Frequently Asked Questions
May an attorney advance funds to his client to pay the costs of a client's living expenses during the pendency of his case?
No. Borrowing from a lawyer for such purposes is prohibited because it creates a potential for disagreement and conflict between the attorney and his client when, for instance, the two cannot agree on the terms of a settlement or whether to proceed to trial.
Why doesn't the client simply borrow funds from a bank or financial institution until he enters into a settlement or receives an award?
As you know, often, your clients have insufficient assets to pledge as security for a bank loan. Banks also have little understanding of the value of personal injury cases and cannot assess their worth. Further, your client's injury may prevent him from active employment - another requirement of most institutional lending agreements.
Can your client sell or assign all or a portion of his personal injury claim prior to payment of settlement or award in order to fund litigation expenses and/or his personal living expenses?
Yes. Your client owns the claim and may sell or assign any part of it. A portion of the claim was already assigned to you as your contingency fee.
What role does Plaintiff Support Services (PSS) assume in connection with the case?
None. You and your client are in charge of directing the case. PSS is paid directly from the proceeds of a settlement or award and plays no part of case strategy and management, settlement negotiations or trial.
How will my client pay PSS if the case is lost?
PSS makes non-recourse investments in personal injury cases. Accordingly, no payment is due to PSS by the client if the case is lost. Further, counsel has no obligation to PSS other than to assure that PSS is paid directly from the attorneys' trust account upon settlement or payment of award.
What does PSS charge for its investment?
Each case is judged on its own merits and PSS carefully considers such issues as likelihood of success, damages sustained, risk of loss of PSS' funds, settlement possibilities and time of potential recovery. Your client's credit history is NOT considered.
When will my client receive PSS' investment funds?
PSS requests that it be provided with certain case information. After receipt of these documents, monies can be transferred within a matter of days.
Are there any application or other fees?
Plaintiff pays a processing fee of $350 - but only if and when your client successfully recovers funds.