Pre Settlement Funding – Sharing the Contingency

Personal injury lawsuits are among only a few types of cases in which attorneys are retained on a contingency basis. That is, the attorney only gets paid for his services if the lawsuit is successful and he is paid out of the proceeds. If there are no proceeds, the attorney basically donated his time in the pursuit of justice.

One of the primary reasons why personal injury lawyers accept lawsuits on a contingency fee basis is because it allows all persons equal access to the court system for negligence lawsuits. Attorneys’ specialized knowledge and skill comes with a cost. And not every individual has the financial means to pursue a lawsuit all the way to trial. Undoubtedly, if clients had to pre-pay legal fees, many potentially successful lawsuits would not be prosecuted simply because of the cost.

Contingency Fee Basics

In response to this reality (and perhaps to encourage the property and casualty insurance business), state bar associations allow for a contingency fee arrangement between lawyers and clients in certain types of cases.

Some of the advantages for clients are:

No Recovery – No Fee
The attorney has a stake in the outcome of the case.
The attorney thus has an incentive to maximize the value of the lawsuit.

Of course, attorneys also benefit from an increase of business and the ability to apply his craft and trade. And there are more widespread benefits resulting from contingency fee arrangements between lawyers and clients.

One such benefit is that the contingency fee arrangement acts as a filter of cases with merit. Since no attorney would willingly waste his time, energy and expenses pursuing a case that has little chance of winning, lawyers are naturally inclined to be more selective in their choice of clients. The attorney then, acts as a filter for lawsuits without any real chance of recovery.

Secondly and as stated above, the arrangement also provides access to the court system for all citizens. Persons who could otherwise not afford to pursue a claim are able to do so with little or no out of pocket funding. Providing access to the courts is something any civilized nation would want to provide for the citizenry.

Finally, the emergence of widespread access to the courts, means that more and more individuals were led to purchase insurance coverage to manage the risk. Widespread insurance coverage can be viewed as a social utility whose purpose is to make injured parties whole and safeguard the population against the potential for loss.

Lawsuit Funding Shares the Contingency

As stated above, if a client is represented by an attorney on a contingency basis, his fee is “contingent” on the outcome. His pay is derived from the lawsuit’s monetary awards, usually in the form of a percentage of the proceeds.

If the case is unsuccessful, the attorney does not get paid. In fact, a lost lawsuit produces an economic loss on the lawyer in the form of time and expertise. Moreover, many attorneys will front costs in contingency fee cases. Litigation costs might include filing fees, stenographers, expert retainers, printing and many others. These costs vary from case to case but are nonetheless still value invested by the attorney or law firm.

Likewise, pre-settlement funding companies share in the contingency of lawsuits. Just like the attorneys paying for filing fees or other costs, enterprises which advance cash to plaintiffs, advance those funds in anticipation of repayment at a later date. Essentially, these entities have their compensation “contingent” on the outcome of the lawsuit. If the case is unsuccessful, the lawsuit cash advance does not get repaid and the pre settlement funding company loses its capital.

Obviously, litigation costs are essential to a successful outcome of the lawsuit. Costs such as rent payments, groceries, heating bills, electricity, water and a host of other expenses are essential to the day to day survival and/or comfort of the litigant himself. Both expenditures have their purpose and repayment is contingent on the lawyers skill and the facts of the particular case.

Like any business, settlement advance companies conduct transactions to service a need and profit from the venture. Fair Rate Funding, a leader in the lawsuit finance arena, is proud to serve the needs of our clients, and do so efficiently.

For Those Pursuing Lawsuit Funding and Settlement Loans – Keys to Selecting an Attorney

Are you one of the many who are seeking either lawsuit funding or settlement loans to assist with the expenses of a lawsuit? If you are, do you know when to retain an attorney. Assuming that you do, are clear about what it is you are looking for in an attorney? We’ve provided a few keys to assist you in this selection. Failure to choose correctly may be more costly than you realize.

Most plaintiffs find this task daunting. As a result of both fatigue and frustration, many plaintiffs abandon the thought process, close their eyes, hold their noses and choose an attorney out of convenience alone. Most plaintiffs fail to grasp the significance of retaining a competent attorney to guide them through the litigation-maze.

