September 3, 2026

Car Accident Lawsuit Loan: Questions to Ask First

When medical bills, transportation costs, and everyday expenses keep arriving after a crash, financial pressure can make any proposed settlement feel urgent. Before accepting an advance, an injured plaintiff and their attorney should understand exactly what is being offered, what repayment could look like, and whether the arrangement supports the client’s ability to wait for a fair resolution.

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A car accident lawsuit loan is commonly used to describe money provided while a represented plaintiff’s personal injury case is pending. Ask whether the funding is actually non-recourse, how interest is calculated, whether it compounds, what fees apply, and what happens if the case loses. The Milestone Foundation provides nonprofit, non-recourse litigation funding with 15% simple annual interest, no compounding, and no hidden fees, subject to the current agreement.

The right questions begin with the meaning of the transaction itself. Once that distinction is clear, the contract, repayment terms, attorney review, and practical effect on settlement decisions become easier to evaluate.

What Does a Car Accident Lawsuit Loan Actually Mean?

“Car accident lawsuit loan” is a commonly searched phrase for money a person may receive while a car accident claim or lawsuit is still pending. Despite the word “loan,” this arrangement is generally structured as a non-recourse pre-settlement cash advance. It is intended to help with essential expenses, such as housing, transportation, groceries, utilities, or medical care, while the plaintiff waits for the case to reach a resolution.

How a non-recourse advance differs from ordinary debt

With ordinary recourse debt, the borrower is personally responsible for repayment. If the borrower cannot repay, the lender may have rights under the loan agreement to pursue the borrower or other assets. Non-recourse funding works differently. Repayment is tied to the outcome of the legal claim and the applicable funding agreement. If the case is lost and there is no recovery, the plaintiff owes nothing under the Foundation’s non-recourse model. The advance does not become a personal bill that follows the plaintiff beyond the case.

That structure does not make funding free or risk-free. If the case resolves successfully, the advance and applicable interest are repaid from the recovery according to the contract. Before signing, a plaintiff should understand the principal amount, interest calculation, repayment timing, and every applicable term. The Milestone Foundation describes its pre-settlement funding as 15% simple annual interest. Interest is calculated on the principal and never compounds. Pricing is disclosed before signing, and there are no hidden fees.

Attorney representation and case review are required

Car accident cases are eligible for review when the plaintiff is represented by an attorney. Attorney participation is required, and the attorney must acknowledge or approve the request. Case details are verified directly with counsel so the funding decision can account for the claim, expected recovery, liens, and other relevant facts. This review is not a promise that funding will be approved, a case will settle, or a particular amount will be recovered.

The Milestone Foundation is the United States’ first and only 501(c)(3) nonprofit consumer litigation funding organization. Its model is designed as a mission-driven alternative to traditional for-profit litigation funders, with an emphasis on fairness, transparency, and access to justice. For a broader explanation of how this type of support works, read the car accident lawsuit funding guide. A plaintiff should also discuss the decision with counsel and borrow only what is appropriate for essential needs.

Which Car Accident Lawsuit Loan Contract Questions Matter?

Before accepting any advance, read the repayment terms with your attorney and ask for plain-language answers. The goal is to understand what you may repay, when repayment occurs, and what protections apply if the case takes longer than expected. A clear contract should make those answers easy to find.

