Can you get a cash advance on a sexual abuse lawsuit?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

You can read this at your own pace. If you would like to talk with someone now, the National Sexual Assault Hotline from RAINN is free, confidential and open 24/7 in English and Spanish at 800-656-4673.

What a funder would see, and who decides

A funder decides based on its review of the claim, and it will ask your lawyer for information. You control how much of that goes out. In California, a retained lawyer “shall not disclose any privileged information to a legal funding company without the written consent of the consumer,” and sharing at your request “shall not otherwise void the attorney-client privilege” (Bus. & Prof. Code 6256(c)). Outside California the protection depends on court decisions, and in at least one abuse case the defense asked for a survivor’s funding materials. Our page on funding and attorney-client privilege explains those rulings.

A short summary from your lawyer and the filed complaint may be enough for a funder to decide. Counseling notes, journals and messages with your lawyer are a different matter, and you can say no to sharing them. If a company insists on more than you are comfortable giving, that is a reason to stop and talk it over.

Applying for money does not hand anyone a say in your case. California bars a funder from receiving any right to make, or making, decisions about the conduct of the claim or any settlement (Bus. & Prof. Code 6254), and the page on case control covers other states.

Why these cases often take years

Many abuse claims are brought against the organization that should have protected the survivor, such as a school, a church or a youth program. Those cases often turn on what the organization knew and when, which means records, past complaints and testimony from people who worked there. Our FAQs on institutional sexual abuse claims and suing a school explain how responsibility is proved.

California adds steps for some childhood claims. A survivor who files at age 40 or older must file certificates of merit, and the court reviews them privately before any defendant is served (CCP 340.1). In those cases the statute keeps each defendant named only as “Doe” until there has been a showing of corroborative fact against that defendant, and the court keeps the certificates of corroborative fact under seal.

Some claims are paid through a court-supervised program instead of a direct settlement. Those programs can carry terms that block payment to anyone but the claimant. In the NFL concussion settlement, a federal appeals court upheld a term voiding true assignments to funders while leaving the rest of the cash advance contracts in place (In re National Football League Players’ Concussion Injury Litigation). Ask your lawyer whether your claim could be resolved that way.

Time drives cost. Most contracts add charges every month, though in California charges may not run more than 36 months from the funding date (Bus. & Prof. Code 6250(a), AB 931). Our page on what funding costs shows how charges build.

Deadlines and revival windows

Filing on time comes before any funding question. In California, adult sexual assault claims based on conduct on or after January 1, 2009, that “would have been barred solely because the applicable statute of limitations has or had expired” were revived and “may be commenced until December 31, 2026” (CCP 340.16(b)(3)). As of November 2026, that date is only weeks away. A funder may hesitate on a claim that has not been filed, and a funding application should never slow down the filing itself. Section 340.16 also opened a separate window that runs through December 31, 2027 for certain claims.

Childhood abuse rules differ by state and by the date of the abuse. California has no time limit for childhood sexual assault occurring on or after January 1, 2024 (CCP 340.1), and Texas allows 30 years for the listed child sexual abuse offenses (CPRC 16.0045). Our FAQ on the sexual abuse statute of limitations covers California, Texas and Washington in detail.

When the survivor is still a minor

If the survivor is under 18, a parent cannot simply sign away part of the recovery. In California, a compromise of a minor’s claim is valid only after court approval (Prob. Code 3500; CCP 372). Texas requires court approval of a next friend’s settlement (Tex. R. Civ. P. 44). Washington requires a petition listing every lien and fee and the net amount to the minor, and the court decides how the money is held, for example in a blocked account or a trust (SPR 98.16W). Our page on a child’s injury case explains how that affects any advance.

What to ask before you sign

• What exactly will the company receive, and can it decide based on a summary from my lawyer?
• Who at the company will read my file, how is it stored, and when is it deleted?
• Does the contract include its own confidentiality terms, and do they bind the company?
• What will I owe at 12, 24 and 36 months, and is there a cap?
• If my claim is paid through a court program or trust, how does the company get paid?
• Is there a filing deadline that matters more right now than the money?

Our red flags page lists other terms to read closely.

Common questions

Related pages

Cash advance on a lawsuit · Laws by state · Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.