Most individuals pursuing pre-settlement loans and lawsuit funding find themselves confronted by numerous factors that are beyond their control. Fortunately, selection of the attorney is within their control. Competent attorneys provide an intrinsic value to virtually any meritorious claim.

Undoubtedly, cases that go to trial have many factors over which there is little control. The jurisdiction is often controlled by the facts of the case. The case presiding over the trial is often difficult to control. The jury-pool from which jurors will be selected is contingent, at least to a large degree, on the jurisdiction in which the trial is held. (Of course, the plaintiff often controls whether the case will be tried before jurors.)

If the plaintiff elects to have a jury-trial, it is important to realize that jurors are human, bringing biases, prejudices, presuppositions, etc. to the process. It is foolish to disregard this vital consideration.

Those seeking lawsuit loans would be wise to realize that there is a “cloud of witnesses” (e.g., defendants, attorneys, insurance adjusters, et al. watching them closely. Plaintiffs who elect to disregard this fact do so at their own peril. Such individuals are also unlikely to obtain either lawsuit funding or settlement loans to assist with litigation funding.

Plaintiffs are advised to seek attorneys who are willing to listen carefully to the facts of their case. Attorneys who don’t have time to do this, don’t have time to provide the representation plaintiffs require. Remember, should only take on clients for whom they determine they have sufficient time, resources, and talent.

Too frequently, Personal Injury attorneys get overextended and resort to running practices classified as “mills.” Such practices are a disgrace to the Legal profession and rarely provide true legal representation to their clients. These practices often coerce clients into settling their claims for pennies on the dollar to preclude litigation and allow them to move on to the next “mark.” Such practices significantly compromise the likelihood of obtaining either lawsuit funding or settlement loans.

Fortunately, the vast majority of attorneys are true-professionals who desire the very best for their clients. (Sadly, the public perception is contrary to this fact.) Such attorneys are willing to listen to their clients, meet with clients and reasonable times and in reasonable places, and provide a realistic view of the case the client presents. To such attorneys, educated clients are embraced, not ignored.

Individuals seeking either lawsuit funding or settlement loans substantially increase both the likelihood of prevailing in the underlying litigation and obtaining the lawsuit loans they seek. Failure to proceed judiciously in selecting an attorney may prove disastrous!

No Win No Pay No Risk Attorney Lawsuit Loans Provide Law Firms Innovative Financial Solutions

Law firms work long and hard to achieve financial success. Today however a team of professional financial consultants have developed innovative tools to assist law firms achieve even greater financial success via a unique program called “No Win…No Pay…No Risk” Attorney Lawsuit Loans.

With “No Win…No Pay…No Risk” Lawsuit Loans cases are leveraged TODAY that deliver capital as the program unleashes potential future earnings sitting dead in a firms case files. “No Risk” lawsuit loans are secured only by the case themselves as there’s no reimbursement obligation a firm assumes if the case in unsuccessfully litigated. With “No Risk” Attorney Loans, the investors not the firm absorbs 100% of the risk on every case leveraged, period doing such without involvement in the way a firm handles case management.

“It’s really a venture capital investment in a firm’s portfolio explained the founder of 1st Choice Funding, Kari E. Gray when recently interviewed about her companies ingenious approach to capital expansion. Ms. Gray continues, “no entity can run on cash flow deficiencies, and until now, a law firms potential earnings were not considered a liquid asset by lenders and could not be leveraged. However “No Risk” attorney loans provide a firm with its future earnings now vs. months and or even years from now when a case may settle. Accessing future earnings can make the difference in the way a firm is able to grow and expand and increase its future earnings capabilities compared to the current methods used by traditional practices.”

The “No Risk” Attorney Lawsuit Loan approach complies with Bar regulations as successfully leveraged cases may pass on to the client, at the time of settlement, the expenses incurred for the loan in addition to contingent fees as apart of the cost to litigate. Thus the bottom line is: win or loose a case, a firm always wins with “No Risk” Lawsuit Loans because “No Risk” Attorney Loans provide “Risk Free” capital without monthly payments, and this feature keeps a firms cash flow uncompromised. “No Risk” capital provides an effective financial solution to the cash flow inconsistencies practices of all sizes must contend with.