  1. What is the exact principal amount? Confirm the amount you will receive, whether any amount is withheld or deducted before funding, and how the principal appears in the agreement. Repayment calculations should begin with a clearly stated number, not an estimate or verbal promise.
  2. Is the interest simple, and what annual rate applies? The Milestone Foundation’s pre-settlement funding uses 15% simple annual interest. Simple interest is calculated only on the original principal. For example, one year of interest at 15% equals 15% of the original principal before any applicable contract terms. The actual repayment amount depends on the agreement and the time outstanding.
  3. Does interest ever compound? Ask this directly. With compound interest, accumulated interest is added to the balance, and later interest is charged on that larger amount. The Foundation’s pre-settlement interest never compounds, so interest is not added to the principal to generate more interest. If a contract uses different language, ask your attorney or the funder to explain it before signing.
  4. Are there hidden fees or other charges? Ask whether application, origination, processing, wire, servicing, or other fees apply. The Foundation states that pricing is disclosed upfront and that it charges no hidden fees. Still, review the full contract and request a written explanation of every line item. For a deeper explanation of how an advance can affect repayment and recovery, see this pre-settlement funding cost guide.
  5. When does repayment become due? Clarify whether repayment is expected only after the case resolves, how the funder is paid from settlement proceeds, and what happens if resolution is delayed. Do not assume a projected case timeline is a promise. Your attorney can help you understand how repayment fits with settlement disbursement and other obligations.
  6. What happens if the case loses or does not settle? Confirm the non-recourse provision in the contract. Non-recourse funding generally means you owe nothing if the case is lost or does not produce a recovery, with no personal liability or claim against other assets. Ask your attorney to identify this provision and explain any conditions in the agreement.
  7. Is there a repayment cap, and exactly how does it work? If a cap is offered, ask whether it applies to your specific agreement, what it includes, and how it changes over time. Do not rely on a general webpage or conversation when the signed contract controls. Keep a copy of the final agreement for your records.

These questions are not meant to rush a decision. They help you compare the contract with your needs and preserve your ability to make an informed choice with counsel.

What Happens if the Case Loses or Takes Longer Than Expected?

Before accepting any advance, consider two uncertainties: your claim may take longer than expected, or it may not result in a recovery. A responsible funding decision accounts for both without assuming how the case will end.

What non-recourse really means

Non-recourse funding means repayment depends on a successful settlement or recovery. If the case is lost or does not settle, the plaintiff owes nothing on the advance. There is no personal liability and no recourse to other personal assets. This is a central difference between a non-recourse litigation advance and ordinary debt, but it should still be explained clearly in the written agreement.

Ask your attorney and the funding provider to walk through the exact repayment terms before signing. Confirm what happens if the case is dismissed, proceeds are delayed, or the recovery is smaller than expected. You should understand the agreement in plain language, including when repayment is due and how the balance is calculated. The Milestone Foundation FAQ page answers common questions about non-recourse funding and repayment.

Why case duration affects the decision

A pending injury claim can take months or longer to resolve. Negotiations, medical treatment, discovery, court schedules, appeals, and other case developments can affect timing. While an advance can help with essential expenses such as housing, transportation, groceries, utilities, or medical care, interest may continue to accrue while the case remains pending under the contract terms. That makes the length of the case an important question, even when the interest is simple rather than compound.

For example, The Milestone Foundation describes pre-settlement funding at 15% simple annual interest, and interest never compounds. Simple interest is calculated on the principal rather than on accumulated interest. Even so, a longer timeline can increase the total repayment amount when repayment is owed. Ask your attorney to help you evaluate whether the amount requested is limited to a genuine financial need and whether your budget can withstand a delayed resolution.

Funding should not dictate settlement decisions

Financial pressure can make a quick settlement feel necessary, even when waiting may be appropriate. Funding does not guarantee a larger settlement, improve the legal merits of a claim, or change what an insurer or court will offer. Its purpose is to help address immediate needs while preserving the ability to consider the case carefully, not to promise a particular outcome.

Discuss the decision with your attorney before applying for a car accident lawsuit loan or advance. Your attorney can help you consider the case outlook, likely timing, projected repayment, and whether taking funds could affect your choices. You should never feel pressured to borrow, accept an offer, or settle simply because funding is available.

What Should Your Attorney Review Before You Accept Funding?

Attorney participation is required before a plaintiff can receive pre-settlement funding. That requirement protects the integrity of the case and gives counsel an opportunity to verify the claim. Confirm the requested advance, and discuss how funding may fit the client’s circumstances. Whether a client calls it a car accident lawsuit loan or a lawsuit advance, the decision should be reviewed with the attorney before any agreement is signed.

