Pre-settlement funding: Maritime Law

Pre-settlement funding for Jones Act maritime claims.

Federal maritime law claims for seamen, offshore workers, and maritime employees injured in the course of their employment. How pre-settlement funding works for qualified maritime plaintiffs.

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 Jones Act maritime cases are reviewed

The Jones Act (46 U.S.C. § 30104) provides a federal negligence remedy for seamen injured in the course of their employment on vessels in navigable waters. Unlike workers' compensation, the Jones Act requires proving employer negligence — but allows recovery for pain and suffering, lost wages, and medical expenses. Maritime plaintiffs are also entitled to maintenance and cure regardless of fault, and may have additional unseaworthiness claims under general maritime law.

Commercial seamen: merchant mariners, tugboat crews, barge workers, and tanker crews
Offshore workers on drilling platforms, supply vessels, and offshore construction rigs
Jones Act negligence, unseaworthiness, and maintenance and cure claims
Coverage in all US navigable waters and adjacent offshore waters
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.

Status as a Jones Act seaman with a substantial connection to a vessel in navigation
A documented injury in the course of employment, with evidence of employer negligence or vessel unseaworthiness
A solvent vessel owner or maritime employer with available coverage
Retained counsel experienced in maritime injury litigation

Requirement 1

Confirmed or strongly supported seaman status, claim with retained counsel

Requirement 2

Documented work injury and a negligence or unseaworthiness theory

Requirement 3

Solvent or insured vessel owner or maritime employer

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 Jones Act maritime claims

  1. STEP 1
    Apply
    Submit your case details including vessel name, employer, injury description, and attorney information.
  2. STEP 2
    Documentation
    Your attorney coordinates maintenance and cure records, medical documentation, and the liability theory.
  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.
Underwriting

How we underwrite this case type

Jones Act underwriting first confirms seaman status under the governing two-part test, then evaluates the negligence and unseaworthiness theories against the documented injury. We account for maintenance-and-cure benefits, which run in parallel and do not affect fundability, and model expected recovery — including pain and suffering, lost wages, and medical costs — against outcome data for comparable maritime claims.

Typical timeline

Jones Act and maritime claims commonly resolve within 18 to 36 months depending on the contested issues and the severity of injury.

FAQ

Jones Act & Maritime 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.

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