1st Choice Funding’s investment portfolio group has collectively unlimited resources for funding as the company offers the following types of financial solutions;

1. Non Recourse Pre Settlement Funding
2. Non Recourse Post Settlement Funding
3. Full Recourse Pre Settlement Funding
4. Full Recourse Post Settlement Funding
5. Business Loans
6. Mortgage Loans
7. Credit Repair
8. Life Settlements & More
(Please visit 1stchoicefunding.com/professionalindex.html).

Each firm has differing financial needs, but 1st Choice Funding’s objective is to provide the lowest cost investment capital to law firms across the U.S. by this innovative approach. The “No Risk” program also affords plaintiffs with Non Recourse Pre Settlement & Non Recourse Post Settlement Funding as well.
(Please visit 1stchoicefunding.com)

Under the “No Risk” program investors do not ask for statements of personal net worth, indebtedness, or lists of assets as “No Risk” Attorney Funding is secured by the practice’s receivables, not its Partners’ assets. After receiving the application and documents, an outline including funding amount, rate, duration, fees, and other important elements are determined based on risk. Upon funding a contract is provided for signature and a lien is then placed on the case as funds are wired to the Law Practice’s account minus setup fees.

“No Risk” Attorney Lawsuit Case Types Include:

Passenger Injuries

Pedestrian Injury

Personal Injury

General Negligence

Civil Rights

Employment Discrimination Whistleblower (Qui Tam)

Product Liability

Construction Negligence

Class Action Mass Tort

Zyprexa

Asbestos

Pharmaceutical Litigation

Airplane Accidents

Appeals

Commercial Torts

Assaults

Fen-Phen

Commercial Appellate Settlements

Sexual Harassment

Boating Accidents

Tobacco/Smoking

Burn Injuries

Worker’s Compensation

Construction Accidents

Dog Bites

Maritime/Seaman’s Claims

Medical Malpractice

Motorcycle & Bicycle Accidents

Nursing Home Neglect

Premises Liability

Product Liability

Railroad Claims (FELA)

Wrongful Death

Judgments

Structured Settlement

Tractor Trailer Accident

Slip & Fall

Settled Cases

Sulzer Hip

Jones Act

Discrimination Cases

Baycol

Toxic Mold

Wrongful Termination

Commercial Cases

Probate Cases

Select Divorce Cases

Select Canadian Cases

For more information log on to the company’s website at [http://1stchoicefunding.com/professionalindex.html] or request an application by email: [email protected] and leverage the power of pending earnings today!

Accounting for Law Firms – Get Your Trust Funds in Order!

One of the most difficult bookkeeping tasks for law firms is the correct processing of client trust accounts. The client trust account is a bank account where law firms hold money for a client to cover the cost of expenses. The trust account, also known as an IOLTA account (Interest on Lawyers Trust Account), must be separate from the law firms operating account and the funds must be clearly identified. Each state has guidelines governing the handling and reporting of attorney trust funds. Attorneys can neither borrow from or utilize trust funds to operate their business.

One of the easiest ways to properly account for and reconcile the trust funds account is by purchasing proper accounting software, although there are several on the market, I prefer utilizing QuickBooks software. The software is reasonably inexpensive and will provide attorneys with the tools they need to not only properly manage their trust account, but also to run the daily operations of their business, including billing. Please note that some larger firms will have different requirements and may utilize a QuickBooks add-on for their billing purposes.

Within QuickBooks, the user will set up a bank account named “Client Trust Account.” If more then one trust account is required, the user can set up subaccounts, one for each client. The subaccount is part of the main account, but all of its transactions will be kept separate.

The next step would require the user to set up a Trust Liability account, which represents the money owed to the client. subaccounts should be assigned for each client as noted above for the Client Trust bank account.

By utilizing the subaccounts all activity of each client will be easy to reconcile, and the user will be able to access reports for each trust fund under their control making compliance a snap. A feature in QuickBooks will enable the user to generate a custom report, a “Trust Liability Proof” to illustrate that the trust fund accounts are in balance.