Confirm the case details and repayment structure

Counsel should confirm the parties, insurance coverage, injuries, treatment, liability position, stage of litigation, and realistic case timeline with the funder. The provider should explain what it needs from the law firm and provide the proposed terms in plain language. The Milestone Foundation’s pre-settlement rate is 15% simple annual interest. Interest is calculated on the principal and never compounds. Pricing should be disclosed upfront, with no hidden fees. The attorney and client should still read the current contract carefully, including repayment timing, any cap, and what happens if the case takes longer than expected.

Protect client choice and settlement authority

Funding can help a client manage essential expenses while a case proceeds, but it does not guarantee a larger settlement or a particular legal result. Counsel should discuss whether the amount requested is proportionate to the client’s needs and whether future repayment could create pressure to accept an unfair offer. A funder should not direct litigation strategy, require a settlement on a preferred schedule, or encourage a client to borrow more than necessary. The client remains the decision-maker about personal finances and settlement choices, while the attorney remains responsible for legal advice.

Identify conflicts, liens, and confidentiality concerns

Before moving forward, counsel should consider potential conflicts of interest, existing medical or statutory liens or other obligations that may affect recovery, and the effect of the agreement on the client’s net proceeds. The attorney should also review confidentiality provisions and share only information reasonably needed to evaluate the claim, consistent with professional responsibilities and applicable law. A non-recourse structure matters here: with The Milestone Foundation, the plaintiff owes nothing if the case is lost, but the agreement’s exact terms still deserve careful review.

The Milestone Foundation is the United States’ first and only 501(c)(3) nonprofit consumer litigation funding organization, not a typical for-profit lawsuit-loan company. Attorneys and clients can use this ethical pre-settlement funding guide as a deeper review of attorney oversight, fiduciary considerations, and client autonomy before accepting funds.

How Will the Funds Be Used, and What Is the Process?

Pre-settlement funding is intended to help cover essential expenses while a car accident case is pending. Depending on your circumstances, permitted uses may include housing, transportation, groceries, utilities, medical care, and other necessities. The purpose is to reduce immediate financial pressure, not to encourage unnecessary borrowing or influence the value or timing of your claim.

What information will you need to provide?

An application generally begins with basic information about you, your accident, and your legal representation. You may be asked for contact information, case details, information about medical treatment, and documents relevant to the claim. The funder also needs to verify the case directly with your attorney. Attorney representation and attorney acknowledgment or approval are required for this type of funding.

Review the pre-settlement funding requirements before applying so you can understand the usual documentation and questions. Your attorney should have an opportunity to review the proposed terms, consider your interests, and discuss whether an advance fits your situation. You remain free to wait, ask questions, or decide not to proceed.

How long can the review take?

The Foundation describes its average review process as about one business week, with funding delivered one to two business days after approval. These are averages for context, not promises. Actual timing can vary based on the completeness of the application, how quickly case information is confirmed, the complexity of the claim, and the funder’s review. Approval and funding amounts are never guaranteed.

Before signing, ask what information is still needed, when your attorney must respond, and when any approved funds could be delivered. You can also review the Apply for Funding page for current application information and terms. If you do apply, consider requesting only what addresses a genuine need and discuss the decision with your attorney. A transparent process should give you enough information to make a voluntary, informed choice without pressure.

How Should You Compare a Nonprofit Funder With Other Options?

When people search for a car accident lawsuit loan, they may find providers that use very different business models and contract structures. Comparing the label alone is not enough. Look at how interest is calculated, what happens if the case loses, whether terms are disclosed before signing, and whether the provider respects the attorney-client relationship.

The Milestone Foundation is the United States’ first and only 501(c)(3) nonprofit consumer litigation funding organization. Its mission-driven model is designed to provide an alternative to conventional, for-profit funding. Compare providers using this table.

