Pre-settlement Funding for Wrongful Death Lawsuits

What is Pre-Settlement Funding for a Wrongful Death Lawsuit?

Pre-settlement funding is a financial solution designed to provide plaintiffs in active lawsuits with cash while awaiting a case resolution. In the case of wrongful death lawsuits, family members or dependents who have lost a loved one due to negligence may face significant financial strain. Wrongful death lawsuit funding can help cover pressing expenses like funeral costs, household bills, or lost income during a challenging time when finances might already be stretched thin.

Although it might seem similar to a loan, pre-settlement funding is distinct in key ways. It’s non-recourse, meaning repayment is only required if the case is successful, eliminating the risk of debt if the wrongful death suit doesn’t result in a settlement. The application process is also typically faster than a loan.

Do You Need Wrongful Death Lawsuit Pre-Settlement Funding?

The typical person seeking pre-settlement funding is someone under financial pressure while waiting for a legal case to resolve, such as a personal injury or wrongful death lawsuit. They may be struggling with medical bills, lost income, or everyday expenses, often as the primary provider for their family. Traditional credit options may not be accessible, leaving them in need of immediate financial relief.

Pre-settlement funding offers a practical solution by providing upfront cash without the risks of a traditional loan. It’s non-recourse, meaning repayment is only required if the case is successful. With a fast and straightforward application process, it enables plaintiffs to cover essential expenses while avoiding the pressure to settle early for less than they deserve.

How Wrongful Death Lawsuit Pre-Settlement Funding Works

The pre-settlement funding process is designed to be simpler and faster than obtaining a loan. It starts with requesting funding by submitting an application. The funding company works with your attorney to evaluate your case and determine eligibility.

Once approved, you receive the funds, often within 24 to 48 hours, providing immediate financial relief. Repayment only occurs if your case is successful, as pre-settlement funding is non-recourse—unlike a loan, there’s no personal liability if you lose your case. This structure allows plaintiffs to focus on their legal battle without added financial stress.

What is Considered Wrongful Death?

Wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional actions of another person or entity. Common examples include death resulting from car accidents caused by reckless drivers, medical malpractice such as surgical errors or misdiagnoses, workplace accidents like construction falls, or unsafe conditions on someone’s property. Intentional acts, such as assaults leading to death, may also qualify as wrongful death cases.

Responsibility for wrongful death varies depending on the circumstances. A drunk driver, a negligent physician, an employer ignoring safety protocols, or a manufacturer of defective products could all be held accountable. In these cases, legal action helps surviving family members hold the responsible party liable while seeking financial support for medical bills, funeral costs, and the emotional toll of their loss. Each case requires a thorough investigation to determine who pays in a wrongful death suit and build a strong claim.

Who Can File a Wrongful Death Lawsuit?

Who can file a wrongful death lawsuit depends on the state where the case is filed. These lawsuits are typically brought by surviving family members or representatives of the deceased’s estate seeking compensation for their loss.

Generally, the individuals most closely related to the deceased have the legal right to pursue a claim. Some common examples of who is typically permitted to file are:

• Spouse – In most cases, the surviving spouse has the first right to file a wrongful death lawsuit.
• Children – If there is no surviving spouse, children of the deceased may file the claim. This can include both minor and adult children.
• Parents – If the deceased had no spouse or children, parents may have the legal right to pursue a claim, especially if the deceased was a minor or dependent adult.
• Other family members – Some states allow extended family, like siblings or grandparents, to file in specific circumstances.
• The deceased’s estate – An executor or personal representative of the estate can often file a claim on behalf of the deceased’s beneficiaries.

It’s critical to note that state laws vary greatly in defining who qualifies to file for wrongful death, and some states prioritize specific relationships over others. Consulting an experienced attorney can clarify your eligibility and ensure the claim is filed correctly.

How Does Pre-Settlement Funding Work?

The pre-settlement funding process is straightforward and efficient.

1. Applying for Pre-Settlement Funding

If you have an ongoing personal injury case and are represented by an attorney, you may be eligible for pre-settlement funding. Start by filling out an online application with the funding provider. Approval typically depends on the details of your case, including its potential value and likelihood of success. Before applying, it is important to first discuss with your attorney whether pre-settlement funding is an appropriate option for your case.

2. Case Evaluation

The funding company will work with your attorney to review your case. Factors such as the strength of your claim and the anticipated settlement amount are evaluated to determine your eligibility and the possible funding amount.

3. Funding Approval

Funding decisions are often made within one to two business days. Many providers, including Oasis Financial, aim to make the process as seamless as possible to ensure timely access to funds.

4. Pre-Settlement Funding Agreement

Once approved, you and your attorney will sign a funding agreement that lays out the terms, including repayment details. This ensures full transparency before the funds are released.

5. Pre-Settlement Funding Process

After finalizing the agreement, the funds are disbursed, either by Western Union, direct deposit or check. With services like same-day funding, you can quickly address urgent financial needs and focus on your recovery while your case progresses.

Is There a Pre-settlement Limit?

The amount of pre-settlement funding you may qualify for depends on a detailed assessment of both your case and your personal circumstances. Key considerations include:

• Case strength and the likelihood of a favorable settlement or verdict
• How long the case resolution is expected to take
• The estimated settlement amount
• Anticipated legal and court expenses tied to pursuing the case
• Any prior pre-settlement advances received may also influence funding limits

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

If unexpected financial challenges arise, such as extended case delays, underestimations of your initial financial needs, or unplanned medical expenses, you may qualify for additional funding. However, eligibility depends on factors such as your remaining settlement potential and any additional updates to your case.

Pre-Settlement Funding FAQs

What are the Risks of Pre-Settlement Funding?

Pre-settlement funding carries minimal financial risk for borrowers because it’s structured as non-recourse obligation. This means repayment is only required if your case is successful. If you do not win or settle, you owe nothing.

What is a Non-Recourse Obligation?

Unlike a loan, pre-settlement funding is contingent on the outcome of your case. If your case doesn’t result in a settlement, you aren’t responsible for repaying the funds, making it a safe option for those facing financial difficulties during litigation.

What Is the Probability of Defaulting?

Defaulting isn’t a concern with pre-settlement funding. Providers, like Oasis Financial, only recover their fees if your case is resolved in your favor. This eliminates the worry of accumulating debt if your lawsuit doesn’t succeed.

Choosing the Right Pre-Settlement Company

When considering a pre-settlement funding company, it’s important to prioritize transparency, a simple application process, and quick processing times. You want a provider who makes the experience as smooth as possible.

Why Choose Oasis Financial?

With over 25 years of experience and a track record of assisting over 350,000 clients, Oasis Financial has earned a reputation for reliability and trust. Our straightforward application process, outstanding customer service, and high approval rates make us a top choice for individuals and families in need of financial assistance during litigation. We are dedicated to providing fast, accessible funds when you need them most.

Does Oasis Service Your State?

Pre-settlement funding is available in the following states:

Alabama, Alaska, Arizona, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming

Work with Oasis Financial

We make the application process simple and straightforward, with no upfront fees. Get started today by reaching out to one of our helpful customer service representatives.

Looking for more details? Visit our FAQ page for further information.

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