By Julia Saunders

When people think about pre-settlement funding, they often assume the approval process is the same regardless of the type of legal claim. In reality, litigation funding companies evaluate mass tort cases very differently than traditional personal injury claims.

While both types of cases may involve individuals who have been injured through no fault of their own, the path to resolution—and the financial risks involved—can be dramatically different. Those differences shape how funding companies review applications, determine eligibility, and decide how much funding they can provide.

Why Mass Tort Cases Are Different

A traditional personal injury case typically involves one plaintiff pursuing a claim against one or more defendants after a specific event, such as a motor vehicle accident or premises liability incident. The facts, injuries, and potential recovery are unique to that individual plaintiff.

Mass tort litigation is different. Although each plaintiff maintains an individual claim, hundreds—or even thousands—of similar cases are often coordinated because they involve the same defective product, pharmaceutical drug, medical device, or widespread misconduct.

Because of the complexity and scale of these cases, predicting when a case will resolve—and what an individual claimant may ultimately recover—is often much more challenging.

What Funders Consider When Evaluating Mass Tort Claims

Since mass tort cases often take longer to resolve and involve additional uncertainty, funding companies generally apply more conservative underwriting standards than they would for a typical personal injury case.

Some of the factors they commonly evaluate include:

The Stage of the Litigation

Many funders prefer established mass torts that have progressed beyond the earliest stages of litigation. Cases that are part of a mature multidistrict litigation (MDL), have completed significant discovery, or have demonstrated settlement momentum are generally viewed as less risky than newly filed mass torts.

Strength of Counsel

Attorney experience becomes even more important in mass tort litigation. Funders often consider whether the claimant is represented by a firm with substantial experience handling that particular litigation and a proven ability to successfully navigate complex mass tort cases.

Settlement Outlook

Unlike many personal injury cases, mass tort recoveries often depend on broader litigation developments, including bellwether trial outcomes, settlement negotiations, claims administration processes, and allocation methodologies. These factors can make both the timing and amount of recovery more difficult to predict.

Advance Amounts

Because of the increased uncertainty, many funding companies provide smaller initial advances for mass tort claimants than they would for traditional personal injury cases. Additional funding may be considered later as the litigation progresses and more information becomes available.

More Comprehensive Underwriting

Mass tort underwriting frequently involves a deeper review of case-specific and litigation-wide information. In addition to reviewing medical records and attorney documentation, funders may evaluate:

• The maturity of the litigation
• Prior settlement history
• Bellwether trial results
• Expected resolution timeline
• Projected allocation methods for individual claimants

Why This Matters for Plaintiffs

Mass tort plaintiffs often face the same financial hardships as any other injured individual. Medical bills continue to accumulate, household expenses remain due, and many people are unable to work while their cases move through the legal system.

At the same time, the unique characteristics of mass tort litigation require funding companies to carefully balance risk with the needs of claimants. That often results in a more detailed underwriting process and, in many cases, more conservative funding decisions.

The Milestone Foundation’s Approach

At The Milestone Foundation, we recognize that no two plaintiffs—or cases—are exactly alike. Whether someone has a traditional personal injury claim or is participating in a mass tort, our team evaluates each application individually while remaining committed to our nonprofit mission.

Our goal is to provide plaintiffs with straightforward, affordable financial support when possible through simple interest rates, transparent terms, and a funding model designed to help individuals navigate financial hardship while pursuing justice.

If you have questions about whether your case may qualify for funding, our team is always available to discuss your options.