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.
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.
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
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
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 wrongful death claims
- STEP 1ApplyThe surviving family member or estate representative applies. Your attorney coordinates the application.
- STEP 2DocumentationCase documentation includes death certificate, incident report, attorney retention, and liability assessment.
- 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
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.
Wrongful death cases typically take 18 to 36 months, longer where liability is contested or multiple defendants are involved.
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.
Wrongful Death Funding: common questions
The person(s) with standing to bring the wrongful death claim — typically the estate representative, surviving spouse, or qualified next-of-kin as defined by state law. Your attorney can confirm who has standing in your jurisdiction.
The advance is typically made to the individual plaintiff(s) who retain legal standing in the wrongful death action. Your attorney will coordinate the appropriate structure.
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.