• Frequently Asked Attorney Lawsuit Financing   Questions

Fund Capital America has provided answers to questions we commonly receive from attorneys whose clients are interested in obtaining Fund Capital America lawsuit financing, and from attorneys interested in obtaining Fund Capital America lawsuit financing for attorneys.

• Who can apply for lawsuit financing?

Plaintiffs, potential plaintiffs who have not filed claims but are represented by attorneys, and attorneys are eligible for lawsuit financing. Fund Capital America provides pre-settlement lawsuit financing to plaintiffs and attorneys, and to those who have claims and are represented by an attorney but have not yet filed a lawsuit. Fund Capital America provides non-recourse case cost funding and litigation cost funding for attorneys, at no cost to attorneys. If you do not win or settle the case, no repayment is due to Fund Capital America.
Through Advance as you need it, when you need it”, Fund Capital America provides post-settlement funding to plaintiffs and attorneys who have recently settled their cases but have not yet received payment. For a small monthly charge, Fund Capital America advances up to 50 percent of your client’s net settlement and up to 60 percent of attorney’s fees in any settled case, regardless of the type of case. Please note that we do not provide lawsuit financing to individuals under the age of 18.

• Does lawsuit financing work like a traditional   loan?

No. Fund Capital America lawsuit financing is not a loan. If Fund Capital America funds your case, you or your client will have to repay Fund Capital America only if you settle or win the lawsuit. If you lose your case, you and your client will owe us nothing.

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• Are there any fees to pay up front with Fund   Capital America lawsuit financing? Will there be   monthly payments?

No. Any payments to Fund Capital America, including plaintiff funding and attorney funding in both pre-settlement lawsuit financing and post-settlement lawsuit financing, will be due at the time of receipt of settlement or award. There are no monthly payments associated with Fund Capital America lawsuit financing.


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• How long does it take to receive lawsuit   financing?

If we approve pre-settlement funding for your case, we can provide you or your client with an advance within 48 hours.
If we approve a Advance as you need it, when you need it”, request for post-settlement funding, we can approve an advance after verifying the information you provide. Then, as soon as you or your client execute the Funding Agreement for your post-settlement funding, we will advance the funds.

• How does case cost funding work?

Case cost funding is a form of lawsuit financing which eliminates cash flow problems and financial risks of attorneys paying for case costs and case disbursement costs. Fund Capital America can advance you the money for case and disbursement costs such as expert witness fees, court costs and any other case-related expense, except for attorney’s fees. The amount advanced and any monthly usage fees accrued are repaid from the client’s settlement proceeds, passing case costs onto clients rather than attorneys. If you do not win or settle your case, you owe us nothing.

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• What are the minimum and maximum advances    plaintiffs and attorneys can obtain through    lawsuit financing?

We will advance a minimum of $500 and a maximum of $100,000 in lawsuit financing. Fund Capital America will advance up to 50% of the net settlement proceeds to plaintiffs, and up to 60% of attorneys’ fees to attorneys, in post-settlement funding.


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• How do you determine the amount of lawsuit   financing?

The amount of any lawsuit financing advance depends on the plaintiff’s and attorney’s needs and the estimated value of the claim. In determining the amount of lawsuit financing, we will consider the following factors: the facts and law relating to the claim, liability, the venue where the case will be tried, and the insurance company involved in the lawsuit, if any.


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• What role do I play in my client’s lawsuit financing   application?

If your client would like to apply for litigation financing, your client must complete our application and disclosure form. This form authorizes Fund Capital America to contact you about the claim so that we can begin the evaluation and underwriting process. We might ask you to provide medical reports, emergency room reports, accidents reports, expert testimony, insurance information, information about the current status of the litigation, and any other details that would help us to make our decision. If, after reviewing the application, Fund Capital America approves your client’s litigation financing request, we will enter into a Funding Agreement with your client.

The Funding Agreement will set forth the amount of the lawsuit funding advance and the amount owed to Fund Capital America if the plaintiff secures a settlement or award. We will send the Funding Agreement to you for your signature so that our interests are protected. Other than providing preliminary information in the application process and sending Fund Capital America our fees and repayment before forwarding the settlement or award proceeds to your client, you will have no contact with Fund Capital America.

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• Will monthly usage fees apply to the amount of   the advance?

Yes. Because Fund Capital America is taking a significant risk in providing lawsuit financing to plaintiffs and attorneys, we charge monthly usage fees of about 2 to 4 percent per month for pre-settlement lawsuit financing, and $20 each month for each $1,000 advanced in post-settlement funding. If there is no viable alternative financing source, Fund Capital America lawsuit financing provides an excellent solution. We offer the lowest monthly usage fees in the lawsuit financing industry.


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• Will Fund Capital America get involved in my   client’s case?

No. We will not interfere in your client’s case. Fund Capital America will collect information about the case in making its funding decision, and after that will not be involved in the case. Our underwriting team and credit committee will be unobtrusive and ask only for a few targeted documents, such as a police report, medical information, or insurance policy information. All information will be kept strictly confidential. Your case is your case, and Fund Capital America will not intervene in any way with the handling of it.


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• What if I don’t want my client to obtain lawsuit   financing?

If you do not want us to fund any of your cases, please let us know so that we can cease all application activity. However, we hope that you will take the time to get to know more about Fund Capital America and our services before coming to any conclusion. Please feel free to contact us with any questions you may have.



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• Is lawsuit financing legal?

Yes. Fund Capital America provides lawsuit funding in every state except for Ohio. The laws in every other state recognize the need for lawsuit financing services in which traditional finance companies won’t engage. We provide a tremendous service that aids clients with paying food, mortgage, medical, and other bills while a claim is ongoing..

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