Legal Question in Personal Injury in California

Need Cash Advance And my Lawyer Denied Me

my case is in the pre settlement phase. I call a pre settlement loan Corp. Because of my living situation. I have no heating, oven/stove,washer/dryer,over due utilities,always low on food. I also have a 11 month old daughter that i can't take care of because i have no income. The people from the loan place call me and said your lawyer he doesn't do cash advances! And he gets 33% of my settlement. Last but lease my lawyer and i have communication. So question is what can i do to get a cash advancement?


Asked on 9/14/07, 5:36 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Need Cash Advance And my Lawyer Denied Me

While lawyers are not allowed to advance you their own money, there is no reason not to cooperate, if you are certain to receive a settlement.

If there are problems with the case, and it isn't certain how much your damages will be, then the lawyer isn't going to cooperate, if the cash advance company will look to him for reimbursement, should your case lose.

Read more
Answered on 9/30/07, 2:28 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Need Cash Advance And my Lawyer Denied Me

I think from your question that your lawyer will not cooperate with a pre-settlement loan company and this is preventing you from taking a loan against your expectation in the lawsuit. If that is the case, change lawyers. You are not required to stay with your lawyer. If your lawyer is entitled to a lien against the case for the reasonable value of the work he has done, that is worked out between him and your new lawyer, and any fee comes from the contingency fee paid the new lawyer at the time of settlement.

Read more
Answered on 9/29/07, 4:17 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in California