Why Wait For Your Settlement?
Apply Now

Understanding Pre-Settlement Funding: A Guide for Nevada Residents

Are you a Nevada resident who needs to understand pre-settlement funding? We’ve got you covered. In this article, we will explain the basics of pre-settlement funding in Nevada, give you an overview of the eligibility criteria, and discuss the pros and cons of this type of funding. We’ll also provide an overview of the legal framework governing pre-settlement funding in Nevada and case studies of how this type of funding has helped Nevada residents.

The Basics of Pre-Settlement Funding in Nevada

Pre-settlement funding is a type of loan that offers you cash before your case is settled. It’s designed to help you cover expenses while you wait for your case to be resolved and is a great option for those short on cash who need help meeting their financial obligations.

The process is relatively straightforward. 

  • First, you must complete an application and provide documentation such as bank statements and proof of income. 
  • You’ll receive the money after your application is approved within a few days. 

The amount of funding you can receive depends on the specifics of your case. It’s important to note that pre-settlement funding is not a traditional loan. Instead, you’ll repay the funding only if you win or settle your case. When shopping for pre-settlement funding, it’s important to do your research. Different companies offer different rates and terms. Ensure you understand the terms of the loan and the cost of borrowing before you decide. It’s also a good idea to read reviews from other customers to understand the company’s reputation better.

Finally, it’s important to understand the risks associated with pre-settlement funding. You should weigh all the pros and cons before deciding if it’s the right option for you. Ensure you’re comfortable with the terms of the loan and understand the potential risks before signing any agreement. Pre-settlement funding can be a great option for those needing cash, but it’s important to be informed and proceed cautiously.

Eligibility Criteria for Pre-Settlement Funding in Nevada 

We may be eligible for pre-settlement funding if we meet certain criteria; however, it’s important to know the restrictions before applying. In Nevada, the eligibility criteria for pre-settlement funding consist of the following requirements: 

  1. The plaintiff must be a resident of the state, 
  2. The case must be in the process of being litigated, 
  3. The plaintiff must have a valid claim with a reasonable likelihood of success. 

Additionally, an attorney must represent the plaintiff, and the lawsuit must involve physical injury or economic damages.

Furthermore, the pre-settlement funding provider may have additional restrictions, such as a minimum claim amount or specific types of cases that are not eligible. Regarding the application process, most pre-settlement funding providers require applicants to submit their case’s relevant paperwork and documents. This includes the complaint, settlement agreement, or court order. 

Also, the pre-settlement funding provider may require the applicant’s attorney to sign a written agreement. Knowing the eligibility criteria and restrictions when applying for pre-settlement funding in Nevada is important. This will help ensure that the application process runs smoothly and that the applicant can be approved. Knowing the requirements upfront can also help the applicant determine if pre-settlement funding is the right option for them.

Pros and Cons of Pre-Settlement Funding 

Navigating the pros and cons of pre-settlement funding in Nevada can be complicated, but it’s important to consider both sides before deciding. 

For Nevada residents, there are several benefits to seeking pre-settlement funding. These include:

  1. Lowering the financial burden of a lawsuit: Pre-settlement funding can provide much-needed financial relief for individuals struggling with their lawsuit’s costs.
  2. Increased access to legal services: By obtaining pre-settlement funding, individuals can access better legal services, such as a reputable lawyer, that they may not have been able to afford otherwise.
  3. A quicker resolution: Pre-settlement funding can help speed up the resolution of a lawsuit, so individuals can get the funds they need faster.

Of course, there are also some drawbacks to pre-settlement funding. These include:

  1. High interest rates: Pre-settlement funding companies typically charge high interest rates, making it difficult for individuals to repay the loan.
  2. Limited availability: Pre-settlement funding is not available to everyone, particularly those with poor credit scores.
  3. The possibility of losing your case: If you don’t win, you may be unable to repay the loan, which could put you in a difficult financial situation.

