All You Need To Know About Pre-Settlement Funding In New York

What Is Pre-Settlement Funding?

Pre-settlement funding can help you through difficult financial times as you navigate a personal injury lawsuit in New York. You can get money now to cover expenses while you wait for your case to settle. Pre-settlement funding is non-recourse, meaning you only repay the funding if you win or settle your case.

Who Needs Pre-Settlement Funding?

Pre-settlement funding is often a lifeline for plaintiffs in financial distress during a long legal battle. If you have been involved in an accident that wasn’t your fault and are struggling with living or medical expenses during the pre-trial period, you may benefit from pre-settlement funding, which sometimes is mistakenly referred to as a lawsuit loan.

Imagine Jane, a single mother who was involved in an auto accident on Grand Central Parkway that left her injured. While she’s sure that her personal injury case will end in her favor, she is unable to work during her recovery. To cover her medical bills and everyday expenses, Jane can turn to pre-settlement funding. Now she has the money she needs to keep her household running without the looming pressure of repayment.

How Pre-Settlement Funding Works In New York

The pre-settlement process in New York works the same way it does in most states. Unlike a loan, it’s a straightforward and fairly quick process. First, you or your attorneys submit a funding application. Shortly after approval, you receive the money you need. Finally, once the case is settled, you will pay repay the pre-settlement purchased amount from your settlement proceeds.

Importance of Pre-Settlement Funding In New York

Pre-settlement funding can give you the financial breathing room you need until a court decision. This funding helps plaintiffs like Jane to cover their daily expenses without taking on debt or settling their case for less than it is worth. Unlike a loan, repayment doesn’t happen in monthly installments but is suspended until the case is settled. Pre-settlement funding might be an even more vital lifeline if you live in New York, a state with a cost of living 30% higher than the national average.

Have you been involved in an accident and need help with pre-settlement funding? Oasis is here to help!

Apply Now

Types of Pre-Settlement Funding

Pre-settlement funding in New York isn’t limited to one kind of court case, it can be helpful across a variety of legal situations. From car accident cases to slip and fall suits, pre-settlement funding can help injured plaintiffs suffering a loss of income cover medical bills, rent, or other pressing expenses.

How Does Pre-Settlement Funding Work In New York?

New York has four simple steps to get your pre-settlement funding: application, evaluation, approval, and dispersal.

1. Applying For Pre-Settlement Funding

Applying for pre-settlement funding is a critical step that demands careful preparation. First, discuss with your attorney to determine whether pre-settlement funding is an appropriate option for you. To make sure your application goes as smoothly as possible, collect and organize all documents relating to your case including:

• Official incident reports
• Medical records
• Communications with insurance companies

Have the contact information of your representing attorney ready as well, as they will be contacted to verify case details.

There are some restrictions to applying for pre-settlement funding. First, you must have an active injury claim. The injury itself has to align with the type of personal injury lawsuit filed (i.e. if you were injured in a slip and fall, your lawsuit must be a slip and fall case). In addition, if you’re filing for funding in the state of New York, you must be a resident. At no point is your credit score a factor in the pre-settlement funding application process.

Who Can Apply For Pre-Settlement Funding?

Pre-settlement funding is a great solution for anyone facing financial strain during ongoing litigation. If you’re involved in an active injury case and are having a hard time making ends meet, pre-settlement funding may be the solution you’re looking for. As long as you’re over 18, a resident of the state your application is submitted in, and your injuries are directly related to the claim made in the lawsuit, you are qualified to apply.

Pre-Settlement Funding – Plaintiff

In New York, you as a plaintiff have the option to apply for pre-settlement funding on your own without a middleman. This empowers you to control your financial situation, taking charge of the process on your terms.

Pre-Settlement Funding – Attorney

Attorneys representing plaintiffs in injury cases can also share their clients’s interest in receiving pre-settlement funding and the necessary supporting documentation. This can be a great option for victims who may be severely injured or who have other pressing obligations like childcare. The attorney can leverage their legal expertise and knowledge of the case details to help their client submit the most accurate application possible.