The above represent a simplistic scenario. There are other issues and work arounds that can be incorporated depending on the complexity of the situation. Examples of this are whether setting up a separate Trust Accounts Payable account is necessary or if the user will use a firm credit card to pay for client costs (some states may prohibit this practice), or whether expenses are paid for by the firm and then reimbursed from the trust fund etc., or there can be several matters the firm is working on for the client and the funds for these other matters must be segregated, or lastly, if the volume of trust fund activity is large, I would recommend maintaining a separate company file in the software.

Setting Up a Trust Fund

Trust funds are becoming more and more commonplace amongst not only the super-rich class of citizens, but in average families as well. As the property value on homes increases and people make more and more money off the stock market, people are increasingly turning to trust funds for their children (and even grandchildren) as a way to preserve their own wealth, establish some financial security for their children, and minimize death taxes.

Who Benefits from Trust Funds?

Trust funds benefit not only the beneficiaries of the trust fund (usually, the children of the trustors), but the individuals who establish the trust, as well.

When a trust fund is set up for a child, the money or property is handled by a trustee-usually, someone who has experience and is responsible with handling money. Assigning a trustee to handle and control the money in a trust fund ensures that the beneficiary cannot recklessly spend all of their property.

For the parents, grandparents, or other individuals setting up the trust fund, there are numerous income, gift tax, and estate benefits that come with establishing a trust. In the case of grandparents establishing trusts for their grandchildren, they can establish a trust fund for their grandkids while they are still living, or they can arrange to have money put into a trust after their death.

What Type of Trust Fund Should I Choose?

When deciding to set up a trust fund for your child, it is important that you choose a trust fund that will qualify your investment for the annual gift tax exclusion. Currently, there are two types of trust funds you can set up (for a minor) that qualify for the gift tax exclusion:

· Section 2503(b) trust-with this trust, money must be annually given to the beneficiary while they are a minor. If your child (or grandchild) is too young to responsibly handle the money, it can be put into a separate account for them.

· Section 2503 trust-the section 2503 trust allows for all money and property in the trust to be used for the child until their 21st birthday. Once the beneficiary turns 21, all money left in the trust is given to the child, and it is their decision to either take the money or to extend the trust.

Remember….

It is important to remember that a trust fund is significantly different than a bank account. Once you put money into a trust for your child (or grandchild), you cannot get the money back-even if you really need it! Be sure to think about this decision before allocating money for a trust fund, and be sure to consult a legal professional before making this type of investment.

If you would like more information on trusts or setting up a trust fund, contact the Austin probate lawyers at the law firm of Slater & Kennon, LLP today.

Medical Funding – A Winning Solution

Personal Injury Victims often require extensive and progressive immediate care long before their case settles. More often than not a letter of protection is not sufficient to provide an un-insured or under-insured plaintiff the top notch medical care and surgery they need and deserve. Through non-recourse pre-settlement medical funding the money is provide to complete most any injury accident related procedure. The advances are immediate and are made payable to the medical care provider, releasing the physician from any financial interest in the case.

The most beneficial aspect of this program is the plaintiff is able to receive the needed medical treatment(s) prior to settlement. The medical care provider receives immediate payment for the needed procedure(s); and therefore, can proceed rapidly with recommended treatment(s). The attorney is able to build a stronger trial testimony and address the so called paid or incurred law. Medical Funding allows for the plaintiff to feel better faster, the damage model is enhanced, and stronger medical testimony is achieved. Additionally, since this treatment is being preformed pre-settlement the plaintiff’s injury is often better validated in the eyes of the court and the typical defense arguments regarding future health care needs are often ent the client needs is preformed.

Medical Funding is a great value that has received positive feed back from Medical Care Providers, Attorneys and Clients.

The process to obtain Medical Funding is simple. The client will first need a recommendation from the Provider and a cost estimate. The Attorney will need to provide a few case details and then a check is made payable to the provider once the case has been approved through the lender. A lien will then be placed against the case. Should the case be unsuccessful for any reason no money is owed by any of the involved parties. The Medical treatment is then preformed and the Plaintiff will be feeling much better.

Woodward Financial is your one stop Legal Funding Source offering Medical Funding, Pre Settlement Plaintiff Funding, Attorney Credit Lines and Attorney Litigation Expenses. There principal partners share over twenty five years experience in the legal and banking industry. WF sets the bar thru there Core Values of Trust,Honesty Integrity and Dependability.