Considering the pros and cons of pre-settlement funding is key when deciding whether or not to pursue it. While there can be great benefits, it’s important to weigh the risks against the rewards and decide whether pre-settlement funding is the right choice for you.

The Legal Framework Governing Pre-Settlement Funding in the State

Learning the legal framework behind pre-settlement funding in Nevada is essential for making an informed decision about pursuing it. Understanding the laws regulating pre-settlement funding and how they affect the loan process is important.

Pre-settlement funding is also known as a lawsuit loan or pre-settlement loan, and it’s a type of non-recourse loan based on the anticipated outcome of a pending lawsuit. The Nevada Division of Financial Institutions does not regulate it but is governed by the Nevada Revised Statutes.

The Nevada Revised Statutes provide a comprehensive legal framework for pre-settlement funding, including requirements for lenders, loan terms, and the process for repayment. For example, NRS 604A.630 restricts lenders from charging a rate of interest greater than 10 percent. Additionally, NRS 604A.620 requires lenders to provide borrowers with full disclosure of all terms and conditions of the loan agreement prior to accepting the loan.

It’s also important to note that pre-settlement funding is unavailable for all types of lawsuits. For example, NRS 604A.510 restricts pre-settlement funding to cases involving personal injury, wrongful death, or civil rights violations. Additionally, NRS 604A.500 restricts pre-settlement funding to cases involving a defendant with sufficient assets to cover any potential award or settlement.

Finally, pre-settlement funding is not always the best option for those seeking financial assistance during a lawsuit. It’s important to understand the risks associated with pre-settlement funding, including the possibility of losing the loan if the lawsuit is unsuccessful. It’s also important to note that pre-settlement funding doesn’t guarantee a lawsuit’s success and that loan repayment can be complicated. Educating oneself on the legal framework governing pre-settlement funding is the best way to make an informed decision about whether or not to pursue it.

Frequently Asked Questions

What are the key differences between pre-settlement funding and traditional loans or advances?

Pre-settlement funding is not based on credit history or employment status, unlike traditional loans or advances. The funding decision is primarily based on the merits of the pending lawsuit.  

Additionally, pre-settlement funding is non-recourse, meaning that if the case is lost, the recipient is not obligated to repay the funding. Traditional loans, on the other hand, typically require repayment regardless of the case outcome.

How long does it typically take to receive pre-settlement funding?

After approval of your application, you can get the funds in less than twenty-four hours. However, before that, you must review and sign the loan agreement. It is also necessary for your lawyer to review and sign the pre-settlement loan agreement.

What fees are associated with pre-settlement funding in Nevada?

Pre-settlement funding companies typically charge fees and interest on the funds provided. These fees are often called “discount rates” or “funding fees.” It’s important to review and understand the terms and conditions of the funding agreement, including the fees and interest rates, before accepting the funds. Our fees are simple to handle, saving you more money.

Will my attorney be involved in the pre-settlement funding process?

Your attorney will play a crucial role in the pre-settlement funding process. The funding company will typically work directly with your attorney to gather the necessary case information and documentation. Your attorney’s cooperation and involvement are essential to facilitate the funding process and ensure the terms align with the legal case.

What happens if I lose my case after receiving pre-settlement funding?

If your case is lost after receiving pre-settlement funding, you typically do not have to repay the funding. Since pre-settlement funding is non-recourse, the funding company typically bears the risk. The repayment obligation is usually tied to the successful outcome of your case, ensuring that you are not burdened with additional financial stress if your lawsuit is unsuccessful.

Conclusion

We’ve learned much about pre-settlement funding and how it can help Nevada residents. Eligibility criteria are straightforward, and the process’s legal framework is clear. Pre-settlement funding can provide a much-needed lifeline for those needing financial relief. However, it’s important to understand the pros and cons before applying to make an informed decision.All in all, pre-settlement funding can be a great option for those who meet the criteria and understand the risks associated. If you’re looking for pre-settlement funding or other financial solutions in Las Vegas, Nevada, Money First Funding can help. For more information about our services, contact Money First Funding today.