2. Case Evaluation

Once you submit your application for pre-settlement funding, the funding company then evaluates your case. This stage determines whether you will be approved for funding, as well as the amount you’ll be able to receive. Funding companies look at a few key factors when making these decisions:

• Case strength — how likely it is that the case will succeed?
• Damages Sustained — how severe are the plaintiff’s injuries?
• Insurance coverage — is the defendant covered, and how well?
• Length of case — how long is the case expected to take?
• Jurisdiction — where is the case taking place, and what unique laws might apply?

3. Funding Approval

While the approval process for pre-settlement funding is notably faster than loans, the exact timeline varies from case to case. If you’ve submitted your application with all the correct information, you might expect approval within 24 to 48 hours of evaluation. However, it’s important to remember that not all applicants will be approved. Funding is dependent on the strength and details of each case.

4. Pre-Settlement Funding Process

You shouldn’t have to wait when facing financial difficulties. After approval, pre-settlement funds are often distributed within as little as 24-48 hours. Funds can be transferred by direct deposit, check, or through money transfer services.

Have you been involved in an accident and need help with pre-settlement funding? Oasis is here to help!

Apply Now

Types of Pre-Settlement Funding In New York

New York is a busy state, the fourth most populated in the nation. With lots of people comes lots of lawsuits. The most common types of legal cases that qualify for pre-settlement funding in New York are auto accidents and premises negligence (often referred to as slip and fall). Many types of other personal injury cases may also qualify for funding.

Car/Auto Accident                                                                 

New York is full of cars, trucks, and motorcycles, so auto accidents of all kinds are common. Incidents may range from fender-benders to catastrophic collisions and are often the result of negligent driving. A driver or rider who is aggressive, distracted, or impaired can easily cause an accident, leading to injuries, property damage, and potential car accident lawsuits. They can be held responsible for your medical bills, lost wages, and more. Vehicles covered by car/auto accident pre-settlement funding include everything from sedans to semi-trucks, as well as motorcycles.

Imagine you’re driving through snowy downtown Buffalo when a driver who’s on their phone rear-ends you. If you are injured in the collision, you may not be able to work or take care of your day-to-day needs effectively. As such, the other driver will likely have to pay a personal injury settlement in court. If you need money now to cover your rent, groceries, childcare, or other expenses, you can turn to pre-settlement funding.

How Much Money Could You Earn From A Car Crash Lawsuit in New York?                      

How much you earn from a car crash lawsuit in New York depends on a few contributing factors:

1. The amount of damages you receive.

How badly were you injured in the accident? How badly was your vehicle or other property damaged?

2. The other party’s level of fault in the accident.

How responsible is the other driver or rider for the accident occurring? Were you at fault in any way? New York follows a comparative negligence rule, meaning that the settlement may be reduced by a percentage equal to your share of fault.

3. Car accident liability and damages laws in New York state.

Every state has different statutes that can affect a settlement. New York is a “no-fault” state for auto insurance, which requires drivers to file a claim with their insurance first regardless of who is responsible for the accident. This can make smaller claims go by quicker but can limit your ability to sue for additional damages unless the case meets the state’s definition of “serious injury.”

4. The level of insurance coverage the other party has.

New York state law requires minimum insurance coverage for both bodily injury and property damage. However, the amount of coverage an individual has can limit the available resources available for settlement.

Premises Negligence (Slip & Fall)

In public spaces, negligence can lead to a range of injuries due to hazards like wet floors, falling objects, or low-hanging obstructions. These cases are often called “slip and fall,” as sliding on improperly treated or slick flooring is one of the most common forms of premises neglect. In restaurants or cafes, you can suffer burns from hot liquids or surfaces. Poorly maintained equipment like broken tiles or exposed sharp metal can lead to lacerations.

Civil Rights Violations

Civil rights violations happen when someone’s basic rights to fair and equal treatment are breached. Often fueled by discrimination or prejudice, these cases can occur at work, at school, in encounters with law enforcement, or while using public services.

Construction Negligence

Neglecting safety protocols in construction can lead to accidents, often due to factors such as inadequate site security, faulty equipment, and low-quality materials.

For instance, if you’re injured by a structural collapse from scaffolding in downtown Manhattan due to improperly installed load-bearing supports, you may be entitled to compensation from the construction company.

