Thursday, July 29, 2010

3 Mistakes To Avoid If Pursuing Lawsuit Loans And Settlement Loans

The phrases "lawsuit loans" and "settlement loans" get a number of searches on the internet every day. Why are people searching for these terms?

Every day people go online for information. They type words that describe what they are trying to find into search engines like Google, Yahoo, Bing and others. They've got a variety of motivations. Most of these motivations may be split into 1 of 2 groups; pleasure seeking or pain avoidance. Pleasure seeking is positive, searching for something they want. Pain avoidance is negative, seeking to avoid what they do not want.

The searches on litigation funding will no doubt be generated by people who have both negative and positive motivations. This short article takes aim only at the negative side. We will concentrate on "Pain Avoidance" and look at three things, points or mistakes you would wish to work hardest to avoid.

To be aware of the general circumstances about this, you need to know that obtaining either a lawsuit loan or settlement loan may prove vital to your success in your underlying claim. Without pre-settlement loans, individuals are often unable to continue to fight to assert their rights against the party that injured them.

To be more specific regarding the issues involved, to succeed in obtaining the financial assistance desired, you must demonstrate several things and avoid requesting settlement loans and lawsuit loans prematurely.

What are we going to avoid? And just why must we avoid it?

Well, clearly, as dealing with certain elements that must be clearly demonstrated, and this varies for each type/classification of lawsuit, then we would want to expend the requisite effort to satisfy these elements. Such elements are often referred to as the "burden of proof."

O.K. then, listed below are those 3 points you'll want to do your best to avoid:

First off, avoid submitting "frivolous" claims to obtain settlement funding. To obtain serious consideration, the claim must be meritorious. Simply stated, were a reasonable person to review your claim, would they be able to know that you have a reasonable basis on which to claim damages as a result of the party against whom you have filed your claim? The main reasoning with this is that that frivolous cases are a tremendous burden on all Court dockets and, at least in most instances, repugnant to jurors in whose hands the case will rest if the case goes to trial and the presiding-judge rules that the plaintiff may, by law, proceed in the action. Therefore, most underwriters who must determine whether a case is worth funding will deny requests for lawsuit loans and settlement loans in such cases.

Just how much avoidance is the correct amount? There are no exceptions!

Second, avoid submitting requests for funding prior to your claim being sufficiently "ripe" for litigation funding. This simply means that you must be able to demonstrate damages prior to obtaining funding. And, tell me, just why would that be? It is the verifiable damages that will determine the value of your claim. Therefore, if you have a medical malpractice claim, you must have an expert's report identifying the malpractice, costs/expenses incurred, etc. to establish the value of your claim. Prior to being able to produce this information, your case is not sufficiently "ripe" to present for funding.

Just how can we tell what exactly is enough or too much? It is enough if you satisfy your burden of proof and you have documentation that supports the basis of your claim and damages arising therefrom. It is excessive if you attempt to incorporate superfluous data that have no bearing on either the true nature of your claim or damages arising therefrom.

Third and lastly, avoid submitting an incomplete application in your request for either a settlement loan or a lawsuit loan. The reason for that is that those who work to obtain the funding you request are typically very busy and will review your application based on what you provide. If you fail to provide sufficient contact information, etc., your claim will be dead-in-the-water. Remember, you're the one requesting the funding!

O.K. now how are we able to tell if this is being avoided sufficiently? It is important that you review your application for thoroughness. If you have done so and both you and your attorney are cooperating with underwriters et al., you have done all that is reasonable.

Just avoiding the pitfalls doesn't necessarily mean that you win the battle, but you'll have a better shot at benefiting from the rest of the positive aspects from the ability to obtain lawsuit loans and settlement loans.

Do you think a lawsuit settlement loan is right for you? Would you like to learn more about lawsuit loans? Please visit us today and you may apply online for lawsuit funding and learn more about the benefits of settlement loans.

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