Funding a Living Trust

Many people fail to adequately fund their living trusts. Funding means transferring assets from your own name to the name your trust is in. You can transfer bonds, stocks, bank accounts, life insurance policies, real estate, mutual funds, certificates of deposit, vehicles and more.

If you wanted, say, to transfer your mutual fund account to your living trust, you have to ask your mutual fund company for the correct form and change the name of the account owner. For example, the account used to say “owner – Mark and Freda Jones” but now it should say something like, “owner – Jones Family Trust, Mark and Freda Jones as Trustee”.

It must be recognized, however, that funding a trust can be awkward. There are a lot of forms to fill in and sometimes you will be charged a fee for changing the title/ownership of the property. If the asset is complicated; for example a business, an attorney should draft the transfer documents and attorneys are not cheap.

It can also be more difficult to use certain assets after you have transferred them to the trust. If you are trying to sign a check at the supermarket explaining that you are paying out of your trust fund… well, that will confuse them! It would be best in this case to have a small personal checking account to take care of such matters as day to day checks, grocery shopping etc.

Also, if you want to take out a mortgage on a property that is held in trust, it can be challenging to find a bank that will work with you, but it can be done.

Some businesses which are poorly suited to be in a living trust. A real estate development company would find it difficult to deal with title companies, lenders etc if it were operating as a trust.

However, personally owned out-of-state real estate is a good candidate for a living trust because your estate can avoid out-of-state probate on the property.

You need to think about your personal circumstances before placing assets in your living trust. With real estate, if you are planning to re-mortgage or sell the property soon, it is probably not a good idea to place it in the trust but if you are planning to hang on to it for life, it might be a good idea to put it in the living trust. Your attorney can offer you the best advice about what to put in the trust now, what to put it there at a later date and what to omit altogether.

A living trust offers lots of flexibility as far as what you choose to fund it with and when. This flexibility is one of the advantages of it. If you are healthy and young, you might prefer to keep your assets in your own name. If you plan to move house in six months, there is not much point putting your house in the trust. Perhaps, when you are a bit older and more settled, you find the cost/benefit analysis has shifted in favor of putting it into the trust.

Some people get living trusts and never put anything into it. They only had the trust drafted in case they wanted to use it at some point in the future. If they experience health problems with age, they might then decide to transfer some assets across, so their family can manage those assets should they be incapable of managing them themselves. In many states, however, a living trust will not be valid unless it contains something, even if it is just $10, before the death of the creditor. Only assets transferred while the creditor was alive will escape probate.

A living trust is very flexible and offers many options. There are plenty of reasons why someone might choose not to fund a living trust at all or not to fund it immediately. However, if you plan to use a living trust to avoid probate, you need to fund it. Sadly, a lot of people assume their living trust will “work” without understanding why and how it must be funded. They either do not transfer assets properly or forget to transfer them.

This problem might not be discovered until after their death when it is too late to do anything about it, in which case the estate will have to go through probate. Depending on the contents of the will, if there is a separate will, the assets might never end up in the living trust and the distribution might not go as you had wished.

Bottom line: if you have a living trust, be sure to discuss the issue of funding the living trust with your estate planning attorney.

How to Use Medicaid Planning to Fund Long Term Care

Until fairly recently, most people in need of long term care had few alternatives to entering a nursing home and wreaking havoc on family finances. Today, long term care can be obtained in various settings and we frequently help clients preserve assets and avoid impoverishing a spouse who remains at home. Yet, most people who need long term care eventually must turn to Medicaid for funding.

When first enacted with Medicare in 1965, Medicaid extended basic health care to poor people, especially children. Over the years, Congress has greatly expanded Medicaid, and it now also funds long term care in nursing homes, assisted living facilities, private homes, and other settings. While all Medicaid applicants must satisfy very restrictive financial criteria, not every Medicaid recipient will qualify for all benefits because each Medicaid program has its own eligibility criteria.

As Medicaid eligibility rules are byzantine and complex, it’s nearly impossible to do effective Medicaid planning without expert guidance. Thus, the uninitiated often spend everything on nursing home care, even though elder law attorneys can help most individuals protect part of their hard earned savings and still qualify for Medicaid to fund long term care.

