If you have a pending personal injury case, you may be struggling with finances as medical bills, mortgage payments, and credit cards go unpaid. Your attorney assures you that your case is strong. However, receiving a settlement or jury award can take months or even years. This is where pre-settlement funding in New Mexico 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 Pre-Settlement Funding in New Mexico Works
To qualify for a lawsuit funding in New Mexico, a plaintiff must have a current personal injury lawsuit pending with an attorney representing them. The lawyer must agree to provide us with information regarding the strength of your case and the estimated settlement value. We evaluate the case and make a decision. If approved, you typically receive the funds within 24 hours.
You may have been considering accepting a lower offer from the insurance company because you need the money now. Delay is a common tactic among insurance carriers. Once you receive pre-settlement funding, you and your attorney have the breathing room necessary to pursue your case and recover fair and reasonable compensation for your losses.
What Types of Cases in New Mexico May Qualify for Pre-Settlement Funding?
While every claim is unique, certain types of lawsuits are prevalent in the state and may be eligible for pre-settlement funding, including but not limited to:
- Car accidents near Albuquerque, Santa Fe, or along I-25 and I-40 – including collisions with commercial trucks on New Mexico’s busy freight corridors.
- Premises liability claims in tourist destinations – such as hotels, ski resorts, or cultural attractions in Santa Fe, Taos, and Carlsbad Caverns.
- Wrongful death lawsuits involving third-party liability in New Mexico’s key industries – families may bring claims when a fatal accident in the oilfields, mining operations, or manufacturing plants is caused by a negligent subcontractor, equipment manufacturer, or other third party outside the employer. These complex and lengthy cases make them strong candidates for pre-settlement funding..
- Medical malpractice claims – involving serious errors at regional hospitals such as UNM Hospital in Albuquerque or other major health systems serving rural and tribal communities.
- Railroad worker injury claims under FELA – Unlike most New Mexico employees who must rely on workers’ compensation, railroad workers are covered by the Federal Employers’ Liability Act (FELA). This law lets them file negligence lawsuits directly against their railroad employer (such as BNSF or Union Pacific) for unsafe working conditions, which makes these claims eligible for pre-settlement funding.
- Jones Act claims for New Mexico residents – Like railroad workers under FELA, seamen and maritime employees are excluded from traditional workers’ compensation. Instead, the Jones Act gives them the right to sue their employer directly for negligence. While New Mexico is landlocked, residents who work offshore in the Gulf or on maritime vessels can still bring Jones Act claims, which could qualify for pre-settlement funding.
In New Mexico, many serious cases arise on tribal lands, such as the Navajo Nation or Pueblo territories. While sovereign immunity may limit lawsuits directly against tribes, families may still pursue claims against non-tribal third parties (like contractors, manufacturers, or outside drivers), or bring malpractice actions under the Federal Tort Claims Act when Indian Health Service facilities are involved.
Typical Uses of Funding in New Mexico
When an accident case drags on in the courts, many families face immediate financial strain. Plaintiffs can use pre-settlement funding in practical ways:
- Medical bills after car accidents – covering emergency treatment and follow-up care at facilities like UNM Hospital in Albuquerque, Memorial Medical Center in Las Cruces, or Christus St. Vincent in Santa Fe.
- Mortgage and utility support in Albuquerque, Las Cruces, and Santa Fe – helping families keep up with housing and essential bills in New Mexico’s largest metro areas.
- Travel expenses for rural plaintiffs visiting attorneys or courts – common for residents of the Four Corners, the Navajo Nation, or southeastern oilfield towns who may need to drive hours to reach legal counsel or hearings in Albuquerque or Santa Fe.
- Transportation and lodging costs – for plaintiffs from remote mountain towns in the Sangre de Cristo or Gila ranges who must travel for medical appointments or depositions.
- Groceries and everyday living expenses – supporting households statewide, especially in smaller towns like Gallup and Deming, where job loss from injury can immediately strain budgets.
- Prescription drugs and ongoing care – covering out-of-pocket costs for rehabilitation, pain management, or long-term treatment in both urban hospitals and rural clinics.
By covering everyday expenses like housing, medical care, and transportation, pre-settlement funding gives New Mexico plaintiffs the breathing room they need while awaiting a resolution to their case.
Cities We Serve in New Mexico
Mustang Funding offers pre-settlement funding to plaintiffs across the state of New Mexico. Whether you live in a larger city, a small town, or a rural community, we’re here to provide quick, non-recourse legal funding while your personal injury case is pending. We serve clients in:
- Albuquerque
- Las Cruces
- Rio Rancho
- Santa Fe
- Roswell
- Farmington
- Clovis
- Hobbs
- Alamogordo
- Carlsbad
- Gallup
- Deming
- Los Lunas
- Chaparral
- Sunland Park
If your city isn’t listed, don’t worry, we provide pre-settlement funding statewide in New Mexico. No matter where you are, our team will work directly with your attorney to review your case and help you get the financial support you need, often within 24 to 48 hours of approval.
New Mexico Pre-Settlement Funding Laws
Pre-settlement funding in New Mexico is a non-recourse loan. You do not have to repay the funds if the case is unsuccessful or the civil trial verdict is not in your favor. There are no restrictions on how you can use the funds. While most people use the money to pay medical bills and other expenses, you can spend it on anything you want. In addition, workers’ compensation claims are eligible for pre-settlement funding in New Mexico.
Personal Injury Law in New Mexico
In New Mexico, the statute of limitations for filing a personal injury lawsuit is three years from the accident date. Failing to file a lawsuit within this timeframe means your case cannot proceed.
New Mexico is a pure comparative negligence jurisdiction. Under this standard, the amount you would be entitled to in a personal injury claim is reduced by the percentage of your fault in causing the accident. For example, if you are found 20 percent at fault for the accident, a $100,000 award is reduced to $80,000. However, you may still be eligible for compensation if you’re found more at fault than the negligent party–even if it’s 80 percent.
Contact Mustang Funding for More Information
Plaintiffs who are desperate for financial stability give their opponents an unfair advantage at the negotiating table. Pre-settlement funding provides a solution to this common problem by offering upfront cash to litigants waiting to resolve their cases.
To learn more about pre-settlement funding and whether your case qualifies, please contact us today. We serve Albuquerque, Las Cruces, Rio Rancho, Roswell, Santa Fe, and other areas of the state. Since 2018, we have provided more than $150 million in funds to plaintiffs and attorneys.
