Updated on 3/26/2024
This article helps plaintiffs and attorneys alike learn more about lawsuit loans and alternatives in Delaware. Below you will find the following information:
Lawsuit loan companies serving Delaware
Below you will find a list of companies that provide funding in Delaware. We highlight lawsuit loan companies we recommend, as well as local and regional funding companies where applicable.
Recommended lawsuit loan companies funding Delaware residents
We recommend the following companies for plaintiffs residing in Delaware.
Our pick for low rate lawsuit loans
USClaims offers some of the lowest, non-compounding rates in the industry. Many companies claim to offer “the lowest rates in the industry” – we recommend comparing them against an offer from USClaims to see for yourself.
Our pick for fast lawsuit settlement loans
Thrivest Link Legal Funding offers reasonable funding terms often with simple, non-compounding rates. Their expert underwriting allows them to fund larger sums than many of their competitors. They frequently approve claims for funding within 24 hours.
See our full list of recommended companies here.
Lawsuit funding laws, regulation, and relevant ethics opinions in Delaware
Delaware does not have any state law regarding lawsuit loans specifically. Common law in Delaware supports legal funding in the state so long as a funding company does not interfere with the case. The Delaware State Bar Association issued an ethics opinion indicating that attorneys may comply with lawsuit lending contracts on behalf of their clients. Most lawsuit lending companies provide funding in Delaware.
Legal funding case law in Delaware
Delaware common law defines champerty as “an agreement between the owner of a claim and a volunteer that the latter may take the claim and collect it, dividing the proceeds with the owner, if they prevail; the champertor to carry on the suit at his own expense.” In Charge Injection Techs., Inc. v. E.I. Dupont De Nemours & Co the court denied two motions by Dupont relating to a lawsuit lending agreement between Charge Injection Techs (CIT) and Burford Capital. The first was a motion to compel CIT to disclose certain redacted parts of the agreement. The court ruled that these were privileged under attorney work product protections. The second was a motion to dismiss the case on the grounds of violations of champerty and maintenance doctrines. The court ruled that the contracts did not violate champerty and maintenance doctrines because Burford did not have or assert control over the litigation.
Source: Charge Injection Techs., Inc. v. E.I. Dupont De Nemours & Co
Can a lawyer lend money to a client in Delaware?
Lawyers cannot offer or guarantee financial assistance to clients in Delaware. They can, however, assist clients with covering litigation expenses. The attorney can either cover the costs of litigation completely (if the client is found to be impoverished) or advance these costs until the end of the case.
Source: The Delaware Lawyers Rules of Professional Conduct: Rule 1.8(e)
Can attorneys help clients receive lawsuit loans in Delaware?
As long as an attorney advises the client of the potential risks of legal funding, the attorney can assist the client in getting funds.
Source: Delaware State Bar Association Committee On Professional Ethics Opinion 2006-2
Lawsuit loan alternatives in Delaware
Lawsuit loans are expensive. Plaintiffs in Delaware should exhaust all other options before seeking legal funding. Check out the local resources below for some ideas:
- Delaware 211 – a good place to get more information on anything from medical assistance to legal help. Call or check out the website to learn more information on a host of available programs in your area.
- Delaware Rental Payment Assistance – provides housing vouchers to low-income families. Participants need to enroll in the Moving to Work program to be eligible.
- Utilities Payment Assistance – gives out grants to help pay for utility and fuel bills to keep your home heated. Separate programs are available to assist with summer energy bills for cooling purposes. Your income must be 200% or less of the federal poverty level to qualify.
- Food Banks – get information on nearby food bank hours and locations. A variety of programs offer both food pick-up as well as delivery to some areas. No qualifying criteria, but you may have to prove residency.