Third-Party Financing: The Potential Benefits
Third-party financing allows for greater access to the justice system by providing resources to those parties who otherwise do not have the means to fund their own lawsuit. Additionally, third-party financing can remedy a long-standing power imbalance favoring defendants.
For example, when an individual plaintiff files a claim against a corporate defendant, financial disparities often act as an obstacle preventing the plaintiff from victory. Third-party financing contributes by putting the litigant on a more financially stable foot.
Additionally, risk adverse individuals could decline to pursue positive expected value claims, and a transfer of a claim from risk-adverse to a risk-neutral party should yield an increase in total claims pursued. Some claim holders can also be unaware that they possess a meritorious legal claim, and third-party financing provides the funders with the incentives to locate and provide information to those unaware claim holders.
Topics: third-party financing
Work Cited: Bruno Deffains & Claudine Desrieux, TO LITIGATE OR NOT TO LITIGATE? THE IMPACTS OF THIRD-PARTY FINANCING, International Review of Law and Economics, (August 2015).