Questions to ask when comparing litigation funding providers
Comparison point The Milestone Foundation Questions for other providers
Organizational model 501(c)(3) nonprofit focused on fair access and plaintiff welfare. Is the provider nonprofit or for-profit, and how does that structure affect its priorities?
Interest calculation Pre-settlement funding uses 15% simple annual interest. Interest never compounds. Is interest calculated only on the original advance, or does unpaid interest become part of the balance?
Transparency Pricing and terms are disclosed before signing, with no hidden fees. Can you review the complete repayment obligation in plain language before accepting funds?
Recourse Funding is non-recourse. If the case is lost, the plaintiff owes nothing. Could the provider pursue personal assets or require repayment from another source?
Attorney alignment Attorney participation is required, and case details are verified with counsel. Does the provider communicate with the attorney and protect the client’s independent decisions?
Sales pressure The decision to seek funding remains with the plaintiff and attorney. Borrowing is not encouraged simply to increase an advance. Are you given time to review the agreement, or are you pushed to accept more money than needed?

A responsible comparison also considers whether the advance could affect settlement discussions. Funding should help with essential expenses without giving a provider control over the case or pressuring anyone to settle. Attorneys should review the arrangement for client interests, conflicts, confidentiality, and case strategy.

For a deeper framework, read about ethical consumer litigation funding. The goal is not to choose the largest advance. It is to understand the full obligation and select an option that is transparent, non-recourse, and consistent with a fair resolution.

Review Your Funding Options

Frequently Asked Questions

Is a car accident lawsuit loan really a loan?

People often use that phrase for a pre-settlement advance. The arrangement is generally non-recourse funding tied to a pending claim, rather than ordinary personal debt. The Milestone Foundation provides nonprofit consumer litigation funding, and your attorney must participate in reviewing the case and the agreement.

What should I confirm about the total repayment amount?

Ask how the provider calculates interest, when repayment is due, whether any fees apply, and whether a repayment cap is included in the current contract. The Milestone Foundation states that pre-settlement funding uses 15% simple annual interest, interest never compounds, and there are no hidden fees. Review the written terms with your attorney before signing.

What happens if I lose my car accident case?

With non-recourse funding, you owe nothing if the case is lost or does not settle, and the provider cannot pursue your other assets for repayment. Confirm that protection in the agreement. Funding does not guarantee a favorable result or a larger settlement, so discuss the decision and possible case duration with your attorney.

How involved does my attorney need to be?

Attorney involvement is required. Counsel verifies case details, considers the client’s interests and any conflicts, and reviews how funding could affect settlement decisions, liens, confidentiality, or the litigation strategy. Your attorney should help you understand the agreement without pressuring you to accept or reject funding.

How can I use the funds?

Pre-settlement funding is intended to help with essential expenses while the case is pending, such as housing, transportation, groceries, utilities, or medical care. Before applying, identify the specific financial need, consider whether the advance is necessary, and ask your attorney and the provider about any use restrictions in the agreement.

Before making a decision, discuss your circumstances and the proposed agreement with your attorney.

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September 1, 2026

Litigation Finance vs. Litigation Funding Explained

When attorneys or plaintiffs search for litigation finance, they may be looking at very different kinds of financial support. The phrase can describe capital for a business dispute, money for a law firm portfolio, or a consumer litigation advance. A consumer advance can help an individual manage essential expenses while a case is pending. The label alone does not tell you who receives the money, how repayment works, or whose interests shape the agreement.

In plain language, litigation finance is a broad category. Litigation funding is often used as a synonym, especially when a third party provides capital connected to a legal claim. But attorneys should evaluate the actual structure, not rely on terminology. The key questions involve cost, recourse, transparency, control of the case, and the client’s ability to make a voluntary decision.

Learn how plaintiff funding works with attorney participation and clear terms. The sections below separate commercial finance from consumer funding and provide a practical review framework.

What Does Litigation Finance Mean?

