For many California plaintiffs, winning a lawsuit after a long, difficult fight feels like the final step. However, the fight is often not over. Defendants who are ordered to pay significant jury awards frequently use the appeals process to delay payment, challenge the outcome, or pressure the plaintiff into accepting a much lower settlement.
This can be a frustrating and financially devastating period. The legal process in California can be lengthy, and an appeal can add one or two more years to your wait for recovery. When you’re already dealing with medical bills and lost income, this delay can feel unbearable.
This naturally leads to a critical question: Can I still receive legal funding if my case is on appeal?
The Critical Distinction: Who Filed the Appeal?
When we evaluate a case for funding, the most important factor during an appeal is determining which party filed it.
1. The Defendant Appeals a Plaintiff’s Victory (More Common for Funding)
This is the most common scenario for post-judgment funding. You (the plaintiff) won at trial, and the jury or judge awarded you a recovery. The defendant is now appealing, claiming the trial court made a legal error or that the award was excessive.
In this situation, funding is still possible. Your case has already been proven once before a jury. Our underwriting process now focuses on the risks of the appeal. We work closely with your attorney to understand:
- What are the specific grounds for the appeal?
- How strong is the defendant’s argument?
- What is the likelihood the appellate court will uphold the original award?
- What is the risk of the award being reduced or, in a worst-case scenario, overturned?
2. The Plaintiff Appeals a Loss (Less Common for Funding)
This scenario is significantly riskier from a funding perspective. In this case, the plaintiff lost at trial and is now appealing, arguing that a procedural error or a misinterpretation of the law led to the incorrect outcome.
Because the case has already been lost once, the statistical likelihood of winning on appeal is lower. Appeals are not new trials; you cannot present new evidence. You must prove that a specific legal error occurred that was so significant it changed the outcome. Due to this high levelof uncertainty, most funding companies, including Fund Capital America, view these cases as very high-risk and are less likely to provide funding.
Funding as a Strategic Tool During Appeals
Defendants and their insurance companies often use the appeals process as a “war of attrition.” They know that plaintiffs are under immense financial pressure. Their strategy is to drag the case out for as long as possible, hoping you will eventually give up and accept a “lowball” settlement offer just to get something.
This is where legal funding provides a crucial strategic advantage.
Legal funding from Fund Capital America is non-recourse. This is not a traditional loan. If you ultimately lose the appeal and do not recover your award, you owe us nothing.
This non-recourse advance provides you with the financial stability to pay for your living expenses and medical bills while the appeal is pending. It removes the pressure to accept an unfair settlement. By securing your own finances, you allow your attorney the time they need to fight the appeal properly and defend the full value of your original judgment.
How We Evaluate an Appellate Case
When you apply for funding with your case on appeal, our team does a deep dive with your attorney. Their assessment of the appellate case is critical. We analyze their confidence in the strength of the original verdict and their assessment of the appeal’s likely outcome.
While the standards for funding are stricter during the appellate stage, a strong underlying case with a high probability of being upheld can still qualify. Even if you are unsure, the best course of action is to allow a funding team to review the specifics of your case.
Who is Fund Capital America?
Since 2006, Fund Capital America (FCA) has provided pre-settlement funding to plaintiffs in personal injury and accident cases. FCA has served thousands of law firms and tens of thousands of clients, and it supports law firms and medical providers with case services from the start of a case to the final settlement.
Fund Capital America’s Services
Along with pre-settlement funding, FCA helps injury victims, law firms and medical providers with:
- Legal Funding
- Policy Limits Search
- Investigations
- Language Services
- Law Firm Services
- Medical Legal Funding
- Medical Records Retrieval
- FCA MedConnect
Apply in About 5 Minutes
Fill out the application: it takes about 5 minutes to share the details of your case.
Get prequalified: our team reviews your application and gets back to you quickly, often within hours.
Questions? Call us at (855) 870-2274. ¡Hablamos Español!
Don’t let financial stress keep you from focusing on your recovery. Apply now for a lawsuit cash advance.
