Claimants, firms and their counsel

Non-recourse litigation funding

Non-recourse means repayment comes only from the recovery of the funded case. That puts the risk on the funder, which is why the funder reads the case closely before it decides.

Who this is for

Claimants, law firms and counsel weighing a funded case

Your job is to understand what you owe if the case does not recover, and what a funder needs to see to accept that risk. The structure decides both.

  1. Car accident12 to 24 mo
  2. Truck accident18 to 36 mo
  3. Medical malpractice24 to 48 mo
  4. Wrongful death18 to 36 mo
  5. Mass torts36 to 84 mo
Figure 1Typical time to resolution by case type. The typical band, in months, published on each Criterica Capital case-type page. The longer the band, the longer the funder’s capital is at risk.Source: Criterica Capital case-type pages

What non-recourse means

In non-recourse funding the funder is repaid only from the proceeds of the funded case. If the case produces no recovery, the claimant owes nothing. The funder cannot look to other assets.

Criterica Capital prepares the request from court records and private settlement data and sends it to independent funders. Each funder decides on its own.

What the funder reads when it carries the risk

Because the case is the only source of repayment, the funder reads liability, the defendant and what stands behind a recovery, the stage of the case and the pace of comparable cases in the same court. A case with a long expected duration costs the funder more, and the funder reads that duration closely.

Stage, venue and pace come from the court record. The claimant and counsel supply the facts, which are checked against the filed papers.

How to prepare the request

State the case, the court, the stage and the amount sought. Have counsel confirm the facts and acknowledge the funding. Say plainly what else, if anything, has a claim on the recovery, such as liens or earlier advances.

How to read this

The bands describe how each case type has commonly resolved. A particular case depends on its court, its defendant and its facts, and the funder weighs those on its own.

Questions readers ask

What does non-recourse litigation funding mean?

The funder is repaid only from the proceeds of the funded case. If the case produces no recovery, nothing is owed.

Why does the funder read the case so closely?

Because the case is the only source of repayment, the funder reads liability, the defendant, the stage and the pace of comparable cases before it decides.

Who decides whether a request is funded?

Independent funders each decide on their own. Criterica Capital prepares the request from court records and private settlement data.

Next step

Find out whether your case can be helped now.

Send a short request with your attorney's details. It is prepared from court records and private settlement data. Independent funders each decide on their own.

See if you can get help

Need analysis rather than funding? Criterica Intelligence