Can I Apply for Pre-Settlement Funding If My Case Is on Appeal?

Yes — appellate cases can qualify for pre-settlement funding, though the underwriting criteria differ from trial-level cases. Case strength on appeal is evaluated differently than at the trial stage.

Pre-settlement funding is available for cases on appeal in many jurisdictions. An appeal extends the litigation timeline, which affects repayment modeling, but does not automatically disqualify a case. If a trial verdict was entered in your favor and the defendant is appealing, the case may be particularly strong from an underwriting perspective — you have already won at trial.

Cases where you are the appellant (appealing an adverse verdict) are more difficult to fund. Funders evaluate the merits of the appeal itself: whether the trial record contains reversible error, the strength of the legal arguments, and the realistic probability of a favorable outcome on remand or reversal. These cases require more detailed legal analysis before any advance is issued.

The practical consideration is timeline. Appeals typically add one to three years to the resolution of a case. Because funding costs accrue over the life of the case, the total repayment on an appellate-stage advance will be higher than for a case approaching settlement. Your attorney should model out realistic timeline scenarios before you apply.

To apply, your attorney will need to provide the full trial record, the notice of appeal, and the appellate briefing schedule. Criterica Capital reviews each appellate case individually. Not all case types or jurisdictions qualify at the appellate stage — contact us to discuss your specific situation before applying.

Source: ALFA Consumer Litigation Funding Code of Conduct. Appellate funding eligibility varies by jurisdiction and case type.

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