Guide

Understanding Confidentiality in Pre-Settlement Funding Agreements

Understanding Confidentiality in Pre-Settlement Funding Agreements

Feb 23, 2026

Feb 23, 2026

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Personal injury litigation often involves sensitive information. Medical records, financial documents, accident details, and legal strategy all become part of the case file. When plaintiffs consider pre-settlement funding, it is natural to ask how that information is handled and who has access to it.

Confidentiality is a fundamental component of responsible funding. Plaintiffs should understand what information is shared, how it is protected, and how attorney coordination safeguards privacy throughout the process.

Clear expectations prevent misunderstandings.

What Information Is Required for Funding Review?

Pre-settlement funding companies evaluate applications based on case strength, projected settlement value, and litigation status. To make that assessment, providers may request:

  • Basic case details

  • Attorney contact information

  • Accident reports

  • Medical records

  • Insurance coverage information

  • Estimated case value

This information is typically provided by the plaintiff’s attorney, not directly by the plaintiff alone. Attorney involvement ensures that disclosures are accurate and limited to what is necessary for evaluation.

Funding providers do not require access to unrelated personal data.

Does Funding Waive Attorney-Client Privilege?

No. Applying for pre-settlement funding does not waive attorney-client privilege.

Confidential legal strategy discussions remain protected. Funding providers do not become part of the legal team, nor do they gain authority over litigation decisions.

Information shared during review is limited to evaluating the financial risk associated with the case. Attorneys control what is disclosed and ensure privilege protections remain intact.

This structure preserves the integrity of the legal process.

How Funding Companies Protect Sensitive Information

Responsible funding providers implement security measures to protect confidential data. These typically include:

  • Secure document transmission systems

  • Encrypted data storage

  • Limited internal access controls

  • Compliance with privacy standards

  • Written confidentiality policies

Personal injury files contain medical and financial details that require careful handling. Plaintiffs should feel comfortable asking providers about their data protection practices.

Transparency in this area reflects professionalism.

Is the Defendant Notified About Funding?

In most cases, defendants are not directly notified when a plaintiff obtains pre-settlement funding. Funding agreements are typically private financial arrangements between the plaintiff, the funding provider, and the attorney.

However, in some jurisdictions, litigation funding disclosure rules may apply. Your attorney can explain whether disclosure is required in your state or under specific court rules.

Even when disclosure is mandated, it does not grant the defense access to confidential financial terms beyond what is legally required.

Attorney guidance is essential.

What About Medical Privacy?

Medical records are often central to both litigation and funding review. Funding providers only request records relevant to injury evaluation and case valuation.

Responsible providers:

  • Do not request unrelated medical history

  • Use records solely for case assessment

  • Do not share medical information externally

Attorneys typically transmit records directly to the funding company, maintaining control over documentation.

Plaintiffs should avoid sending sensitive records independently without legal coordination.

Confidentiality of Funding Terms

The financial terms of a pre-settlement funding agreement are generally confidential between the plaintiff, attorney, and funding provider.

This includes:

  • Advance amount

  • Repayment amount

  • Pricing structure

  • Contract terms

Funding providers do not report advances to credit bureaus. Because funding is non-recourse and tied to case outcome, it does not function as a traditional consumer loan.

Maintaining confidentiality of terms helps protect the plaintiff’s financial privacy.

Why Transparency Still Matters

Confidentiality does not mean lack of clarity. Plaintiffs should receive full written disclosure of:

  • Total repayment amount

  • Fee structure

  • Any administrative charges

  • Timing of repayment

  • Non-recourse terms

A reputable funding provider explains all financial terms before contracts are signed. Confidential handling of information should exist alongside transparent pricing.

Both are essential components of responsible funding.

The Role of Attorney Coordination in Privacy Protection

Attorney involvement is the strongest safeguard for confidentiality. Counsel:

  • Controls what documentation is shared

  • Reviews funding contracts before execution

  • Ensures compliance with court rules

  • Coordinates repayment at settlement

  • Protects client privilege

Funding providers communicate directly with attorneys to maintain proper boundaries.

Plaintiffs should be cautious of companies that attempt to bypass legal counsel or request extensive documentation without attorney oversight.

Non-Recourse Structure and Financial Privacy

Pre-settlement funding is non-recourse, meaning repayment only occurs if the case results in recovery. Because funding is tied solely to the legal claim:

  • Credit checks are typically unnecessary

  • Employment verification is generally not required

  • Personal financial background investigations are limited

This structure reduces the amount of private financial data needed during review.

It also distinguishes funding from traditional lending products.

Why Plaintiffs Choose Instabridge

Instabridge treats confidentiality as a core responsibility. We work directly with attorneys to evaluate cases while maintaining strict privacy standards.

We provide:

  • Secure document handling

  • Clear written payoff disclosures

  • Flat-rate pricing without compounding

  • Non-recourse funding protection

  • Transparent communication throughout the process

Our goal is to support plaintiffs financially without compromising privacy or legal strategy.

Conclusion: Privacy and Protection During Litigation

Litigation already requires plaintiffs to share sensitive personal information. Seeking pre-settlement funding should not add uncertainty about how that information is handled.

Confidentiality, attorney coordination, and transparent financial terms form the foundation of responsible funding. When these elements are in place, plaintiffs can pursue financial support with confidence.

If you are considering pre-settlement funding and have questions about privacy or confidentiality, contact Instabridge. We will explain our process clearly, coordinate directly with your attorney, and ensure your information is handled with the care it deserves.

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