Getting Pressured to Settle for Less?

Hang in For All You Deserve

Don't let your attorney pressure you to settle your lawsuit (or your insurance payment) for less than what you are entitled to. The attorney on the other side would like to settle your case for a lesser amount, so his client can get off for less. You should stand strong and take the time to fight for your entitled amount. If your financial situation is tight, you might feel pressured to settle just to get enough money to get by. There may be another choice for you, however. 

You can stand strong against the party you are fighting against, and not let them know you are getting worried about finances. You can get an advance on your case in order to get the financial pressure off of you. You can then take the time to properly fight your case and not let the other side get the feeling you are sweating it out. If you do get an advance, take out what you realistically need and not just some inflated amount for what you want. It can seem expensive, so take time with your attorney to decide realistically when your case should settle, and for how long you need advance money to get your bills paid. If the amount of the advance can pay your bills and allow you to wait out for the settlement, it might be worthwhile. 

Advances against your lawsuit (settled or pending) or insurance payment do not require fees up front - these are factored into the amount of the advance, so you need pay nothing up front. The pay-back comes directly out of the settlement, so you need not make monthly payments.

Don't try to get an advance if your settlement isn't large, and not if your case settles far into the future - don't let the fees accrue for a year or more, unless your case worth is quite high. 

If your case isn't very strong, you likely won't be able to get an advance (though some companies will let you take an advance on a risky case if you pay a high interest rate - this isn't worth it). 

The advance should be non-recourse. This means your advance does not even have to be paid back if your case doesn't settle. This is why the rates may seem expensive - but as a last resort, advance funding can be a very good option. 

Make sure you find out all the details of an advance prior to taking one - it might not be your best option, after all. Perhaps you can get a loan from a relative or get a refinance on your home. An advance is quite fast, however, and doesn't require a lot of red tape - the process is generally easy. You might consider a short-term advance while waiting for a refinance loan to come through - check out all your options and talk to your funding agent about ways to make an advance work for you, if it can at all. Don't rush into it without looking at all options.

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Attorneys and opposing entities tend to want to settle fast, which likely means you will get a smaller settlement. 

Take time to fight for your case and get the amount of a settlement your are entitled to. An advance can buy you time to build a better case.