Guide

Using Pre-Settlement Funding to Strengthen Your Negotiating Position

Using Pre-Settlement Funding to Strengthen Your Negotiating Position

May 26, 2025

May 26, 2025

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In personal injury lawsuits, financial stability can greatly influence the outcome of settlement negotiations. Insurance companies and defendants often have deep pockets and plenty of time, while injured plaintiffs may feel pressure to settle quickly if bills are piling up. This imbalance can lead victims to accept low settlement offers, not because their case is weak, but because they desperately need cash now.

Pre-settlement funding can level the playing field. It provides an advance on your future settlement, giving you the breathing room to say “no” to unfair offers and wait for a better deal.

The Pressure to Settle Early

After an accident or injury, many plaintiffs face serious financial strain. You might be out of work due to your injuries, dealing with medical expenses, and struggling to pay everyday bills. Meanwhile, the legal process can be painfully slow – it may take months or even years to reach a settlement or verdict. Defendants (especially insurance companies) are well aware of this dynamic. In fact, it’s common for insurance adjusters to delay and drag out negotiations, expecting that a cash-strapped plaintiff will become impatient or desperate enough to settle for lessinstabridgefunding.com.

If you’re unable to pay rent or keep up with bills, even a lowball settlement offer can seem tempting simply because it provides immediate cash. Defense lawyers might make a take-it-or-leave-it offer early on, hoping you’ll bite because you need money right away. This is a deliberate strategy to capitalize on your financial vulnerability.

The result is that many plaintiffs end up settling their cases for a fraction of what they’re actually worth. They accept, say, $20,000 today instead of pushing for the $50,000 or $60,000 they could likely get later, all because of urgent financial needs.

How Financial Stability Improves Your Leverage

Money worries shouldn’t dictate your legal decisions, and that’s where pre-settlement funding comes in. If you secure funding to cover your immediate expenses, you remove the biggest leverage the defense has over you – the threat of “running out of money.” Here’s how this added financial stability translates into a stronger negotiating position:

  • You can afford to wait for a fair offer: With cash on hand to pay your living expenses, medical bills, or other urgent needs, you won’t feel a ticking clock forcing you into a quick settlement. You and your attorney gain the luxury of time. This often compels the other side to eventually offer more, because their usual tactic of waiting you out is no longer effective.

  • Reduced stress improves decision-making: Negotiating a legal claim is stressful enough without creditors calling or eviction looming. By easing your financial stress, funding helps you stay clear-headed. You can make decisions based on facts and fairness, not panic. A calm plaintiff, guided by a good lawyer, is far less likely to cave in to lowball offers.

  • Stronger bargaining chip: When the defense senses that you are financially stable and willing to go the distance, they’re more likely to negotiate in good faith. You’re not going to accept pennies on the dollar, so they know they must put a reasonable number on the table or risk going to trial. Essentially, you’ve flipped the script – now they have incentive to avoid a prolonged fight, because you’ve shown you can handle it.

  • Ability to pursue a trial if necessary: Settlement negotiations often intensify as a trial date approaches. If you can financially hold out until trial, it puts pressure on the defense to up their offer. Pre-settlement funding can give you the means to get that far. Knowing that you have the option to take the case all the way to a jury (because you’re not financially forced to settle early) is a powerful negotiating advantage.

It’s important to note that pre-settlement funding isn’t about being greedy or trying to “hold out” for an unreasonable sum – it’s about empowering you to obtain the full and fair value of your claim. You still have to consider any settlement offers carefully with your attorney and decide what is fair. Funding simply removes the undue influence of financial desperation from that equation.

Working with Your Attorney

If you do obtain pre-settlement funding, make sure to coordinate closely with your attorney on your negotiation strategy. Good communication ensures that the funding truly does strengthen your position:

  • Inform your attorney: Your lawyer should know that you’ve secured funding (in fact, they will likely be involved in the process, as funding companies require attorney cooperation). This knowledge tells your attorney that you are financially equipped to be patient, which can influence how they approach negotiations.

  • Use funds for necessities: To maximize the benefit, use your funding for essentials like medical bills, rehab, rent, and groceries. If you squander it on non-essentials, you could find yourself under financial pressure again, losing the advantage it provided.

  • Be mindful of interest: Remember that the money you receive will need to be paid back (usually from the settlement). Dragging out a case unnecessarily could increase the interest that accrues on your advance. Your goal is still to reach a fair settlement in a timely manner – you’re just avoiding premature settlement at a low amount.

A supportive attorney-client team, bolstered by financial breathing room, can present a united front in negotiations. Your lawyer can confidently push for the higher end of a reasonable range, knowing you’re not compelled to take the first low offer out of urgency.

Conclusion

Negotiating a legal claim often comes down to patience. Pre-settlement funding gives you the financial endurance to hold out for a fair deal, instead of settling early out of need. By relieving immediate money pressures, it lets you focus on the true value of your case. In many instances, that can lead to a settlement that fully reflects your damages – potentially tens of thousands of dollars more than you might have accepted under financial duress.

If you’re considering pre-settlement funding, remember that it’s not just about getting money now – it’s a strategic tool to help secure a better outcome later. Instabridge has helped many plaintiffs bridge the financial gap during litigation so they don’t have to settle for less. Our team works quickly and transparently to provide the support you need, when you need it.

Interested in learning more? Contact Instabridge today for a consultation about how legal funding could assist you. We’ll answer your questions and help determine if this option can strengthen your ability to pursue justice. Don’t let the insurance company hold all the cards – with a bit of financial help, you can stay in the fight until a fair settlement is within reach.

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