FELA (Railroad)

The Federal Employers Liability Act (FELA) is a US federal law established in 1908 to protect and compensate railroad workers injured on the job when the railroad company is at least partially at fault. Unlike worker’s compensation, FELA requires the injured party to prove some level of employer negligence is responsible for their injury. This includes injuries that occur in NYC subway systems.

General Negligence

Injuries due to improper care of property or possessions fall under general negligence. From animal bites to amusement park injuries, these claims can cover a broad range of accidents, including homeowner and nursing home negligence.

Maritime (Jones Act)

The Jones Act is a US federal statute that gives seamen protection when injured on the job, allowing them to seek compensation from their employers. Like FELA, the Jones Act requires maritime employers to provide a safe working environment, maintaining their vessels according to the standards set by law. A violation occurs when these standards are not met, like a failure to provide sufficient safety training, a lack of necessary maintenance, or unsecured equipment.

Pedestrian Injury

Pedestrians can face serious harm from both motorized and non-motorized vehicles. Pedestrians injured by reckless drivers, cyclists, or even skateboards can seek financial compensation from the responsible party for lost wages or medical expenses.

Workplace Negligence

Job-related injuries are often covered by Workers’ Comp insurance. If, however, the cause of the injury is due to negligence on the part of the employer, another employee, or a tool produced by a third party, you may be able to file a workplace negligence lawsuit. In a factory, this might look like an absence of machine guards or proper safety training. In food service, an improperly maintained fryer or other major appliance may cause severe burns.

Note: Oasis does NOT provide funding for workers’ compensation claims in New York.

Wrongful Death

Wrongful death occurs when a victim loses their life due to the negligent or intentional actions of another party. These claims are filed by representatives of the victim’s estate, often the immediate family of the deceased. Common causes for wrongful death include medical malpractice, fatal car accidents, or even intentional killing.

Advantages Of Pre-Settlement Funding

Pre-settlement funding can be a lifesaver if you’re injured and unable to work. It can be used to pay for a variety of essential expenses during your pre-trial period. Things like utility bills, mortgage or rent payments, groceries, and transportation costs can all be paid for using pre-trial funding. For families with children, this funding can also be used to cover childcare or daycare expenses, allowing you to attend legal consultations and medical appointments, or to facilitate care while you’re injured. Importantly, pre-trial funding can also be used for medical costs that may not be covered by insurance.

Allows Time For Negotiation

A major advantage of pre-settlement funding is that it can grant you and your attorney more time for negotiation on your case. Without the financial pressure to settle quickly, there’s less incentive to take lowball settlement offers. Now your attorney can fight for a payout that reflects the damage, pain, and loss of income you’ve suffered. Settlement negotiations can take a long time—often somewhere between nine to eighteen months.

Provides More Equitable Opportunity

You can level the legal playing field with pre-settlement funding. If the defendant you’re facing can afford a high-powered attorney, you want to make sure you’re equally equipped. Large corporations or insurance companies may try to use time to their advantage, prolonging a case to exhaust your funds and force you to settle for less than you deserve.

What Does Pre-Settlement Funding Pay For?

Pre-settlement funding can be spent just like funds from a loan, minus the risk of defaulting. The money you receive can be used to cover a wide variety of personal expenses, allowing you to continue your day-to-day life while waiting for your case to settle. This is particularly useful if you are unable to work due to your injuries. Some of the essentials that pre-settlement funding can pay for include:

• Mortgage or rent payments
• Utility bills like electricity, water, gas, and internet
• Groceries
• Clothing
• Personal hygiene products
• Transportation costs, including repairs and maintenance
• Medical care costs not covered by insurance
• Childcare
• Credit card bills or personal loans
• Insurance premiums

If you’re going through a difficult time financially during or due to your pre-trial process, pre-settlement funding can afford you the time and peace of mind to focus on your recovery and legal case.

Is There A Pre-Settlement Limit?

