If you were seriously injured due to another party’s negligence, you may have filed a personal injury lawsuit. Adding insult to your personal injury, you are now discovering that even though you have a good claim, it can take months to receive a settlement. Meanwhile, you are struggling to pay your bills as you recuperate. Montana pre-settlement funding can help until your claim is settled.
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 Montana Works
Only those aged 18 and up who are the plaintiff in a pending personal injury claim or lawsuit and have an attorney representing them qualify for pre-settlement funding in Montana.
Your attorney must agree to work with the lender and provide information about the strength of your case. Whether your application for pre-settlement is approved depends on the merits of your case and our risk assessment.
If your application is approved after review, you should usually receive the money within 24 hours. While many clients use their pre-settlement funding to pay for medical or basic living expenses, there are no limitations on how you spend these funds.
Are There Regulations for Pre-Settlement Funding in Montana?
Montana pre-settlement funding is non-recourse. That means the risk is all on the lender. If, for some reason, you do not receive a settlement or the trial verdict does not go your way, you do not have to repay the money.
In May 2023, SB 269, the “Litigation Financing Transparency and Consumer Protection Act” was signed into law by Governor Greg Gianforte. This law requires disclosing any third-party litigation funding, such as pre-settlement funding, in all civil cases before the Montana courts.
The law limits interest rates and places a 25 percent cap on the amount a funder may receive on any settlement, verdict, or award obtained from the lawsuit.
Personal Injury and Other Pre-Settlement Funding in Montana
In Montana, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. An injured person must file their lawsuit within this timeframe, or the court is unlikely to consider the case.
Montana follows a modified comparative negligence standard in terms of liability. A person who is 51 percent or more responsible for the accident causing their injury cannot receive compensation. However, even if partly at fault, the injured person may still receive compensation, but the amount is reduced by their percentage of fault.
For example, if a judge or jury determined you are 20 percent at fault for the accident and the award is $100,000, you would receive $80,000.
Contact Us
If you would like to learn more about pre-settlement funding for legal cases in Montana and whether you are eligible, contact Mustang Funding today. We serve Billings, Bozeman, Butte, Great Falls, Missoula, and other areas of the state.
