A slip and fall accident can give rise to a premises liability lawsuit. It holds a property owner liable for financial damages a person may incur after getting injured on their property. However, obtaining a settlement can take months or even years. Your lawyer says the case is strong, but medical and credit card bills are piling up, while mortgage, car insurance, and tuition payments are overdue. That is when slip and fall pre-settlement funding can help.
Is Pre-Settlement Funding Considered a Loan?
No, pre-settlement funding is not a loan. While we occasionally use the term “lawsuit loan”—since it’s a common search phrase—what we offer is technically different.
Pre-settlement funding is a non-recourse cash advance provided in exchange for a portion of your potential future settlement. Unlike a traditional loan, you are not required to repay the advance if you lose your case. In essence, we assume the risk. You receive funds upfront, and if your case is successful, we collect an agreed-upon share of your settlement.
How Does Slip and Fall Pre-settlement Funding Work?
To qualify for slip and fall pre-settlement funding, you must have a pending premises liability lawsuit and representation by an attorney. Your lawyer must agree to share details about the strength of your case with us. At that point, you can fill out an online application and provide information about your case.
We review your claim thoroughly, evaluating whether a substantial settlement or jury award is likely. The defendant must hold most of the liability. In slip and fall cases, defendants often argue that the accident victim was at least partly at fault. For example, they may argue that inappropriate footwear worn by the victim contributed to the slip and fall.
What Could Affect Compensation in a Premises Liability Lawsuit?
If the accident occurred in a modified comparative negligence jurisdiction like Florida or Colorado, the plaintiff could still receive a significant settlement if they were less than 50 percent responsible. For example, if a jury determines the plaintiff was 20 percent at fault, any award is reduced by that percentage.
However, in the few states with a contributory negligence standard, such as North Carolina, the accident victim cannot recover damages if they are even one percent at fault.
When Will the Funds be Disbursed?
If we determine you are a good candidate for pre-settlement funding, you will usually receive the funds within 24 hours.
What Qualifies as Premises Liability?
Property owners and managers have a duty of care or a legal obligation to keep their premises safe. If they fail to remedy or warn about known hazardous conditions within a reasonable amount of time, and someone is seriously injured, they may face a premises liability lawsuit.
Common locations for slip and fall accidents:
- Supermarkets
- Restaurants and bars
- Parking lots
- Retail stores
- Shopping malls
- Sports or recreation venues
- Offices
- Airports
Common causes of slip and fall accidents:
- Broken or missing floor tiles
- Broken stairs or missing stair rails
- Ice and snow
- Wet floors
- Debris in walkways
- Inadequate lighting
- Torn carpeting
- Trips hazards such as electric cords and computer cables
- Poor security
With non-recourse funds, you’ll have the freedom and financial stability to level the economic playing field between you and your legal adversary, cover unforeseen expenses, and reduce settlement friction in a premises liability case.
How Long Do Slip and Fall Cases Take to Settle?
Most premises liability cases settle within 6 to 18 months, but some may take longer. Key factors that can affect case duration include the following:
- Liability Disputes: If the property owner or insurer argues that the injured person was partially at fault (a common issue in states with comparative negligence laws), the case may take longer to resolve.
- Extent of Injuries and Medical Documentation: The severity of the injuries and the need for comprehensive medical records can delay the settlement process. In serious cases involving permanent disability, insurance companies may intentionally prolong negotiations to minimize their financial exposure.
- Maximum Medical Improvement (MMI): In addition, many slip and fall cases are not settled until the plaintiff reaches MMI, the point at which their condition has stabilized, and future medical needs can be clearly assessed. This helps ensure that settlement amounts reflect the full extent of damages.
- Insurance Tactics: Some insurers delay negotiations in hopes of pushing the injured party to accept a lower settlement, especially if they believe the victim is under financial pressure.
During this time, many plaintiffs often face the dual burden of physical recovery and mounting financial strain due to an inability to work. Pre-settlement funding helps ease that financial pressure, providing support for essential living expenses.
Apply for Pre-Settlement Funding Today
The Pre-Settlement Funding Process
- Apply online or via phone. Along with details about your case, you must also provide your attorney’s contact information. Your lawyer must agree to cooperate with the funding company for your application to proceed.
- Your attorney provides case information, including the expected settlement amount based on the severity of your injury, the outcomes of similar cases, and whether the defendant holds most of the liability.
- Our internal team evaluates the strength of your claim and determines an appropriate monetary figure. After consulting with your attorney, we will base our final decision on whether we believe you will win compensation and how much you are likely to receive.
- If approved, review the details of the funding proposal with your attorney. They are intimately familiar with the details and value of your case, so they are best equipped to provide counsel as to whether you should accept the funds and how much to accept.
- Once the funding agreement is signed and returned, expect to receive your funding within 24–48 hours.
How Much Funding Can You Get for a Slip and Fall Case?
Pre-settlement funding for slip and fall claims typically ranges from $500 to $250,000, depending on the details of the case. In general, plaintiffs may be eligible to receive 10 to 20 percent of the expected settlement value, after deducting attorney fees, medical liens, and other applicable expenses.
The amount of funding you may qualify for generally depends on several key factors:
- Expected Settlement Amount: As noted, pre-settlement funding is typically calculated as a percentage of the anticipated settlement. This estimate is based on factors such as the severity of the injury and results in similar cases. The higher the expected settlement, the greater the potential funding amount.
- Strength of the Case: The amount of funding also depends on whether the defendant holds most of the liability and whether the case is supported by solid evidence and well-documented, compensable damages.
- Injury Severity: Cases involving severe or permanent injuries tend to qualify for higher settlement estimates due to long-term medical expenses, loss of income, and diminished earning capacity.
Is Your Credit Score a Factor in Pre-settlement Funding?
As noted, pre-settlement funding is not a loan. Your credit score does not typically play a role in determining whether you qualify because repayment comes out of your settlement, not your income or assets. We also do not require income or employment verification. What matters is the strength of your slip and fall claim.
Benefits of Slip and Fall Pre-settlement Funding
The biggest benefit of slip and fall pre-settlement funding is receiving the money and paying overdue bills. Even though your case is strong, insurers know that accident victims are unable to work, face financial instability, and are more likely to accept a low settlement amount. Pre-settlement funding provides you and your attorney with time so you can achieve an optimal settlement.
In addition, slip and fall pre-settlement funding is non-recourse. That means we take on all the risk. If you do not receive a settlement or a trial does not end in your favor, you do not have to pay it back. Moreover, there are no restrictions on how you can use the funds. While most people utilize it to pay bills, you can also spend it on a car, tuition, or other items. You can make the spending decisions that are best for you and your family.
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Mustang Litigation Funding provides best-in-class capital solutions for law firms, plaintiffs, litigation vendors, and other legal assets. With personnel having 100+ years of combined investment experience and 50+ years in litigation finance, we’ve empowered 5,000+ civil litigants and 800 law firms.
To learn more about personal injury pre-settlement funding in a slip and fall case, schedule a free consultation with us today. Since 2018, we have provided more than $150 million in funds to plaintiffs and attorneys.
