The Three-Question Framework
- Is liability clear? Who caused this, and how solid is the proof?
- Are damages substantial and documented? What is the realistic value range?
- Is there money on the other side? Insurance limits, defendant assets, indemnifiers.
Strong answers to all three mean fast approval and competitive terms. Weakness on any one is something underwriters can usually price around; weakness on all three usually means a decline.
Liability Evidence They Want
- Police or incident reports.
- Photos, videos, dashcam footage.
- Witness statements.
- Admissions in defense correspondence.
- Regulatory findings (OSHA, FMCSA, etc.).
Damages Evidence They Want
- Complete medical records and bills to date.
- Future-care recommendations from treating providers.
- Lost-wage documentation.
- Photos of injuries and treatment.
- Permanent-impairment ratings if available.
Coverage Verification
- Declarations pages for all applicable policies.
- UM/UIM coverage from your own carrier.
- Excess and umbrella policies.
- Asset information for uninsured defendants where relevant.
Red Flags
- Gaps in medical treatment.
- Pre-existing injuries to the same body part without clear aggravation evidence.
- Inconsistencies between the incident report and the demand letter.
- Recently changed attorneys without clear reason.
None of these are automatic disqualifiers — but they shape pricing and amount.
Sources & Further Reading
For broader context, see American Bar Association — research on litigation funding underwriting. This article is general educational information and does not constitute legal or financial advice.
Frequently Asked Questions
Once documents are in hand, 24–72 hours is typical. Complex cases (mass torts, multi-defendant trucking) may take longer.
Yes. Provide additional documentation, an updated demand package, or wait for treatment to mature, then reapply.