Litigation finance generally means that an unrelated third party provides capital connected to a legal dispute. Depending on the arrangement, the money may support a business pursuing a commercial claim. Help a law firm manage a portfolio of contingency matters, or provide a plaintiff with an advance. The provider expects repayment or a return according to the agreement and the outcome of the matter.

Litigation funding is commonly used to describe the same broad practice. In everyday writing, the terms often overlap. Some providers use litigation finance to emphasize commercial disputes and investment structures, while others use litigation funding for money advanced to claimants or law firms. There is no reliable way to evaluate an offer from the label alone. The written agreement and the surrounding process matter more.

A consumer plaintiff should ask whether the arrangement is pre-settlement or post-settlement funding. Pre-settlement funding is intended for a plaintiff whose case is still unresolved. Post-settlement funding may help when a settlement has been reached but distribution is delayed. These are different situations from a business receiving capital to pay litigation expenses or a law firm arranging portfolio finance.

What does non-recourse mean?

Many litigation finance arrangements are described as non-recourse. In a non-recourse plaintiff arrangement, repayment depends on a recovery under the contract. If the case does not produce a recovery, the plaintiff generally owes nothing, but the agreement controls the details and should be reviewed carefully. Non-recourse does not mean cost is irrelevant. If the case resolves favorably, the repayment amount can affect the client’s net recovery.

For attorneys, the practical starting point is to translate the label into four facts: who receives the money. What the money may be used for, what triggers repayment, and how the provider is compensated. That translation keeps a broad industry term from hiding a structure that may not fit the client’s needs.

How Is Litigation Finance Different From Consumer Litigation Funding?

The most important distinction is not always the name of the product. It is the use case. Commercial litigation finance may be designed for a company, business legal department, or law firm. Consumer litigation funding is designed for an individual plaintiff who needs financial breathing room while a civil claim moves forward. Both may involve a legal dispute and a non-recourse structure. Yet the people, needs, and review questions can be different.

Type of support. Typical recipient. Primary purpose. Questions to review.
Commercial litigation finance. Business or corporate legal team. Case expenses, working capital, or risk management. Authority, portfolio structure, control, and return terms.
Law firm or portfolio finance. Law firm. Managing cash flow across contingency matters. Firm obligations, matter selection, conflicts, and client impact.
Consumer litigation funding. Individual plaintiff. Living expenses, medical bills, and other essentials. Client cost, repayment, voluntary choice, and attorney review.

Commercial providers often describe funding as a tool for businesses and law firms to pay case-related costs or manage broader financial needs. That content can be useful background, but it should not be treated as a consumer funding explanation. A plaintiff usually needs a simpler answer: how much will the agreement cost if the case resolves. What happens if it does not, and whether the funding could affect decisions about settlement.

The terms also differ in scale and process. A commercial funder may conduct extensive due diligence on a business claim, an award, or a portfolio. A consumer funder may verify the plaintiff’s representation, case status, and likely recovery with the attorney. Neither process should transfer legal decision-making to the provider.

These distinctions help attorneys avoid a common mistake: importing assumptions from commercial legal finance into a consumer matter, or assuming that every consumer advance follows the same terms. Before recommending or discussing an option, identify the intended recipient, permitted use, repayment method, and decision-makers. For a broader discussion of nonprofit access to justice funding, review how a mission-driven model can support plaintiffs without treating them as ordinary borrowers.

Why Do Attorneys Need to Look Beyond the Label?

An attorney’s review should begin with the client’s interests, not the provider’s preferred vocabulary. A funding offer can sound reassuring while leaving important questions unanswered. Who benefits from the transaction? What incentives does the provider have? Can the client understand the likely cost? Does the agreement preserve the attorney’s and client’s control over litigation and settlement decisions?

Funding may help reduce financial pressure during a long case. A plaintiff who cannot pay rent, transportation costs, groceries, utilities, or medical expenses may feel pushed toward an early settlement. Access to funds can create breathing room, but it should not create a different kind of pressure. The decision to accept funding must remain the client’s informed, voluntary choice.

