Pre-settlement funding: Wrongful Death

Pre-settlement funding for wrongful death claims.

How pre-settlement funding works for surviving family members with pending wrongful death claims, while the attorney pursues accountability.

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 wrongful death cases are reviewed

Wrongful death cases are brought by surviving family members — typically a spouse, children, or parents — following the death of a loved one caused by another party's negligence, recklessness, or intentional misconduct. These cases often involve auto accidents, workplace incidents, medical malpractice, or criminal acts. The financial pressure on surviving families is acute: they have lost a source of income while facing funeral expenses, ongoing living costs, and the stress of litigation.

Motor vehicle accidents: cars, trucks, motorcycles, and commercial vehicles
Workplace accidents and occupational exposure
Medical malpractice causing death
Product liability and defective equipment
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 death caused by another party's negligence, recklessness, or intentional misconduct
An applicant with legal standing — estate representative, surviving spouse, or qualified next-of-kin under state law
A solvent or insured defendant capable of satisfying a judgment or settlement
Retained contingency counsel actively pursuing the wrongful death action

Requirement 1

Applicant with confirmed legal standing under state law

Requirement 2

Active, filed claim with retained contingency counsel

Requirement 3

Solvent or insured defendant and documented liability theory

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 wrongful death claims

  1. STEP 1
    Apply
    The surviving family member or estate representative applies. Your attorney coordinates the application.
  2. STEP 2
    Documentation
    Case documentation includes death certificate, incident report, attorney retention, and liability assessment.
  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

Wrongful death underwriting confirms the applicant's standing under the governing state statute and evaluates the liability theory against the available coverage. We assess the strength of the causation evidence linking the defendant's conduct to the death, then model the expected recovery — which reflects the decedent's earnings, the survivors' losses, and the jurisdiction's wrongful death damages framework — using outcome data for comparable cases.

Typical timeline

Wrongful death cases typically take 18 to 36 months, longer where liability is contested or multiple defendants are involved.

By state

Wrongful Death 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

Wrongful Death 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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