Pre-settlement funding: Property Negligence

Pre-settlement funding for premises liability claims.

Slip and fall, negligent security, inadequate maintenance, and construction site injuries. State rules on pre-settlement funding vary.

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 premises liability cases are reviewed

Premises liability cases cover a wide range of incidents where a property owner's negligence caused an injury: slip and fall accidents on wet floors or icy sidewalks, negligent security in parking lots or apartment complexes, elevator and escalator injuries, swimming pool accidents, and construction site incidents. Liability depends on the plaintiff's status (invitee, licensee, or trespasser) and the specific duty of care applicable in the jurisdiction.

Slip and fall: wet floors, icy sidewalks, broken stairs, uneven pavement
Negligent security: assaults, robberies, and attacks in commercial properties
Construction site accidents involving non-employee plaintiffs
Elevator, escalator, and amusement ride injuries
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.

Evidence the property owner knew or should have known of the hazardous condition and failed to remedy it
A documented injury sustained on the property, supported by medical treatment
A commercial or insured property owner with available liability coverage
Retained contingency counsel actively pursuing the claim

Requirement 1

Active, filed claim with retained contingency counsel

Requirement 2

Documented injury with corresponding medical treatment

Requirement 3

Insured or solvent property owner with evidence of notice

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 premises liability claims

  1. STEP 1
    Apply
    Submit case information including property owner identity and incident documentation.
  2. STEP 2
    Liability Review
    Key underwriting factors: notice (did the owner know about the hazard?), duty of care, and injury documentation.
  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

Premises liability underwriting centers on notice — whether the owner knew or should have known of the hazard — and on the plaintiff's status on the property, which sets the duty of care. We assess the strength of the notice evidence, the property owner's coverage, and the documented injury, then model expected net recovery against comparable premises claims in the jurisdiction. Commercial defendants with clear notice and documented injuries underwrite more readily than residential or low-coverage matters.

Typical timeline

Premises liability claims generally resolve within 12 to 30 months depending on the disputed facts and the severity of the injury.

By state

Premises Liability 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

Premises Liability 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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