Control should remain with the attorney and client

A responsible provider should not direct legal strategy, select trial tactics, or pressure an attorney to settle or refuse a settlement. The provider’s financial interest does not replace the attorney’s professional judgment or the client’s authority to make decisions about the case. Attorneys should read any provisions concerning communication, information rights, settlement approval, repayment priority, and disputes before presenting the option to a client.

Review the client’s net recovery

Non-recourse status protects a plaintiff from repayment if the case produces no recovery, subject to the agreement’s terms. It does not make the cost immaterial when the case resolves. The attorney should help the client understand what repayment could mean for the net settlement and compare the offer with the client’s actual need. A smaller advance may be more appropriate than taking more money simply because it is available.

The provider’s process matters too. Attorney acknowledgment and case verification can help ensure the offer is tied to a real case and an informed review. Attorneys can use this review alongside their professional responsibilities and any applicable rules or disclosure obligations. For a deeper attorney-focused framework, see this guide to ethical pre-settlement funding. The separate topic of litigation funding disclosure rules should be checked independently rather than assumed from a general definition.

How Do Interest and Repayment Terms Work?

Cost is where similar-sounding offers can become materially different. Simple interest is calculated only on the original principal. Compound interest is calculated on the principal plus accumulated interest, so interest can grow on prior interest. Attorneys should ask the provider to show the calculation in plain language and identify every amount that could be owed at resolution.

The Milestone Foundation states its approved consumer funding structure directly: pre-settlement funding is offered at 15% simple annual interest, and post-settlement funding is offered at 10% simple interest. Interest never compounds. The agreement still controls the transaction, so a client and attorney should review the actual terms before accepting an offer.

What should a repayment review include?

  1. Identify the principal. Confirm the amount advanced and whether the client is requesting only what is needed for essential expenses.
  2. Identify the interest method. Ask whether interest is simple or compound, what rate applies, and how time is measured.
  3. Check the repayment trigger. Confirm what happens if the case loses, is dismissed, resolves for less than expected, or remains unresolved.
  4. Look for additional charges. Ask whether there are fees, escalators, administrative charges, or other deductions beyond the stated interest.
  5. Estimate the effect on recovery. Compare the expected repayment with the client’s likely net recovery without presenting the estimate as a guaranteed result.

Transparent terms should be available before the client commits. The Foundation’s model includes no hidden fees and distinguishes simple interest from compounding models. Attorneys can also point clients to this explanation of the simple-interest funding model when discussing how repayment can affect a settlement.

A clear cost explanation is not a sales pitch. It is part of helping a client make an informed decision. If the provider cannot explain the balance in a way the client understands, the attorney should pause and request clarification before the client signs.

What Should Plaintiff Attorneys Ask a Funding Provider?

Once the attorney knows whether the request is commercial, law-firm, or consumer-oriented, a short checklist can expose the differences between providers. The goal is not to steer a client toward borrowing. It is to make sure the client receives enough information to decide whether funding fits the situation.

Questions about the agreement

  • Is the funding non-recourse, and what exactly happens if the case produces no recovery?
  • What principal, interest method, rate, and timing formula appear in the contract?
  • Are there any fees or charges beyond the disclosed interest?
  • How will the repayment amount be calculated when the case resolves?

Questions about incentives and control

  • Does the provider have any right to approve, reject, or pressure a settlement?
  • Who communicates with the client, and can those communications feel coercive?
  • What information does the provider need from counsel, and how is confidentiality addressed?
  • Will the provider respect the attorney’s legal strategy and the client’s decision-making authority?

Questions about client fit

  • What essential expense is the client trying to cover?
  • Could a smaller advance solve the immediate problem?
  • Does the client understand the effect of repayment on the eventual recovery?
  • Has the client had enough time to ask questions without pressure?

