complete documentation can expedite the process.

A smiling delivery worker holding cash in front of a delivery truck, symbolizing quick pre-settlement funding approval.

Can I Get a Settlement Advance for Any Type of Legal Case?

Settlement advances are generally available for cases with expected financial settlements, such as personal injury, workers’ compensation, and other civil lawsuits. The specific eligibility depends on the funding company’s criteria and the case’s potential value.

What Happens If I Lose My Case After Receiving a Settlement Advance?

If you lose your case, you are not required to repay the settlement advance. This non-recourse nature is a key benefit, as it protects you from financial liability if the case outcome is unfavorable.

How Do Settlement Advances Affect My Final Settlement Amount?

Settlement advances reduce the final settlement check you receive, as the advance and associated fees are deducted from the settlement proceeds. It’s essential to consider this impact when deciding how much to borrow, ensuring you retain enough funds to meet your long-term needs.

Disclaimer: Express Legal Funding is a pre-settlement funding company and is not a law firm. While the content on this page is well-researched and reviewed by licensed attorneys, it does not constitute legal advice and should not be considered a substitute for legal representation.

About the Author

Aaron R. Winston

Aaron Winston is the Strategy Director of Express Legal Funding. As “The Legal Funding Expert,” Aaron has more than ten years of experience in the consumer finance industry. Most of which was as a consultant to a top financial advisory firm, managing 400+ million USD in client wealth. He is recognized as an expert author and researcher across multiple SEO industries.

Aaron Winston earned his title “The Legal Funding Expert” through authoritative articles and blog posts about legal funding. He specializes in expert content writing for pre-settlement funding and law firm blogs.

Each month, tens of thousands of web visitors read his articles and posts. Aaron’s thoroughly researched guides are among the most-read lawsuit funding articles over the past year.

As Strategy Director of Express Legal Funding, Aaron has devoted thousands of hours to advocating for the consumer. His “it factor” is that he is a tireless and inventive thought leader who has made great strides by conveying his legal knowledge and diverse expertise to the public. More clients and lawyers understand the facts about pre-settlement funding because of Aaron’s legal and financial service SEO mastery.
Aaron Winston is the author of A Word For The Wise. A Warning For The Stupid. Canons of Conduct, which is a book in poetry format. It consists of 35 unique canons. The book was published in 2023.

He keeps an academic approach to business that improves the consumer’s well-being. In early 2022, Aaron gained the Search Engine Optimization and the Google Ads LinkedIn skills assessment badges. He placed in the top 5% of those who took the SEO skills test assessment.
Aaron’s company slogans and lawsuit funding company name are registered trademarks of the United States Patent and Trademark Office. He has gained positive notoriety via interviews and case studies, which are a byproduct of his successes. Aaron R. Winston was featured in a smith.ai interview (2021) and a company growth case study (2022).

In 2023, Aaron and Express Legal Funding received accolades in a leading SEO author case study performed by the leading professionals at WordLift. The in-depth data presented in the pre-settlement funding SEO case study demonstrate why Aaron Winston maintains a high-author E-E-A-T. His original writing and helpful content continue to achieve unprecedented success and stand in their own class.

Aaron was born in Lubbock, TX, where he spent the first eight years of his life. Aaron attended Akiba Academy of Dallas, TX.

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