Pre-settlement funding for product liability claims.
Injuries caused by defective products, dangerous design, manufacturing failures, or inadequate warnings. How pre-settlement funding applies to individual plaintiffs in product liability litigation.
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.
How product liability cases are reviewed
Product liability cases arise when a defective or dangerous product causes injury or death. The three primary theories of liability are design defect (the product was inherently dangerous as designed), manufacturing defect (the specific product deviated from its intended design), and failure to warn (the product lacked adequate instructions or safety warnings). These cases often involve institutional defendants with significant legal resources, making funding for plaintiffs particularly valuable.
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.
Requirement 1
Active, filed claim with retained contingency counsel
Requirement 2
Documented injury attributable to the product
Requirement 3
Solvent or insured defendant, or an available bankruptcy trust
How terms are set
Rates and terms are set by the capital provider and written in the provider’s agreement before signing.
How the process works for product liability claims
- STEP 1ApplySubmit case information including the product involved, the nature of your injury, and attorney contact information.
- STEP 2DocumentationYour attorney provides liability theory, expert support (if retained), and injury documentation.
- STEP 3Provider decisionIndependent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
- STEP 4Provider agreementIf a provider funds the case, the provider's agreement states how and when funds are paid.
How we underwrite this case type
Product liability underwriting evaluates the strength of the defect theory and the likelihood of establishing it, often through expert analysis, against the documented injury and the defendant's available coverage. We assess whether the product has been preserved, whether the liability theory is design, manufacturing, or warning-based, and the manufacturer's solvency, then model expected recovery using outcome data for comparable product claims.
Product liability cases commonly take 24 to 48 months given the expert discovery required to establish the defect.
Product 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.
Product Liability Funding: common questions
Not necessarily. A request can be reviewed before an expert is retained if the liability theory is clear and your attorney has assessed the claim. Expert support does strengthen the underwriting case and may support a higher advance.
Product liability cases against bankrupt manufacturers may still be fundable if there is an active bankruptcy trust or insurance coverage available. Discuss this with your attorney and contact us with the specific situation.
Request funding for your case.
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.