In the Foundation’s process, the plaintiff must be represented by an attorney, and attorney acknowledgment and case verification are required. That structure does not eliminate the need for independent attorney judgment, but it keeps counsel involved in evaluating whether the option is appropriate. The decision should be documented in a way that reflects the client’s interests and the applicable professional obligations.

Use this checklist with the Foundation’s attorney considerations for funding, and keep state-specific rules separate. A general article about terminology cannot replace advice about the law of the jurisdiction where the matter is pending.

Why Does the Provider’s Business Model Matter?

Two providers can use the same words and still create very different client experiences. A for-profit funder may evaluate an agreement primarily as an investment. A nonprofit funder can organize its work around a mission, while still needing to verify cases and structure sustainable terms. The important point is not to assume that every nonprofit or every commercial provider operates identically. It is to ask how the model affects incentives, pricing, transparency, and client support.

The Milestone Foundation is the first and only 501(c)(3) nonprofit consumer litigation funding organization. Its stated mission is to provide a fair, transparent alternative to traditional for-profit litigation funders. In consumer matters, that distinction is relevant because the plaintiff is managing personal financial pressure while the attorney is protecting the client’s legal interests.

A mission-driven model should still be evaluated carefully. Attorneys should request clear written terms, understand how simple interest is calculated. Confirm that interest never compounds, and ask what happens if the case does not produce a recovery. They should also confirm that the provider does not attempt to control legal strategy or settlement decisions.

For plaintiffs, the business model may affect how clearly the offer is explained and whether the conversation feels like education or pressure. Ethical funding should help a person understand an option, not encourage them to take money they do not need. It should also avoid hidden fees and make the repayment effect understandable before the agreement is signed.

The Foundation serves plaintiffs nationally in matters including personal injury, medical malpractice, product liability, sexual abuse, and mass tort cases. Attorney participation and case verification are required. That does not mean an application guarantees approval or a particular recovery. It means the funding conversation is anchored to a represented case and reviewed with counsel.

Attorneys who want a broader mission-focused context can read about nonprofit access to justice funding. The best provider is the one whose actual agreement, incentives, and process can be explained clearly to the client.

Contact the Foundation about a client funding question only after reviewing the client’s need and the applicable professional responsibilities.

Frequently Asked Questions About Litigation Finance

What is litigation finance?

Litigation finance is a broad term for capital provided by an unrelated third party in connection with a legal dispute. It can include commercial case finance, law-firm portfolio finance, or consumer funding for an individual plaintiff. The agreement determines the permitted use, cost, repayment terms, and decision-making rights.

Is litigation finance the same as litigation funding?

The terms are often used interchangeably, but they do not identify one standard product. Some providers use litigation finance for commercial or investment-oriented arrangements and litigation funding for plaintiff or law-firm support. Attorneys should evaluate the actual contract rather than rely on the label.

Do plaintiffs repay funding if they lose their case?

Non-recourse funding generally ties repayment to a recovery, so a plaintiff generally owes nothing if the case does not produce one, subject to the written agreement. The client should still understand what is owed if the case resolves and how the repayment affects the net recovery.

Does a funding provider control the lawsuit?

A responsible provider should not control legal strategy, trial choices, or settlement decisions. Those decisions remain with the client and attorney. The attorney should review any contract language about communication, information rights, settlement, and repayment before the client accepts funding.

What is The Milestone Foundation’s role?

The Milestone Foundation is the first and only 501(c)(3) nonprofit consumer litigation funding organization. It offers pre-settlement funding at 15% simple annual interest and post-settlement funding at 10% simple interest, and interest never compounds. Attorney participation and case verification are required.

Discuss a Consumer Funding Question

Litigation finance can mean different things in different settings. If a represented plaintiff is facing financial pressure, start with the client’s actual need, review the agreement carefully, and involve the attorney in the process.

The Milestone Foundation can explain its nonprofit consumer funding model, including simple-interest and non-recourse terms. Apply for funding or contact the Foundation through the secure application page. Attorney participation and case verification are required, and an application does not guarantee approval or a case outcome.

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