Pre-settlement funding: Medical Negligence

Pre-settlement funding for medical malpractice claims.

Medical malpractice cases are complex, expensive, and slow. Pre-settlement funding helps plaintiffs maintain financial stability during litigation that can span years.

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 medical malpractice cases are reviewed

Medical malpractice litigation is among the most resource-intensive and time-consuming areas of personal injury law. Cases typically require expensive expert witnesses, extensive medical record review, and multi-year litigation timelines. Plaintiffs managing ongoing medical care while their case progresses often face significant financial pressure. Pre-settlement funding provides non-recourse capital to cover living expenses and medical costs without forcing early settlement.

Surgical errors, anesthesia complications, and post-operative negligence
Misdiagnosis and delayed diagnosis causing preventable harm
Birth injuries including cerebral palsy, Erb's palsy, and hypoxic-ischemic encephalopathy
Hospital negligence, nursing home abuse, and emergency room errors
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.

A filed claim with a qualified medical expert who has reviewed the case and supports the standard-of-care and causation theory
A documented, significant injury caused by the alleged negligence — not merely an adverse medical outcome
A solvent defendant or available malpractice insurance coverage
Retained contingency counsel experienced in medical malpractice litigation

Requirement 1

Filed claim with supportive qualified expert review

Requirement 2

Documented significant injury attributable to the alleged negligence

Requirement 3

Retained contingency counsel and identifiable malpractice coverage

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 medical malpractice claims

  1. STEP 1
    Apply
    Contact us with your case details. Criterica Capital reviews medical malpractice cases with attention to the complexity of these claims.
  2. STEP 2
    Documentation
    Your attorney coordinates medical records, expert opinions, and a liability assessment for review.
  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

Medical malpractice is among our most rigorous underwriting categories because liability turns on expert testimony, not on the existence of a bad outcome. We require confirmation that a qualified expert supports both the breach of the standard of care and causation. We then weigh the severity of the injury and the available coverage against the jurisdiction's damages framework, including any statutory caps, using outcome data for comparable med-mal claims.

Typical timeline

Medical malpractice cases routinely take 24 to 48 months to resolve given the expert discovery and pre-suit requirements many states impose.

By state

Medical Malpractice 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

Medical Malpractice 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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