Were you involved in a car accident where you might share some of the blame? This situation leaves many plaintiffs feeling stuck when bills pile up and insurance companies start pointing fingers. The good news is that, because New York follows a pure comparative negligence system, you may still qualify for pre-settlement lawsuit funding if you were partially at fault.
Apex Legal Funding, LLC, is one of the lawsuit funding companies in New York and explains what factors may affect your application.
What Is Lawsuit Funding?
According to the 2013 New York Survey of Occupational Injuries and Illnesses, 208,200 private industry workers in New York were injured or became ill due to work-related incidents during that reporting year. Just over a decade later, the U.S. Bureau of Labor Statistics reported 122,400 injury and illness cases for 2024. While the number of injury and illness cases appears to have diminished somewhat, one trend that has continued on an upward trajectory is presettlement funding.
Lawsuit funding is a type of financial advance. The company provides this payout to plaintiffs while their personal injury case is still active so that they can cover everyday expenses such as rent, utilities, medical bills, and groceries.
Many plaintiffs turn to this option because lawsuits and insurance settlement negotiations can take months or even years to resolve. Without a financial bridge, you might feel pressured to accept a lower settlement just to pay the bills.
How Comparative Negligence Affects Lawsuit Financing
Can people still qualify for lawsuit funding if partially at fault for their accidents? When deciding whether to extend an advance, the funding company reviews your case details and speaks with your attorney to determine the projected value of your claim.
In New York, the funding company will also consider that the state follows a legal doctrine called pure comparative negligence. This rule affects how fault is assigned after a car accident and means you can still recover damages if you were partly responsible.
Pure comparative negligence reduces any compensation by your percentage of fault. For example, if a New York jury finds you 30% at fault for the accident and awards $100,000 in damages, you might receive a maximum of $70,000.
Lawsuit Funding Eligibility With a Shared Fault Accident
According to an SNS Insider report covered by Yahoo Finance, the litigation funding investment market was valued at $19.0 billion in 2024 and is projected to reach $53.6 billion by 2032. While this industry is growing, funding companies still look closely at the legal rules when reviewing your application. Your assigned percentage of fault directly affects how much your case may be worth and, in turn, how much funding you might qualify for.
The main concern is whether your case has a reasonable chance of producing a settlement or verdict in your favor. Some other items funding companies may look at when reviewing accident compensation funding in contributory negligence or comparative fault cases include:
- Strength of liability evidence: Police reports, witness statements, and photos help establish what happened
- Severity of your injuries: Medical records and treatment history show the impact of the accident on your life
- Your attorney’s involvement: An active personal injury attorney should be representing you on a contingency basis.
- Projected case value: The advance is based on the estimated settlement or verdict amount after factoring in shared fault.
A handful of states still follow contributory negligence rules, under which any fault at all can bar recovery entirely. However, New York’s system makes it simpler for partially at-fault plaintiffs to apply for presettlement funding for a personal injury case.
Presettlement Funding for Partially At-Fault Plaintiffs
According to the U.S. Government Accountability Office, consumer litigation funding typically amounts to less than $10,000. However, the amount is usually based on the projected net settlement value. Funding companies typically advance a portion of what they expect you would receive after attorney fees, liens, and the comparative fault reduction.
You submit an application, the funding company contacts your attorney for case details, and a decision is made within a few business days. Legal funding options after partial fault injury claims often come with fees that grow over time, so read your agreement carefully.
What To Expect From Lawsuit Funding Companies in New York
When you apply for lawsuit funding in New York, the process usually runs through your attorney. Funding companies do not typically require credit checks, employment verification, or upfront payments. Some things you can typically expect include:
- Quick application review
- No out-of-pocket costs
- Direct communication with your attorney
- Non-recourse repayment
Working with a funding company familiar with New York’s pure comparative negligence rule can make the process smoother.
Contact Apex Legal Funding, LLC, To Learn More About Presettlement Funding for Your Case
Lawsuit funding if you are partially at fault for your car accident is possible in New York. The company reviews each application and considers the advantages of presettlement lawsuit funding for plaintiffs facing financial pressure.
If you are exploring lawsuit funding even though you are partially at fault, consider contacting Apex Legal Funding, LLC, at 1-800-377-4934 to discuss your situation. We work directly with your attorney to keep the process transparent.
Frequently Asked Questions
Below are common questions about lawsuit funding after a partial fault accident.
Can You Still Apply for Funding if the Other Driver Blames You for the Crash?
Yes, you can still apply for funding even if the other driver blames you for the crash. Funding decisions in New York are based on the projected value of your case, even if your potential award is decreased by the percentage you are at fault.
How Long Does the Funding Approval Process Take?
The funding approval process typically takes between 24 and 72 hours after the funding company receives the required documents from your attorney.
Is Lawsuit Funding if You Are Partially At Fault Available in Every State?
The option to apply for lawsuit funding if you are partially at fault is available in many states, including New York. The eligibility rules vary based on each state’s negligence laws and the funding company’s policies.