There are many terms commonly used in the legal funding industry and are important for plaintiffs to understand when entering into funding agreements. This week we’re taking a look at case evaluation and how it works in the legal funding process.

Case evaluation in legal funding involves assessing the merits and potential outcomes of a lawsuit to determine its suitability for funding. This process helps funding companies evaluate the risk involved in providing financial assistance to plaintiffs or law firms. 

Case evaluation in legal funding is a comprehensive process that helps funding companies make informed decisions about providing financial assistance while managing their own risk exposure.

Below is a list of steps most case evaluations typically follow in legal funding arrangements.

Initial Assessment

The process begins with an initial assessment of the basic details of the case, including the nature of the legal claim, the parties involved, and the stage of litigation.

Document Review

The funding company reviews relevant documents provided by the plaintiff or their attorney, such as the complaint, legal briefs, evidence, expert reports, and any other pertinent information.

Legal Analysis

Legal experts within the funding company analyze the legal issues involved in the case. They consider factors such as applicable laws, legal precedent, the strength of the legal arguments, and any potential defenses raised by the opposing party.

Evaluation of Damages

The funding company assesses the potential damages that the plaintiff may be entitled to if the case is successful. This includes economic damages (such as medical expenses, lost wages, and property damage) as well as non-economic damages (such as pain and suffering).

Assessment of Liability

The funding company evaluates the strength of the plaintiff’s liability claims against the defendant. This involves analyzing the evidence supporting the plaintiff’s allegations and assessing the likelihood of proving liability at trial.

Risk Assessment

Based on the information gathered during the evaluation process, the funding company assesses the overall risk of providing funding for the case. This includes considering factors such as the likelihood of success, the potential damages sought, the financial stability of the defendant, and any other relevant risk factors.

Financial Analysis

The funding company may also conduct a financial analysis to assess the potential return on investment from funding the case. This involves estimating the amount of funding needed, the expected duration of the litigation, and the potential settlement or verdict amount.

Decision

Based on the case evaluation, the funding company decides whether to offer funding to the plaintiff or the law firm. If the case is deemed suitable for funding, the funding company will communicate the terms of the offer to the plaintiff or their attorney.

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