Although federal rules set basic standards, states have substantial leeway to fine tune available Medicaid benefits and qualification requirements. Since Medicaid programs vary by state, Medicaid planning should be based on the law of the state in which an individual will receive long term care, and Medicaid recipients who change states must qualify anew. Therefore, as with wills and powers of attorney, Medicaid planning may require significant change when seniors move from Florida or other states to be closer to their children.

Depending on the kind and extent of impairments, individuals can receive long term care in many different environments. Still, most people either enter a nursing home or assisted living facility or receive care at home. Fortunately, Medicaid can fund each of these arrangements.

Care Options and Medicaid Coverage

Nursing homes have a poor popular image, probably due to their decidedly institutional look and feel. Unfortunately, however, they usually are the only option for people who need substantial assistance with many activities of daily living. Assisted living facilities are an intermediate step more akin to a senior citizen apartment building with dining, activities, and staff on site. Without question, assisted living facilities offer nicer amenities than nursing homes, but because only limited care is available, they usually won’t accept people who need substantial aid. As professional round the clock care is extremely expensive but Medicaid coverage is modest, home care usually works only when provided primarily by family with paid home health aides as supplements.

New Jersey Medicaid pays for long term care in nursing homes, assisted living facilities, and private homes, but not all states cover costs in each of these venues. Medicaid is divided into two broad categories: long term care and other care. Other care includes the usual diagnostics, preventive medicine, surgeries, and treatments that we all need from time to time. Long term care Medicaid covers nearly all nursing home costs, most assisted living facility charges, and some home health aide and other expenditures to help an individual remain in a private home. All Medicaid applicants must satisfy financial eligibility criteria, but persons who seek long term care Medicaid benefits also must demonstrate that they can’t live independently.

Medicaid Eligibility Requirements

To receive Medicaid, an individual who demonstrates a medical need for long term care must satisfy financial requirements. Medicaid may fund nursing home, assisted living, or at-home care when an applicant’s countable resources and income do not exceed modest resource and income limits. Countable income and resources are cash and other assets that are available to pay for food and shelter. Resources are amounts owned at the outset of a month while income is received during the month. Because Medicaid has few exemptions, receipts that wouldn’t be taxable income (e.g. gifts, Social Security, and tax exempt interest), security deposits, and jointly owned property generally are countable.

An unmarried person can qualify for Medicaid funded long term care by reducing countable resources to the applicable resource cap of up to a few thousand dollars. However, Medicaid planning is more complicated for married people because their combined countable resources are taken into account. When only one spouse needs care, an allowance of half combined countable resources up to a cap is allowed to the spouse in the community. This community spouse resource allowance (“CSRA”) is intended to protect the spouse at home from being impoverished, but in high cost states like New Jersey, Medicaid planning to protect savings is essential to afford a community spouse a reasonable standard of living. While the CSRA cap is adjusted for inflation, it is $109,560 as of Spring 2011.

Because couples typically must dissipate nearly all countable resources beyond the CSRA before Medicaid will pay nursing home charges, many people mistakenly believe that they must lose everything else when a loved one needs long term care. However, this merely illustrates the risks in acting on limited knowledge. Since excess countable resources need not be “spent down” only for long term care, we have many tools to help families preserve assets.

Medicaid Planning to Protect Savings

Despite popular misconceptions, Medicaid planning does not involve hiding assets, particularly since making a false Medicaid application is a serious crime. Rather, we help clients preserve savings by maximizing CSRA and spousal income allowances, converting excess countable resources into exempt items, spending down fruitfully, and minimizing penalties when making gifts.

Couples sometimes can increase a CSRA by borrowing (commercially or from loved ones) but the loan must be carefully timed and designed to be effective. Married Medicaid applicants also can preserve other resources as non-countable expenditures that benefit the community spouse. For instance, it can be beneficial to improve or buy a residence or vehicle for the community spouse.

Gifts often are a key element in Medicaid planning. While more can be saved by gifting early, Medicaid gift planning can prove useful even after entering a nursing home despite the sixty month gift look back period. However, the Deficit Reduction Act of 2005 substantially changed the Medicaid planning landscape to impose stiff penalties when gifts aren’t properly timed. Giving too much or applying for Medicaid too soon after gifting can needlessly trigger years of Medicaid disqualification. By the same token unduly small gifts may unnecessarily limit savings. No penalty results from qualifying gift to a disabled person or qualifying gift of a home to a caregiver child, but as with so many aspects of Medicaid planning expert advice is essential because technicalities abound.

