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Medical negligence claims

Funding on a medical malpractice claim

The slowest, most expensive, most heavily defended category of personal injury claim in California.

Request funding 310-303-1858
Non-recourseIf you don't recover, you owe us nothing.
No monthly paymentsWe're repaid once, out of the settlement.
Case, not creditApproval turns on your claim, not your score.

Medical malpractice is the hardest kind of injury claim to bring in California and the slowest to resolve. These cases require expert testimony to establish the standard of care, they face well-funded institutional defendants, and California applies a statutory cap to one category of damages.

For a plaintiff already dealing with the consequences of a medical injury, that combination makes the waiting period unusually long.

Medical negligence claims

What's different about a malpractice claim

Four features that shape both the case and the timeline.

Experts are required, on both sidesEstablishing that a provider fell below the standard of care generally requires qualified medical experts. Retaining them costs money and takes time, and the defense retains their own.
A pre-suit notice requirementCode of Civil Procedure section 364 requires that a health care provider be given at least 90 days' notice of the intention to file before the lawsuit is brought.
A cap on non-economic damagesCalifornia Civil Code section 3333.2 caps non-economic damages such as pain and suffering. Under AB 35 the cap rises annually: for 2026 it is $470,000 in non-death cases and $650,000 in wrongful death cases, increasing on a published schedule through 2033.
Economic damages are not cappedMedical expenses, future care costs and lost earning capacity fall outside the cap. In serious cases those are often the larger part of the claim.

What the cap means for funding

Because non-economic damages are capped and economic damages are not, the shape of a malpractice recovery depends heavily on documented future care and lost earnings. Those take time to establish and usually require experts.

Case costs in these claims are substantial, and they come out of the recovery alongside liens and fees. That reduces what is available to a plaintiff and therefore what can responsibly be advanced.

None of this means funding isn't possible. It means the analysis depends more on documentation than in most other claim types, and the review can take longer.

Damages caps, deadlines and notice requirements described here are general information, not legal advice, and figures change on a statutory schedule. Confirm anything that affects your case with your attorney.

Why this isn't a loan

A loan is money you have to pay back. This isn't that. We buy a portion of whatever your case eventually pays, and our right to be repaid exists only if there are proceeds.

It also means we can't touch your credit, your paycheck, your car or your home if the case doesn't go your way.

Questions

Common questions.

Does the damages cap mean my case isn't worth much?

Not necessarily. The cap applies to non-economic damages only. Medical costs, future care and lost earnings are not capped, and in serious cases they are often the larger component.

My case is still pre-litigation. Can I apply?

You can apply, though an earlier-stage claim with less documentation is harder to evaluate.

Does this cover birth injury and nursing home cases?

Those generally fall within the same category. Tell us the circumstances.

Is approval guaranteed?

No. Malpractice claims are reviewed carefully and may be declined.

Part of our California funding coverage — see pre-settlement funding in California, or read How much can I get? and Do I need an attorney? in the legal funding guide.

Request funding

Tell us about your case.

No cost, no obligation, and no effect on your credit. We'll come back to you within one business day.

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We'll call you at the number you gave us within one business day. If you need to reach us sooner, call (310) 303-1858.