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Pre-settlement funding has no credit score, no income requirement, and no co-signer. But that does not mean every applicant qualifies. Underwriting focuses entirely on the case itself: how strong is the liability story, how recoverable are the damages, and how solvent is the defendant.
This guide walks through the twelve specific factors funders evaluate, in roughly the order they evaluate them. If your case has all twelve, approval is nearly automatic. If it's missing a few, this guide will tell you which ones you can fix and which ones you can't.
The Plaintiff Requirements (3 boxes to check)
1. You are 18 or older and a U.S. citizen or lawful permanent resident
This is statutory. Minors with personal injury cases can still be funded — but the funding agreement is signed by a court-appointed guardian or conservator, not by the minor.
2. You are represented by an attorney on contingency
This is the single most common dealbreaker. Funders will not fund a pro se plaintiff or a case where the attorney is on an hourly fee. The contingency-fee structure aligns the attorney's incentives with the funder's — both get paid only if the case wins.
3. You have not previously discharged a similar advance in bankruptcy
Most funders will work with plaintiffs who have personal bankruptcy history, but a history of specifically discharging prior funding advances is a hard decline.
The Case Requirements (6 boxes to check)
4. The case type is one funders cover
Standard fundable case types: motor vehicle accidents, premises liability, slip-and-fall, dog bites, product liability, medical malpractice, workplace injuries (third-party), wrongful death, sexual assault claims, civil rights violations, and most large employment claims. Not typically fundable: family law, criminal defense (where the plaintiff is the defendant), divorce-related claims, business commercial disputes, and most landlord-tenant matters.
5. Liability is reasonably clear
The funder needs to believe the plaintiff has at least a 70% probability of recovery. Strong liability factors include: clean police report, defendant ticket/citation, video evidence, defendant admission, multiple corroborating witnesses, OSHA citation (for workplace cases), recall notice (for product cases). For more on funding when liability is contested, see our piece on funding when liability is clear but damages are disputed.
6. Damages are documented and substantial
Most funders require at least $20,000 of projected case value and prefer $50,000+. Documentation includes treating physician records, billing records, lost wage statements, future medical projections, and (for catastrophic cases) life-care plans.
7. A defendant exists who can pay
The defendant must have insurance coverage adequate for the case, recoverable personal assets, or both. Common funders prefer policy limits of at least $100,000 on motor vehicle cases. Catastrophic cases with $25,000/$50,000 minimum policies are often declined unless there are multiple defendants or umbrella coverage.
8. The case is filed, or filing is imminent
Funders prefer cases where a lawsuit has been filed or a demand has been sent. Cases that have been pre-suit for more than 6 months without progress are scrutinized harder.
9. The statute of limitations is not expired or about to expire
Funders verify that the underlying claim is still legally viable. In Ohio, that's typically two years from injury for personal injury claims.
The Documentation Requirements (3 boxes to check)
10. Your attorney will share the case file
Funders cannot underwrite without seeing the pleadings, the police report, the medical records, and the insurance correspondence. Plaintiffs cannot share these themselves — the attorney has the records and must share them. A signed authorization (included in the funding application) gives the attorney permission to do so.
11. Your attorney will sign a lien acknowledgment
The funder's payoff at settlement is secured by a lien on the settlement proceeds. The attorney signs an acknowledgment confirming the lien and agreeing to pay the funder directly out of settlement before disbursing to the plaintiff.
12. You are not double-applying with prior commitments
If you have an existing funding advance from another funder, that lien must be disclosed. Funders can layer (subordinate later advances behind earlier ones), but they require full disclosure of the existing lien.
What Funders Don't Look At
Pre-settlement funding eligibility is entirely about the case. Reputable funders specifically do not consider:
- Credit score (no credit check is performed)
- Employment status or income
- Prior bankruptcy (with one narrow exception above)
- Marital status
- Citizenship status (for permanent residents)
- Race, ethnicity, gender, age (other than the 18+ requirement)
- Disability status (irrelevant to case underwriting)
Borderline Cases: How to Strengthen Before Applying
If your case is close-to-qualifying but missing one or two factors, here's what can move the needle:
- Get more treatment. Damages grow with documented ongoing treatment. A case that's borderline at month 2 is often clearly fundable at month 4.
- Wait for the police report. If liability depends on it, file the application after it's available.
- Have your attorney send the demand. A formal demand package with calculated damages signals case readiness to underwriters.
- Identify all defendants. Premises owners, employers, vehicle owners, manufacturers — each additional defendant expands the recoverable pool.
Frequently asked questions
Most funders prefer at least $20,000 projected case value. Below that threshold, the underwriting math typically doesn't work.
No. Employment is irrelevant. The funder underwrites the case, not the plaintiff.
Yes. Credit score does not affect eligibility because no credit check is performed.
Once the case file is provided, most decisions come in 24–72 hours.
Family law, criminal defense, business commercial disputes, and pro se cases generally cannot qualify. Most other litigation types are eligible if liability and damages support funding.
Bottom line: Twelve factors, eight of which are about the case rather than you personally. Apply with Instabridge and we'll walk through every one with you — no obligation, no credit pull, no upfront cost.