To facilitate gift planning, a power of attorney that explicitly authorizes Medicaid gifts must be in place before a donor becomes mentally incapacitated. Otherwise a family will have to convince a guardianship court to authorize Medicaid gifts, which may prove difficult. Although a well designed Medicaid plan can preserve considerable amounts, everything can unravel if assets aren’t titled properly. Thus, it is crucial to ensure that wills, trusts, and beneficiary designations and default rules don’t cause distributions to a Medicaid beneficiary on death of a community spouse or other loved one. Similarly, addressing Medicaid estate recovery early can prevent substantial liens when a Medicaid recipient dies. Avoiding these traps for the unwary may require new deeds, account registrations, beneficiary designations, wills, and trusts.

Conclusion

No longer synonymous with nursing home entry, long term care can now be delivered in several other less institutional settings. Despite sky rocketing health care costs, elder law attorneys can help families obtain Medicaid to avoid financial ruin when a loved one needs long term care. However, because eligibility rules are complex and arcane with many traps for the unwary, effective Medicaid planning nearly always requires professional guidance.

Lawsuit Funding – Why Should Your Attorney Recommend This Form of Financing?

With each passing day, lawsuit funding is becoming more and more popular in the United States. In fact, leaders in the industry reported that in excess of 25,000 requests for settlement loans reach their desk every month. This increased demand has resulted in a significant number of attorneys now recommending this form of financing to their clients.

The growth in this industry has been nothing short of phenomenal! A decade ago, this instrument was something about which most attorneys knew absolutely nothing. However, this form of financial assistance is extremely popular, and attorneys are realizing the need for this assistance on an increasing basis. Significantly, many of these attorneys are realizing that, without lawsuit funding, clients would be unable to continue the litigation.

There are still many attorneys who are reluctant to make such recommendations to their clients. Fortunately, that number is decreasing on an almost daily-basis. The reason this is occurring is because more and more clients are finding the financial-strain of litigation to be more than they can bear. Furthermore, attorneys are seeing many of their clients having to forgo prosecuting a claim due to the lack of financial resources. It is axiomatic that the attorneys are not going to work for free, at least voluntarily.

It is easy to state that obtaining lawsuit funding is unnecessary. However, if you’re the individual who is about to lose his/her home, car, family, etc. you may find that you have no choice but to seek financial assistance in your particular circumstance. In many cases, pursuing litigation is not an option. Individuals are often severely injured, resulting in an ability to work, provide for their families, and pay bills that continue to mount. In other instances, the injured party may have lost the only automobile their family owns and is now unable to travel to and from work.

It is encouraging to note that the number of attorneys who express reservations regarding the use of lawsuit funding is decreasing. It is also encouraging to note that the number of attorneys who are reluctant to recommend to their clients that they obtain a settlement loan due to their fear of losing a percentage of the amount that they will be awarded as attorneys, is small. The vast majority of attorneys genuinely want to assist their clients in obtaining the justice they seek.

In many instances, lawsuit funding is viewed as a lifeline to clients! Individuals who obtain such funding are extremely diverse. Many of these individuals are single-the parents, individuals who lack sufficient financial resources to continue to pay mounting expenses, individuals who, as result of the loss of a paycheck, may be subject to eviction from their homes, loss of their automobile, etc. To these individuals, lawsuit funding may be a last resort.

The fact that Personal Injury attorneys are able to represent clients on a contingency-basis is a godsend to many of these clients. If these individuals were required to pay their attorneys on an hourly-basis, there would be no way for them to pursue the individuals who turned their lives upside down. Furthermore, it is extremely fortunate for these individuals that lawsuit funding does exist, enabling plaintiffs, in many cases, to pay their bills and meet ongoing expenses.

Lawsuit funding often permits plaintiffs to continue to pay bills, remain in their homes, afford to drive their automobiles, etc. It may be time for your attorney to learn about the benefits of obtaining this form of financial-assistance.

