Pre-settlement funding: Mass Torts & Class Action

Pre-settlement funding for mass tort claims.

Multi-plaintiff litigation involving pharmaceutical injuries, defective devices, environmental contamination, and consumer products. Each plaintiff within a mass tort proceeding is reviewed individually.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Overview

How mass tort cases are reviewed

Mass tort litigation involves a large number of plaintiffs with similar claims against a common defendant — typically a pharmaceutical manufacturer, medical device company, or industrial polluter. Individual plaintiffs within a mass tort often face years of litigation, limited visibility into case timeline, and ongoing financial pressure. Pre-settlement funding for mass tort plaintiffs provides individual, non-recourse advances based on each plaintiff's specific claim, independent of the overall mass tort resolution timeline.

Pharmaceutical drug injuries: Roundup, talcum powder, NEC baby formula, CPAP devices, and others
Defective medical devices: hernia mesh, hip implants, IVC filters, and surgical staples
Environmental contamination: Camp Lejeune water, PFAS/AFFF firefighting foam, industrial sites
Consumer products and toxic exposure cases with established manufacturer liability
Qualifying criteria

What makes a qualifying case

Not every claim is a fit for funding. These are the factors our review weighs most heavily for this case type. Meeting them does not guarantee that a provider will fund.

Enrollment as an individual plaintiff in an active mass tort or MDL with established or developing general causation
Documented use of the product or exposure, and a documented injury consistent with the tort
A completed plaintiff fact sheet and the medical records supporting your individual claim
Retained counsel participating in the coordinated proceeding

Requirement 1

Active enrollment in the mass tort with retained counsel

Requirement 2

Documented product use or exposure and corresponding injury

Requirement 3

Completed plaintiff fact sheet and supporting medical records

Terms

How terms are set

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Process

How the process works for mass tort claims

  1. STEP 1
    Apply
    Apply individually. Mass tort cases are reviewed plaintiff by plaintiff, and each request is case-specific.
  2. STEP 2
    Evaluation
    Funders look at your individual injury, the status of the mass tort, and your attorney's estimate of individual recovery.
  3. STEP 3
    Provider decision
    Independent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
  4. STEP 4
    Provider agreement
    If a provider funds the case, the provider's agreement states how and when funds are paid.
How funders review it

What funders look at in a case like yours

Funders review mass tort claims plaintiff by plaintiff, apart from the overall settlement timeline. They look at the procedural posture of the MDL, the strength of the underlying science and the documents behind your individual claim, then estimate your individual recovery against the settlement and grid history of comparable mass torts. Because resolution can be years away, the timeline is part of what they weigh.

Typical timeline

Mass tort matters frequently take three to seven years from filing to individual distribution, depending on bellwether outcomes and global settlement timing.

By state

Mass Tort Funding by state

Statutes of limitations, comparative-fault rules and damages caps for this case type vary by state. Select a state for the rules that apply.

FAQ

Mass Tort Funding: common questions

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

Keep reading