The Role of Pre-Settlement Funding Companies in Access to Justice

The Role of Pre-Settlement Funding Companies in Access to Justice

18 Oct 2023
9 min
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Simon Mosheshvili

Co-Founder of the MedResolve and Ovecus Financial

Introduction

Access to justice is a fundamental tenet of any fair and equitable legal system. It ensures that every individual, regardless of their financial situation, can seek legal remedies when wronged. However, the reality often falls short, with many facing financial constraints that impede their access to justice. Pre-settlement funding companies like Ovecus Financial play a crucial role in addressing this issue, bridging the financial gap and ensuring that justice is not a privilege reserved for the wealthy. In this article, we will explore how pre-settlement funding companies contribute to ensuring access to justice for all.
Introduction

Understanding Access to Justice

Access to justice is a legal principle that encompasses the idea that every individual should have the opportunity to access the legal system to protect their rights and seek remedies for wrongs committed against them. It means that justice should not be limited to those who can afford legal representation and the associated costs.
Understanding Access to Justice

Challenges to Access to Justice

Despite the noble principle of access to justice, several obstacles often hinder individuals from fully realizing their legal rights:

1. Financial Barriers: Legal proceedings can be financially burdensome, including attorney fees, court costs, and other expenses. Many individuals may lack the resources to pursue their cases effectively.

2. Unequal Power Dynamics: Legal battles frequently involve powerful entities or individuals with substantial resources, putting less affluent plaintiffs at a disadvantage.
3. Risk Aversion: Fear of incurring legal expenses, particularly if the case is unsuccessful, may discourage individuals from pursuing legitimate claims.
Challenges to Access to Justice

The Role of Pre-Settlement Funding Companies

Pre-settlement funding companies are instrumental in addressing these barriers and ensuring that access to justice is not just a concept but a practical reality:

1. Immediate Financial Relief:

Pre-settlement funding provides plaintiffs with much-needed financial relief during the legal process. It covers essential expenses like medical bills, living costs, and attorney fees, ensuring that plaintiffs can sustain themselves throughout the litigation.

2. Leveling the Playing Field:
By offering financial support, pre-settlement funding helps to balance the power dynamics in legal disputes. Plaintiffs can resist the pressure to accept low-ball settlements simply due to financial desperation.
3. Quality Legal Representation:
Access to pre-settlement funding allows plaintiffs to secure experienced legal representation. This ensures they are on an equal footing with well-resourced opponents, increasing their chances of achieving a favorable outcome.
4. Non-Recourse Funding:
Pre-settlement funding is non-recourse, meaning that if the plaintiff loses the case, they are not personally liable for repayment. Funding is repaid only from the settlement or judgment amount, providing financial security.
5. Reduced Emotional Stress:
Legal battles can be emotionally draining, compounded by financial concerns. Knowing that pre-settlement funding is available provides plaintiffs with peace of mind, allowing them to focus on their case and recovery.
The Role of Pre-Settlement Funding Companies

Conclusion

Access to justice is not just a legal concept; it is a fundamental right. Pre-settlement funding companies like Ovecus Financial play a pivotal role in turning this principle into a reality. By providing financial support, balancing power dynamics, and reducing the financial and emotional burdens on plaintiffs, these companies are instrumental in ensuring that everyone has the opportunity to seek justice. They stand as pillars of equity and fairness in the legal system, contributing to a more just and accessible society.
Conclusion