Anyone preparing a funding request
How litigation funders evaluate a request
Independent funders differ in mandate and appetite, and read a request in much the same order. Knowing that order is the fastest way to prepare one.
Who this is for
Claimants, law firms and companies about to approach funders
Your job is to put a request in front of the right funders in a form they can act on. Each funder decides for itself, so the request has to answer the common questions before it is asked.
- Car accident12 to 24 mo
- Premises liability12 to 30 mo
- Wrongful death18 to 36 mo
- Product liability24 to 48 mo
- Mass torts36 to 84 mo
The order in which a funder reads
Most funders begin with the claim and the defendant: what happened, what the loss is and whether the defendant can pay. Then they read the stage and the forum. Then the counsel and the terms of engagement. Last, the amount sought and what it will fund.
Criterica Capital prepares the request in that order from the court record, so the stage and forum are checked before the funder opens it.
Why the forum carries weight
Two identical claims can differ in timing by years depending on the court. A funder reads how long comparable cases have taken in that court, because the time its capital is at risk drives its view of the case more than almost anything else it reads.
How to prepare for several funders
Prepare one request, not one per funder. Mark what is stated by the requester and what is checked against the record, and answer follow-up questions in the same request. Independent funders each decide on their own.
How to read this
The bands describe how each case type has commonly resolved. They set expectations for a request and are not a view of any one case.
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Questions readers ask
How do litigation funders evaluate a request?
They read the claim and the defendant first, then the stage and forum, then the counsel and engagement terms, and last the amount and its use.
Why does the court matter so much?
Comparable cases can differ in timing by years between courts, and the time a funder’s capital is at risk drives its view of the case.
Should I send a separate request to each funder?
No. Prepare one request and answer follow-up questions in it. Independent funders each decide on their own.
Next step
Ready when you are.
Tell the Capital desk about the case, the firm or the book. Independent funders each decide on their own.
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