Legal Funding Australia

FAQs

Frequently Asked Questions

“An injury not to property, but to the body, mind or emotions” Cornell Law School

If you have suffered a physical or psychological illness or injury as a result of an accident or negligence, you may be entitled to make a Personal Injury Claim. Illnesses and Injuries can range from a mild injury to a long-term disability. Personal Injury can cause long-term pain, debilitation, and inconvenience.

Personal Injury does not discriminate. Your injuries may stop you from working, impacting your ability to earn an income. Whether you have to take a relatively small amount of time off work (if employed) or lose work/customers (if self-employed), this can affect your income. Unfortunately, bills, mortgage and rent still need to be paid, and food bought. These living expenses still remain the same, even if there is a decrease in your income due to your Personal Injury.

There is also the additional worry of extra medical costs caused by your injury. Your injury may have left you with a disability that requires 24-hour specialist care, which is expensive and psychologically distressing.

The effect of a Personal Injury can never be underestimated.

A few examples of a Personal Injury claim are as follows:

  • Motor Vehicle Accident
  • Medical Negligence
  • Workers Compensation
  • Injuries Suffered by Victims of Crime
  • Birth Injuries
  • Total and Permanent Disablement (TPD)
  • Institutional Abuse Claims
When a person prepares a Will, they have the right to decide how their assets will be distributed after their passing. However, Australian Law also provides protections for eligible individuals who have been left with little or nothing in a Will. If you have been excluded from a Will, or feel that you haven’t been adequately provided for, you may have the right to contest or challenge it. Generally, you may be eligible to contest a Will if you belong to one of the following groups:
  • Spouses, including de facto partners (both current and former spouses, provided they were eligible to initiate family law proceedings or had unresolved legal matters with the deceased)
  • Children, including grandchildren and stepchildren
  • Dependents, meaning individuals, financially reliant on the deceased (eligibility varies State by State).
Contesting a Will typically involves disputing its contents, while challenging a Will questions its overall validity. You may be able to challenge the validity of a Will if:
  • you believe the deceased lacked the mental capacity to make a valid Will; or
  • the deceased was subjected to undue influence when creating the Will.

Legal Funding Australia can assist Claimants and Law Firms by funding critical medical reports, expert reports, Court filing fees, forensic accounting, property evaluations, and other legal expenses.

This ensures Claimants are not out of pocket, and Law Firms are not acting as a banker for the client. This allows Practices to continue acting on a ‘no-win-no-fee’ basis.

Your Law Firm will help determine the amount you require.

All costs external to the Practice, associated with Personal Injury claims, Institutional Abuse claims and Wills and Estates Dispute claims.

No repayments are required until a case is settled, at which time the Law Firm will repay Legal Funding Australia from the Claimant’s settlement proceeds.

If a case fails, the Claimant is not required to pay back the loan (except in cases of fraud) as the Law Firm has agreed to guarantee the Credit Contract.

Once all documents have been received and approved by Legal Funding Australia, funds will be transferred to the Trust Account of the Law Firm acting for you, or directly to the service provider (depending on which Disbursement Funding Product your Law Firm is using).

Once settlement has been achieved, your solicitor will contact Legal Funding Australia for a payout figure which will be provided within 24 hours.

Funds are repaid from the settlement proceeds. There are no requirements to make repayments during the life of the claim.