The amount of pre-settlement funding available to you is determined by the company supplying the funds and is based on a few factors:

• The strength of your case
• The potential settlement amount
• The severity of your injuries
• Your insurance coverage
• Your current and future medical bills
• Your current and future lost wages
• Estimated legal fees and court costs
• The type of personal injury lawsuit
• State laws
• Expected case length
• Previous fundings

Can I Take Out More Than One Pre-Settlement Funding?

In some cases, you may end up needing more money than you thought when first applying for funding. If your case drags on longer than anticipated or you encounter unexpected expenses, you may need to apply for another round of pre-settlement funding. Things like unforeseen medical expenses, sudden transportation repairs, or further loss of income can be reasons to seek further financial assistance. Make sure to mention that you’re seeking additional funding when applying, as this is a factor the lender will take into consideration when evaluating your case.      

Are There Risks with Pre-Settlement Funding?

Unlike loans, there is little risk to pre-settlement funding due to its structuring as non-recourse purchase agreement.

Non-Recourse Funding

Non-recourse funding is a type of funding where you are not absolutely liable for repayment. The funding company assumes all the risk. That means that you as a plaintiff are not responsible for paying back your funding if you lose your case. For people in already precarious financial circumstances, non-recourse funding is a safe way to get monetary support without risking further debt.

What Is The Probability Of Defaulting?

Since Oasis only collects funds if the case is won, you are at no personal risk of default when taking on pre-settlement funding.

Why Choose Oasis Financial?

In our over twenty years leading the industry, Oasis Financial has helped more than 350,000 individuals and families get the financial relief they need. Our commitment is to you, the plaintiff, and making sure you get the money you need when you need it with an unwavering commitment to compassion and excellent customer service. At Oasis, we know how challenging and stressful the legal process can be. That’s why we’re always on your side.

Oasis Offers Pre-Settlement Funding Across New York State

Whether home for you is Brooklyn, Buffalo, or Albany, our helpful and considerate team at Oasis Financial can provide pre-settlement funding to you no matter where you are in New York State. Some of the areas we provide funding in New York State include:

New York City, Buffalo, Yonkers, Airmont, Albany, Amsterdam, Auburn, Babylon, Batavia, Beacon, Binghamton, Canandaigua, Chestnut Ridge, Cohoes, Corning, Cortland, Depew, Dobbs Ferry, Dunkirk, East Rockaway, Elmira, Endicott, Floral Park, Freeport, Fulton, Garden City, Geneva, Glen Cove, Glens Falls, Gloversville, Great Neck, Harrison, Haverstraw, Hempstead, Ithaca, Jamestown, Johnson City, Kenmore, Kingston, Kiryas Joel, Lackawanna, Lake Grove, Lancaster, Lindenhurst, Lockport, Long Beach, Lynbrook, Mamaroneck, Massapequa Park, Massena, Middletown, Mineola, Mount Kisco, Mount Vernon, New Hyde Park, New Rochelle, Newburgh, Niagara Falls, North Tonawanda, Ogdensburg, Olean, Oneida, Oneonta, Ossining, Oswego, Patchogue, Peekskill, Plattsburgh, Port Chester, Poughkeepsie, Rochester, Rockville Centre, Rome, Rye, Rye Brook, Saratoga Springs, Scarsdale, Schenectady, Spring Valley, Suffern, Syracuse, Tarrytown, Tonawanda, Troy, Utica, Valley Stream, Watertown, Watervliet, West Haverstraw, Westbury, White Plains, Woodbury

Work With Oasis Financial

When you partner with Oasis Financial for pre-settlement funding in New York, you’re choosing a funding company that’s been an industry leader for over twenty years. Our application process is quick and worry-free, requiring no out-of-pocket fees to you. Since you only pay if you win your case, there’s no risk. Our experts work tirelessly to evaluate your unique situation and provide funds in as little as 24 hours after approval. With pre-settlement funding, you can cover your expenses, level the playing field in court, and take the time you need to win the full value of your case. Oasis Financial is here to make sure better starts today.

Have questions or comments? Reach out to Oasis Financial today! You can easily apply online, and our friendly and knowledgeable customer service representatives are available to take your call 24 hours a day, seven days a week. Don’t let financial strain determine the outcome of your legal case. Let Oasis Financial lend you peace of mind.

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