If You Are in Need of Legal Funding, How Do You Know Which Offer to Accept?

Have someone else’s actions created injury sufficient for you to have to pursue justice through the legal system? As a result of injuries sustained as a result of another’s negligence, are your financial-resources quickly dwindling? This is a scene played out over and over again each day throughout the United States. If you’re an individual who has sustained injuries as a result of a car accident, work-related incident, breach of contract, etc., you may well find yourself in this predicament. These are just a few of the reasons that individuals go in search of legal funding.

In this article, we’ll attempt to assist those individuals who find themselves in such circumstances know whether legal funding would be appropriate and, if so, which offer to accept. Many of the individuals providing legal funding will either approve or deny the application submitted within 24-72 hours. (Of course, this presupposes that the applicant’s attorney has been cooperative in providing the requested documentation.)

If you would like to pursue legal funding, you’re encouraged to notify your attorney as quickly as possible. If your attorney is unaware of the fact that you either need a lawsuit loan or have requested the litigation funding, it is unlikely that the attorney is going to be cooperative in providing the necessary documentation for you to receive the funding you desire.

Reputable litigation funding experts will contact your attorney to discuss the matter thoroughly prior to giving serious consideration to your application. If you are pro-active in notifying your attorney of your desire to obtain legal funding and the need to obtain that funding as quickly as possible, this is very likely to accelerate the process of being able to obtain the documentation required and the assistance you seek. This will also give you an opportunity to discuss your circumstances with the attorney and to impress upon the attorney the importance of obtaining a settlement loan.

When pursuing settlement loans, it is very important to search for a competent litigation funding expert. Fortunately, search engines are extremely helpful to individuals seeking such information.

Indisputably, Google is the largest and most-respected of the search engines. Therefore, it is wise to begin your search utilizing Google. To begin your search, simply enter relevant terms such as “settlement loan,” “settlement loans,” “lawsuit loans,” “pre-settlement loans,” “litigation funding,” “legal funding,” etc.

It is important for you to identify one or more websites with which you feel comfortable and spend a little bit of time navigating those sites to ensure that they offer the services you seek.

Applicants should be aware of the fact that submitting multiple-applications is typically not a good idea. Although it may seem to be a good idea at the time, it is important to realize that most funding-entities take a dim-view of spending a great deal of time reviewing an application for potential funding when they realize that that the application has been submitted to multiple funding-entities. Although there are many reasons for this, the most significant is the fact that there are many individuals/entities to which applications may be submitted, but there are a limited number of funding entities to which these applications will be submitted. Therefore, it is quite possible that when submitting multiple-applications, the same funding-entity will have reviewed your application from multiple lawsuit loan experts.

Investigation of the funding expert’s reputation is another area the applicant should pursue prior to completing any transaction for legal funding. A great deal of knowledge will be gained almost immediately following submission of the application. For example, the speed at which the applicant receives a response from the funding expert, identifying specifically any additional information that may be required, will be very telling. The more rapid the response, the greater the likelihood will be that the applicant is dealing with an entity knowledgeable in settlement loans.

If you’re considering submitting an application for legal funding, it is likely that you’re going to want to speak to someone directly. It is amazing how difficult it is often times to find any contact information on these sites, other than where you can submit the application. Many of these sites have no telephone number, no fax number, and have website information that is intentionally obscured to preclude having individuals identify to whom issues may be raised. It may be assumed that if it is difficult to find someone to contact prior to submitting your application, it will be very difficult, if not impossible, to contact someone if problems arise.

You’re encouraged to consider working only with those individuals who are willing to provide staff committed to assist you with your legal funding needs. Competent lawsuit loan specialists realize that this is a very trying time for you and this is a very important decision. They also realize that it is really important to you that you be able to contact someone if you have questions/concerns.

It will be very important for you to also discuss the inherent-risks of your case with both your attorney and the legal funding expert. Many applicants are curious to know what the interest fees are, not realizing that there are no interest fees associated with settlement loans. The fees associated with lawsuit loans are really “risk-fees.” These charges will be determined by the amount of risk involved with that particular lawsuit. It is very likely that if the case is risky and legal funding is available, fees associated with obtaining that funding will be higher than for those cases in which the risks are low.