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  • Writer's pictureKirk Hartley

Litigation Loans – One More Part of the Story from the Series by the NYT and Citizens for Publ

This past Sunday’s NYT brought this latest article in a series on litigation funding. The story, in short, covers the the high price of some forms of litigation funding, and provides some information about states regulating the process.

One hopes that future articles will touch on related subjects not mentioned in the article. For example, whether the price will come down as more companies join the market ? Why are plaintiffs sometimes so desperate for money that they take out expensive loans (e.g how long has their case dragged on; why are insurers not paying for medical treatment or paying claims) ? Should lawyers be allowed to make loans ? If not, why not?

In short, reality is that injuries and ill health drive much of the tort litigation industry, and the litigation system has built in delays that can readily leave a person in desperate financial and physical straits, for years. Non-recourse loans are expensive , but are one means people use to cope with the situation. Are there better ideas out there for addressing the situation ? Are they workable? Funded? Available right now ?

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