What Types of Cases Qualify for Pre-Settlement Funding?

Personal injury cases — auto accidents, slip and fall, medical malpractice, wrongful death, workers' compensation, civil rights, and others — are the core qualifying case types. The key requirements are attorney representation and a viable liability claim.

Pre-settlement funding is available across a wide range of civil litigation claim types. Personal injury is the largest category: auto accidents (including rideshare, truck, and motorcycle accidents), slip and fall, premises liability, medical malpractice, nursing home abuse, product liability, dog bites, construction accidents, and wrongful death cases are all commonly funded.

Beyond personal injury, qualifying case types include employment discrimination (EEOC cases, harassment, retaliation, wage theft), civil rights violations (police misconduct, unlawful arrest, use of force), Jones Act and maritime injury claims, FELA railroad worker injuries, and mass tort or class action cases involving pharmaceutical products, defective devices, or environmental exposure.

The key eligibility factors across all case types are: (1) you have retained an attorney under a contingency fee agreement; (2) you have a pending civil lawsuit or imminent filing in a covered state; (3) liability is reasonably established based on the available evidence; and (4) the expected net recovery is sufficient to support the advance amount you need.

Case types that generally do not qualify include criminal cases (no civil recovery component), family law matters (divorce, custody — no tort-based recovery), probate disputes, and bankruptcy proceedings. Workers' compensation claims standing alone typically do not qualify unless there is an accompanying third-party tort claim.

See Criterica Capital's Cases We Fund page for the full list of qualifying case types and any state-specific restrictions.

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