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April 2026

Can You Get Pre-Settlement Funding for a Wrongful Death Case?

Yes — wrongful death cases can qualify for pre-settlement funding. The claim is brought by surviving family members or the estate, and the advance is issued to the plaintiff representative, not the decedent.

Wrongful death cases qualify for pre-settlement funding. A wrongful death claim is a civil cause of action brought by the surviving family members or the estate of a deceased person whose death was caused by the negligence or misconduct of another. The surviving plaintiff — a spouse, child, parent, or estate representative — is the applicant for any pre-settlement advance.

Wrongful death cases often involve significant damages: economic losses (the decedent's projected future earnings), loss of consortium, funeral and burial expenses, medical bills incurred before death, and in some states, punitive damages for particularly egregious conduct. These damages can support substantial pre-settlement advances when liability is clear and the defendant is insured.

The underwriting process for wrongful death cases examines the same factors as any personal injury case: strength of liability evidence, available insurance coverage, jurisdiction, attorney's case assessment, and estimated timeline to resolution. Some wrongful death cases — particularly those involving complex liability questions, multiple defendants, or coverage disputes — may take longer to underwrite.

Family members who are also managing the financial consequences of losing the primary earner in the household are exactly the type of plaintiff for whom pre-settlement funding provides critical relief. The advance covers living expenses, mortgage or rent, children's costs, and other obligations while the estate's legal claim is being resolved.

Contact Criterica Capital to discuss your specific wrongful death case and eligibility in your state.

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