The Risks of Litigation Finance
Litigation finance may be a better alternative to utilizing the traditional methods of raising funds for your pending lawsuits. But, before you make that decision, you need to consider the impact of litigation finance on your ability to pursue your lawsuit.
With the advances in technology, the cost of conducting the litigation has decreased, especially if you have a lawsuit that is only a few years old and the plaintiff is experiencing financial difficulty. With more plaintiff cases currently filed than ever before, it is inevitable that a number of litigants will seek to utilize litigation finance instead of suing for more money.
If you are considering litigation finance, you should try to choose a case that has been settled previously. Litigation finance experts may also recommend such cases to you. Settlements are usually not made public, but settlements have proven to be lucrative for plaintiffs when they are disclosed, and could be a huge benefit for your case.
Yet, there are disadvantages to litigation finance that you need to consider as well. If the case is going to take years to resolve, you will need to settle prior to using the litigation finance. The cost of settlements, on average, around ten times as much as the cost of pursuing a lawsuit.
Litigation finance can be a great benefit if you are going to settle quickly, but in most cases the legal costs associated with settling are significantly higher than the financial help. In addition, this type of litigation finance will not allow you to take on additional cases, which would be important if you were going to go on to pursue litigation. You can lose many potential clients because of this.
Litigation finance can provide you with another opportunity to collect settlement payments from the defendants. If you settle quickly and easily, it may also enable you to negotiate a lower amount and terms of payment, so you are actually able to recover your losses and expenses. There are other advantages to filing a lawsuit this way, such as being able to hold the defendant accountable.
When you take on litigation finance, you may find that the amount you are being provided is insufficient to cover all of your expenses associated with the case. This situation could result in a lawsuit collection lawsuit, which will continue to eat up a considerable amount of your budget. You could even end up losing a substantial amount of money.
Additionally, there is a significant increase in the complexity of your case as well. Litigation finance requires a certain level of diligence and creativity that can really complicate a case when you file it. A good idea would be to continue to practice your strategy on another case until you have mastered the legal process involved with litigating.
The best way to handle litigation finance is to be smart about it. If you expect to be unable to complete your case, then don't even bother approaching a litigator.
If you do need to pursue a lawsuit, you need to be realistic about your expectations from a law firm. Unless you have had prior experience with litigators, it is wise to consult with several lawyers before agreeing to proceed. Don't get too involved with any one lawyer and if you feel uncomfortable, then don't pursue the case.
It can be tempting to use litigation finance simply because of the publicity that comes with it. However, litigation finance can also make it harder to sue and keep your case moving along. For example, if you have signed a non-disclosure agreement, then you need to stop communicating with the defendants and even the discovery process could be delayed or even stopped entirely.
This may seem unfair, but in the world of litigation finance, people can sometimes try to manipulate the law by not letting the court know what is going on. Litigation finance can be tricky and you should avoid it at all costs. In the world of litigation finance, there is no winning situation, so better safe than sorry.
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