Trauma Cash

Can My Lawyer Prevent Me from Getting Pre-Settlement Funding?

Can My Lawyer Prevent Me from Getting Pre-Settlement Funding?

by Toni Hipolito

If you’re waiting on a personal injury settlement and struggling with expenses, pre-settlement funding can be a lifeline—offering cash upfront while your case is still ongoing. But what if your lawyer doesn’t want you to get it? Can they actually stop you from accessing this financial support?

At Trauma Cash, we’re here to clear up the confusion and help you understand how pre-settlement funding works, and what role your attorney plays in the process.

What Is Pre-Settlement Funding?

Pre-settlement funding is money you receive before your case settles, provided by a company in exchange for a portion of your future settlement. Think of it as a way to get some of your expected payout early, without having to wait months or even years.

Unlike a traditional loan, pre-settlement funding is non-recourse—meaning you only repay if your case wins or settles. If your case is unsuccessful, you owe nothing. This makes it a low-risk option for many injury victims.

Most companies offer around 15-20% of your estimated settlement amount upfront. Some charge interest on this amount, while others, like Capital Now Funding, operate on a fixed-fee basis. This fixed fee stays the same no matter how long your case takes, so you won’t get hit with rising costs over time.

Do You Need a Lawyer to Get Pre-Settlement Funding?

Yes. One of the fundamental requirements for legal funding companies is that you must have an attorney handling your case. Why? Because having professional legal representation improves the chances of a successful settlement, which reduces risk for the funding company.

Self-represented claimants are seen as higher risk, since cases without lawyers tend to settle for less or take longer. So, to protect their investment, funding companies require an attorney’s involvement.

Can Your Lawyer Stop You from Getting Pre-Settlement Funding?

The short answer: No, your lawyer cannot prevent you from getting pre-settlement funding.

In fact, your attorney’s cooperation is essential for the funding process to work smoothly. Here’s how your lawyer typically supports legal funding:

Your attorney’s ethical duty is to protect your best interests. They may advise you on whether legal funding is a smart choice for your particular situation, explaining potential benefits and downsides. But they cannot withhold cooperation or block you from applying for funding.

If your lawyer refuses to assist or outright opposes funding without a good reason, you might want to consider finding new representation who respects your right to choose.

What If My Funding Application Is Denied?

Remember, it’s the funding company and their underwriters who decide whether to approve your application—not your lawyer. A denial doesn’t mean your attorney is uncooperative or your case is weak. Sometimes, a case just needs more time to develop before funders feel confident enough to invest.

Working With Your Lawyer to Get the Best Funding

A knowledgeable attorney can actually be your greatest ally when it comes to legal funding. They can help you:

So don’t hesitate to ask your lawyer questions or request their advice—they want what’s best for you.

Final Thoughts

Your lawyer plays an important role in your case—and in helping you get pre-settlement funding. But they can’t stop you from accessing funds if you choose to apply. Keep the lines of communication open, listen to their advice, and make the decision that works best for your financial and legal situation.

Need help navigating pre-settlement funding? Contact Trauma Cash today — we’re here to support you every step of the way!