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Why would a pre-settlement loan be denied?

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
Trial attorney · English y Español · (310) 552-6959
A funding company says no when it doubts your case will pay enough, soon enough, to cover what it would be owed. The factors the GAO and researchers describe include disputed fault, too little insurance, liens and earlier advances that must be paid first, and a lawyer who will not take part. State laws can also rule out a deal before any review starts.

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

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How often requests are turned down

Denials are common, and they say more about the company’s risk than about you. In a study of one large funder’s records, law professors Ronen Avraham and Anthony Sebok found that 52% of cases were not funded, and that about 60% of those were “denied outright” without going through the funder’s full underwriting (104 Cornell L. Rev. 1133, 1145-47 (2019)). The rest were reviewed in full and then not approved.

We did not find a breakdown of denials by reason in that study or in the U.S. Government Accountability Office report. So this page describes what funders look at, not the odds that any one factor will sink your request.

Fault: is the other side’s liability clear?

GAO reported that consumer funders “evaluate certain factors before deciding whether to provide funding,” starting with “whether the defendant’s liability for a plaintiff’s injuries has been established” (GAO-23-105210, p. 14). Avraham and Sebok note, citing earlier research, that funders deciding whether to reject an application focus on basic information about the lawsuit and “the strength of the consumer’s case” (p. 1166 n.62).

To judge fault, the company in their study could obtain “police, hospital, and insurance reports on the incident” (p. 1141). When the other side denies responsibility, blames you, or the record is thin, a funder has less to count on, and that is one of the most direct routes to a no.

Insurance: is there money to collect?

The second factor GAO names is “whether the defendant has insurance.” A strong case against someone with a small policy and no other assets may still produce a small recovery, and a funder sizes its offer to what it expects to collect. That is why a request can be denied, or approved for less than you asked, even when the injury is serious. Our page on how much you can get explains how funders size advances.

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Where the case stands, and how long it may run

In the Avraham and Sebok data, the median client first contacted the funder 308 days after the accident (p. 1148). A claim that is very new may not yet have the records a funder wants, such as a police report, treatment records or an insurer’s position on fault.

A case that may run for years raises a different problem, because several states stop the charges after a set time. California’s limit is 36 months from the funding date (Bus. & Prof. Code 6250), and Illinois stops charges 42 months after funding (815 ILCS 121/25). A long expected timeline can make a case less attractive to a funder in those states.

Your lawyer’s part

In several states the contract cannot exist without your lawyer. California requires the retained attorney’s written acknowledgment and makes the contract void without it (Bus. & Prof. Code 6251(c)-(d)). Illinois calls a contract without the acknowledgment “null and void” (815 ILCS 121/10(c)), and New York’s 2026 text uses the same words (A.9442, sec. 1002).

Even where no statute requires it, the funder usually needs your lawyer’s file. Avraham and Sebok found that “lawyers’ experiences” with funding “are correlated with the likelihood that their clients will have their cases approved” (p. 1171). Our page on what happens if your lawyer says no covers that situation.

Liens, earlier advances and bankruptcy

A funder is paid after others who have a claim on your settlement, so it looks for them. The company in the study sought “details concerning any liens on an award” and whether the plaintiff “has ever filed for bankruptcy” (p. 1141). Medical liens, Medicare and child support can take a large share before a funder sees anything; see funding and medical liens.

An earlier advance matters too. California bars a company from funding a consumer whose proceeds were already assigned unless the earlier assignment is first satisfied (section 6254(a)).

State laws that can stop a deal

Some denials have nothing to do with the merits of the case. The law in your state, or the type of claim, can keep a company from funding it at all.

LimitExampleSource
Where you liveCalifornia, Illinois and Missouri laws protect consumers who reside or are domiciled in the stateB&P 6250; 815 ILCS 121/5; RSMo 436.552
Type of claimOklahoma’s definition leaves out workers’ compensation claims, “which are not assignable”; California bars assigning a comp claim before payment14A O.S. 3-801; Cal. Lab. Code 4900
Price capsGAO reported that Arkansas caps interest rates at 17 percentGAO-23-105210, p. 25
Size of the dealNew York’s law covers fundings of no more than $500,000A.9442
Court decisionsA federal appeals court held Kentucky funding contracts void as champerty and usuriousBoling v. Prospect Funding Holdings

Our state law table has the rules for each state, and who qualifies for pre-settlement funding explains the residency and claim-type rules in more detail. For comp claims, see the workers’ compensation page.

What this means for you

  • Ask the company to state the reason for the denial in writing.
  • Ask your lawyer whether something the company wanted, such as a police report or medical records, is still missing.
  • If the reason was liability or insurance, ask your lawyer whether that may change as the case develops.
  • If the reason was your state’s law or the type of claim, applying to another company will likely meet the same rule.
  • Look at the alternatives to pre-settlement funding while you wait.

Common questions

Was I denied because of my credit?

GAO’s description of what consumer funders weigh lists liability and insurance, not credit history. The Avraham and Sebok funder did look at bankruptcy history. Our page on bad credit and lawsuit advances has more.

Can I apply again or apply somewhere else?

None of the statutes we read bars a new application. If the case has changed, for example because liability was admitted, a new request may be reviewed differently.

Does a denial hurt my injury case?

A denial is a company’s decision about its own money. It does not change what the defendant owes you.

Can my lawyer's refusal be the reason?

Yes. In California, Illinois and New York a contract without your lawyer’s acknowledgment is void, so a funder there cannot complete the deal without it.

I was approved for less than I asked. Is that a partial denial?

In effect. The amount offered reflects the company’s own view of what the case may pay, and you can decline an offer that does not meet your need. The lawsuit cash advance guide has the rest of this section. Beverly Law does not offer or arrange lawsuit funding and receives no payment from funding companies. Beverly Law offers a free case review in English or Spanish at (310) 552-6959 if you have questions about your injury case. You owe no fees or costs unless we win.

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Related pages

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

Sources

  1. U.S. GAO, Third-Party Litigation Financing: Market Characteristics, Data, and Trends, GAO-23-105210 (Dec. 2022) (gao.gov)
  2. Avraham & Sebok, An Empirical Investigation of Third Party Consumer Litigant Funding, 104 Cornell L. Rev. 1133 (2019) (publications.lawschool.cornell.edu)
  3. California AB 931 (Bus. & Prof. Code 6250-6256), chaptered text (CalMatters Digital Democracy) (calmatters.digitaldemocracy.org)
  4. California AB 931, official bill text (leginfo.legislature.ca.gov)
  5. Illinois Consumer Legal Funding Act, 815 ILCS 121 (ilga.gov)
  6. New York A.9442 (L. 2026, ch. 11), Financial Services Law art. 10 (nysenate.gov)
  7. Missouri RSMo 436.552 (revisor.mo.gov)
  8. Oklahoma 14A O.S. 3-801 (OSCN) (oscn.net)
  9. Cal. Lab. Code 4900 (Justia) (law.justia.com)
  10. Boling v. Prospect Funding Holdings, LLC, No. 18-5599 (6th Cir. Apr. 25, 2019) (law.justia.com)

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.

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