How Litigation Finance In The USA Is Transforming The Legal Landscape


Are you seeking financial support for your legal battles? Look no further than litigation finance in the USA. In recent years, this alternative form of funding has gained popularity among law firms and individual litigants across the nation.

Litigation finance, also known as legal funding or lawsuit funding, provides financial assistance to plaintiffs involved in various legal disputes.

With litigation costs skyrocketing in the United States, many litigators face significant financial constraints. Litigation funding offers a viable solution by providing the necessary funding to cover legal expenses. This innovative approach allows litigants to level the playing field, ensuring that access to justice is not limited by financial resources.

As the demand for commercial litigation finance continues to grow, it’s crucial to understand how it works and what benefits it can provide. Let’s delve into the intricacies of litigation finance in the USA.

What is Litigation Finance?

Litigation finance is a financial service that provides funding to litigants involved in legal disputes. It is especially beneficial for plaintiffs who may not have the financial resources to pursue their legal claims. It helps level the playing field by providing access to justice for everyone, especially those who would otherwise be unable to afford the costs associated with litigation. By removing financial barriers, litigation funding ensures that deserving cases can be pursued, regardless of the litigant’s financial situation.

However, it’s important to note that litigation finance is not a loan. Unlike traditional loans, litigation finance does not require repayment if the case is unsuccessful. The funding is non-recourse, meaning that if the plaintiff loses the case, they are not obligated to repay the litigation funding firms.

The History and Evolution of Litigation Finance in the USA

The concept of litigation finance has its roots in ancient legal systems, where wealthy individuals finance lawsuits in exchange for a specified share of the potential recovery. However, it wasn’t until the late 20th century that litigation finance as we know it today began to take shape.

In the United States, litigation finance gained prominence in the 1990s as a response to rising litigation costs like attorney fees and the increasing complexity of legal disputes. As cases became more expensive to litigate, law firms and litigants started seeking alternative funding options to ensure access to justice.

Initially, litigation finance faced significant skepticism and regulatory challenges. Critics argued that it could compromise the integrity of the legal system by incentivizing frivolous lawsuits and interfering with attorney-client relationships. However, over time, litigation finance has gained acceptance and recognition as a valuable tool for promoting access to justice.

Today, litigation finance has become an established industry in the United States, with numerous companies, including Omni Bridgeway, providing funding to those pursuing a legal claim across a wide range of practice areas. The industry has experienced remarkable growth, driven by the increasing demand for financial support in complex and high-stakes litigation.

Key Considerations When Seeking Litigation Finance

If you are considering litigation finance as a funding option for your legal dispute, there are several key considerations to keep in mind:

Case Viability

Litigation funders typically assess the viability and potential value of cases before providing funding. It’s important to have a strong case with a reasonable chance of success to increase your chances of securing commercial litigation funding.

Funding Terms

Carefully review the funding agreement’s terms. Negotiate when possible. Consider factors such as the amount of funding provided, the fees or percentage of the recovery owed to the litigation finance company, and any other provisions that may impact your financial interests.

Reputation and Experience

Research the litigation finance company’s reputation and experience. Look for firms with a record of successful partnerships and positive client testimonials.

Conflicts of Interest

Ensure that the litigation finance company does not have any conflicts of interest that may compromise your case. Verify that they are not funding your opponent or have any connections that could impact the integrity of the legal process.

Legal Advice

Experienced attorneys familiar with litigation finance can help you navigate the complexities of the funding process and ensure that your interests are protected.

Common Misconceptions about Litigation Finance

There are still several misconceptions surrounding litigation finance. Let’s debunk some of them:

Litigation finance encourages frivolous lawsuits. Critics argue that litigation finance incentivizes individuals to pursue meritless claims in the hopes of securing a settlement. However, litigation finance companies carefully evaluate the viability of cases before providing funding, reducing the likelihood of funding frivolous lawsuits.

Litigation finance interferes with the attorney-client relationship. Some believe that the involvement of a litigation finance company may compromise the attorney-client relationship, as the company has a financial stake in the outcome of the case. However, reputable litigation finance companies respect the attorney-client privilege and do not interfere with the attorney’s professional judgment.

Litigation finance is only for plaintiffs. While litigation finance is commonly associated with plaintiffs seeking funding for their legal claims, it can also be beneficial for defendants. In certain cases, defendants may face financial constraints that prevent them from mounting a strong defense. Litigation finance can provide the necessary funds to cover litigation expenses and ensure a fair legal process.

Litigation finance delays settlements. Some argue that litigation financing prolongs the litigation process by incentivizing plaintiffs to hold out for higher settlements. However, litigation finance can also incentivize early settlements by providing the financial resources needed to negotiate from a position of strength.


Litigation finance has emerged as a revolutionary funding model that is transforming the legal landscape in the USA. Providing plaintiffs with access to the financial resources needed to pursue legal action has democratized access to justice and leveled the playing field in the courtroom.

However, litigation finance is not without its challenges. Concerns about potential abuses, conflicts of interest, and the erosion of attorney independence must be addressed to ensure the integrity of the legal system. As the industry continues to evolve, the future of litigation finance will be shaped by regulatory developments, market dynamics, and the ongoing pursuit of a fair and accessible legal system for all.

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