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Civil Rights & Other Claims

Legal Malpractice
Claim Funding.

A legal malpractice case can take time to investigate and resolve, especially when the underlying matter and claimed financial loss must also be evaluated. FCA may review qualifying represented plaintiffs with pending legal malpractice claims for non-recourse, case-based legal funding.

FCA does not determine whether an attorney committed malpractice, breached a professional duty or caused a client's loss. Those legal issues are handled by the plaintiff's current attorney and the applicable legal process.

Non-recourse legal funding. Approval, amount, cost, terms and availability depend on the individual claim and jurisdiction.
Legal documents representing a pending legal malpractice claim
Legal Malpractice Claims
Case-BasedFunding Review
No TraditionalCredit Check
Non-RecourseLegal Funding
Quick Answer

Can you get pre-settlement funding for a legal malpractice claim?

Potentially. FCA may review qualifying represented plaintiffs with a pending legal malpractice claim when current counsel can verify the claim, alleged damages and sufficiently identifiable potential recovery.

A disappointing legal result does not automatically mean malpractice occurred. The elements and deadlines for a legal malpractice claim vary by jurisdiction; FCA evaluates only the funding request.

01
Legal Malpractice Matters

What types of legal malpractice claims may FCA review?

Legal malpractice claims are fact-specific and often require analysis of both the attorney's alleged conduct and what would have happened in the underlying matter. FCA may review qualifying represented claims when current counsel can verify the pending case and potential recovery.

01

Missed Deadline Claims

Some malpractice claims allege that a filing deadline, statute of limitations or other critical procedural deadline was missed.

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02

Case Handling Claims

A represented plaintiff may allege that an attorney's handling of a matter fell below the applicable professional standard and caused compensable loss.

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03

Settlement-Related Claims

Some matters involve allegations concerning settlement advice, authority, communication or handling that allegedly caused financial harm.

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04

Conflict of Interest Claims

Certain claims may involve alleged conflicts of interest or divided loyalties that are asserted to have caused damages.

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05

Transactional Malpractice Claims

Legal malpractice can arise outside litigation, including certain business, estate, real estate or other transactional legal matters.

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06

Other Professional Negligence Claims

Other represented attorney-malpractice matters may be reviewed when current counsel can verify the legal basis, causation issues and potential recovery.

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02
How It Works

How legal malpractice claim funding works.

A simple review process centered on the pending legal claim and attorney verification.

01

Apply

Submit basic information about yourself, your current attorney and the pending legal malpractice claim.

02

Verify

FCA coordinates with your current attorney to verify the malpractice claim, underlying matter, alleged damages and information needed for funding review.

03

Review

The matter may be evaluated based on the alleged professional negligence, causation, underlying case or transaction, claimed damages, available recovery sources, existing advances and anticipated recovery.

04

Fund

If approved and you accept the terms, the required documents are completed and funds can be disbursed.

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Eligibility

Who may qualify for legal malpractice claim funding?

Every claim is different, but these are common factors FCA may review when determining eligibility.

You have a pending legal malpractice or related attorney professional negligence claim.
You are represented by current counsel for the malpractice claim being reviewed.
Counsel can verify the alleged malpractice, causation issues and underlying matter.
The case has progressed enough to support a funding review.
There is a sufficiently identifiable potential financial recovery after relevant obligations and existing advances.
Required case documentation can be verified with current counsel.
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Everyday Expenses

What can approved legal malpractice funding help cover?

A pending malpractice case may take time to resolve while plaintiffs continue to face rent, transportation, household bills and other everyday financial needs.

Rent & Mortgage
Groceries
Utilities
Transportation
Car Payments
Medical Expenses
Childcare
Household Costs
Know The Difference

Pre-settlement funding isn't a traditional personal loan.

The underwriting model is tied to the legal claim rather than ordinary consumer lending criteria.

Feature
Traditional Personal Loan
FCA Pre-Settlement Funding
Traditional credit underwriting
Commonly used
Case-focused review
Monthly installment payments
Usually required
Not structured as monthly installments
Primary basis for approval
Borrower credit & income
Underlying legal claim
Connection to settlement
None
Repayment tied to case recovery under agreement terms
Funding Amount

How much legal malpractice claim funding may be available?

There is no single amount for every legal malpractice claim. Available funding depends on the individual case and may be influenced by alleged damages, causation, the underlying matter, potential recovery, existing advances and other case-specific factors.

FCA evaluates each application individually.

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Why FCA

Legal funding reviewed around the malpractice claim.

Case-Based Review

Evaluation focuses primarily on the pending claim instead of traditional consumer credit underwriting.

Attorney Coordination

FCA works with counsel to obtain the information required to evaluate the legal claim.

Individual Claim Review

FCA reviews qualifying represented legal malpractice claims individually and coordinates with current counsel throughout the funding review.

Service Area

Legal malpractice claim funding nationwide, across FCA's service network.

Fund Capital America works with qualifying plaintiffs and law firms across its service network. Availability, terms and applicable requirements can vary by jurisdiction and individual case.

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03
Legal Malpractice FAQ

Frequently asked questions about legal malpractice claim funding.

General funding information only. Legal malpractice standards and filing deadlines vary by jurisdiction. Your current attorney should advise you about the underlying malpractice claim.

Can I get pre-settlement funding for a legal malpractice claim?

Potentially. FCA may review qualifying represented plaintiffs with pending legal malpractice claims. Approval and terms depend on the individual case and jurisdiction.

What is legal malpractice?

Legal malpractice generally refers to a claim alleging that an attorney failed to meet an applicable professional duty and that the failure caused compensable harm. The required elements vary by jurisdiction.

Does losing a case mean my attorney committed malpractice?

No. An unfavorable outcome by itself does not establish legal malpractice. Current counsel must evaluate the applicable professional standard, causation, damages and other required elements.

What types of legal malpractice cases may FCA review?

Potentially qualifying represented matters may involve alleged missed deadlines, case-handling errors, settlement-related issues, conflicts of interest, transactional malpractice or other attorney professional negligence claims.

Why does the underlying case matter in a malpractice claim?

In many legal malpractice cases, causation and damages depend partly on what likely would have happened in the underlying legal matter. The exact legal analysis varies by jurisdiction.

Do I need a different attorney for the malpractice claim?

FCA generally requires current attorney representation for the claim being funded. Whether separate counsel is legally required in a particular situation is a question for an attorney.

Does FCA decide whether my former attorney committed malpractice?

No. FCA does not determine professional negligence, breach of duty, causation or liability. FCA evaluates only the funding request based on information verified with current counsel.

How much funding may be available?

There is no fixed amount. Funding may depend on alleged damages, causation, the underlying matter, available recovery sources, existing advances and other case-specific factors.

Is legal malpractice funding non-recourse?

Qualifying pre-settlement funding is structured as non-recourse legal funding, with repayment tied to the case recovery subject to the specific agreement and applicable law.

Is legal malpractice claim funding available nationwide?

FCA reviews qualifying represented matters across its service network. Legal malpractice standards, filing deadlines and legal funding availability vary by jurisdiction.

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Your case is pending.
Your life isn't.

If you're represented by current counsel and have a qualifying pending legal malpractice claim, see whether you may qualify for non-recourse legal funding from Fund Capital America.

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Funding availability, approval, amounts, costs and terms depend on the individual case and applicable requirements. This page provides general information and is not legal or financial advice. Review all agreements, fees, disclosures and repayment terms before accepting legal funding.