Birth Injury Lawsuit Loans
What Are Birth Injury Lawsuit Loans?
Birth injury lawsuit loans are non-recourse cash advances for families with an active birth injury or medical negligence claim. Repayment is required only if the case results in a settlement or verdict, and it comes out of those proceeds. The money helps parents keep up with medical care and everyday bills while the case works through the courts, which often takes years. During that time the cost of caring for an injured child only grows.
Despite the name, it is not a loan in the way a bank means it. A traditional loan is repaid no matter what, with monthly payments and interest. This is non-recourse legal funding: the funder takes on all the risk, so if the case does not win, you owe nothing. Here is the practical difference:
| Feature | Pre-Settlement Funding | Traditional Loan |
|---|---|---|
| Credit check required | No | Yes |
| Monthly payments | None | Required |
| Repayment if you lose | $0 | Full balance still owed |
| Based on | Case strength | Credit and income |
| Risk to personal assets | None | Yes |
A birth injury claim is a type of medical negligence case, so it works much like the medical malpractice lawsuit loans we provide, with underwriting tuned to the specifics of birth injury litigation.
What Makes a Birth Injury Case Different
A birth injury claim is a form of medical malpractice, but it does not behave like an ordinary one. The stakes are a child’s lifetime, the medicine is complex, and the timeline is long. Three things set these cases apart, and each one is a reason funding helps.
The Clock Can Pause for Your Child
Many states pause, or toll, the filing deadline for a minor, so a claim brought on a child’s behalf can sometimes be filed years after the birth. The catch is that a parent’s own claim, and any claim against a public hospital, often carry much shorter deadlines. Never assume there is time. Ask your attorney now.
It Hinges on Causation
The hardest fight is proving the harm came from negligence, not from a congenital condition or a difficult birth. That means fetal heart-monitoring strips, hospital records, and specialists in obstetrics, neonatology, and pediatric neurology, all of whom take time to line up.
The Damages Span a Lifetime
Conditions like cerebral palsy or HIE can require therapy, surgeries, equipment, and special education for life. A life-care planner has to project decades of cost, which is part of why birth injury cases are among the highest in value and the slowest to resolve.
Those years are the problem. While the case is built and fought, the bills for therapy, equipment, and round-the-clock care arrive now, and often one parent has to leave work to provide that care. Pre-settlement funding takes the financial pressure off so your attorney can hold out for the full lifetime value your child needs, instead of settling early just to pay the bills. When a hospital or provider was clearly at fault, our medical malpractice funding covers the wider category of claims.
Types of Birth Injury Cases We Fund
We fund nearly all birth injury claims, whether the injury affected the baby, the mother, or both. These are the cases we see most often.
Cerebral Palsy
Often linked to oxygen deprivation or a mismanaged delivery, cerebral palsy affects movement, muscle control, and development. These are among the highest-value and longest birth injury cases.
HIE and Oxygen Deprivation
Hypoxic-ischemic encephalopathy is brain injury from a loss of oxygen or blood flow around birth, sometimes from a delayed C-section or undetected fetal distress.
Erb’s Palsy and Brachial Plexus
Nerve damage to the arm and shoulder, frequently caused by shoulder dystocia and excessive pulling during delivery. Some children recover; others face lasting weakness.
Brain and Skull Trauma
Improper use of forceps or a vacuum extractor, or untreated complications during labor, can cause brain bleeds, skull fractures, and lasting head injuries.
Maternal Birth Injuries
Mothers are harmed too, through untreated preeclampsia, postpartum hemorrhage, retained placenta, or severe preventable tearing. These claims are fundable as well.
Stillbirth and Infant Loss
When negligence leads to the loss of a baby, families may have a wrongful death claim. We fund these cases with care and discretion.
We also fund claims involving untreated jaundice and kernicterus, infections passed during delivery, and medication errors in the NICU. If your situation is not listed, you may still qualify, so apply and we will review it.
Who Qualifies for Birth Injury Funding?
- An active birth injury or medical malpractice claim, or one you are preparing to file on your child’s behalf
- An attorney representing your family on a contingency-fee basis
- A case with real settlement potential against a solvent hospital, provider, or insurer
That is the whole list. You do not need good credit, proof of income, a co-signer, or money for an application fee. Bad credit, no credit, or a past bankruptcy do not affect approval, because we fund based on the strength of the case, not your financial history.
How Birth Injury Settlement Loans Work
Getting funded is simple and fast. Our pre-settlement funding process is built to help families quickly, without adding stress to an already hard time.
- Apply online or by phone. Fill out our short application with basic case information, or call (888) 335-3537 to apply over the phone. It takes a few minutes.
- We review the case with your attorney. Your attorney provides the case details and documentation, and we evaluate the strength of the claim and its likely settlement value. This usually takes 24 to 48 hours.
- Get approved quickly. Most applicants are approved within one to two business days. No credit check, no employment verification.
- Receive your funds. Once approved, money is sent directly to you, usually within 24 to 48 hours. Use it immediately for any expense.
- Repay only if you win. If the case settles or wins at trial, repayment comes from the proceeds. If you lose, you owe nothing. The risk is entirely ours.
Why Choose America Lawsuit Loans?
We have funded injury plaintiffs across the country since 2018, and we understand what families carry while a birth injury case drags on. What you get from us:
- True non-recourse funding. You repay only if you win. Lose, and you walk away owing nothing.
- No credit score required. Approval is based on case strength, not your financial background.
- Fast approvals and funding. Most applications are reviewed within 24 hours, with funds in one to two business days.
- A confidential process. Your family’s details stay private. We work directly with your attorney.
- No restrictions on the money. Use it for medical care, therapy, equipment, rent, or any expense you have.
Most families put the funds toward NICU and hospital bills, physical, occupational, and speech therapy, assistive equipment and home modifications, special education, and the lost income when a parent steps back from work to care for their child. A birth injury case can take years to resolve, and your family’s life should not be on hold while you wait for justice.
Birth Injury Lawsuit Loan FAQs
Are birth injury lawsuit loans real loans?
No. These are non-recourse advances, not traditional loans. You owe nothing if the case loses, and repayment only happens if you win or settle. There are no monthly payments and no interest-bearing balance. Learn more in our settlement funding FAQs.
Who applies for the funding, the parent or the child?
The parent or legal guardian who is bringing the claim applies, since a child cannot enter a funding agreement. We work with you and your attorney to set it up against the case filed on your child’s behalf.
Do we need good credit to qualify?
No. There are no credit checks. We do not review credit scores, employment history, or income. Approval is based entirely on the strength of the case.
How fast can we get money?
Many families receive funds within 24 to 48 hours after approval. The timeline mostly depends on how quickly your attorney provides the case information we need.
How much can we get, and how long do birth injury cases take?
Amounts vary by case value and stage, usually kept at or below 10% to 20% of your expected net settlement. Because birth injury cases often run three to five years or more, many families take a smaller advance now and request more later, which keeps total fees lower. High-value cases such as cerebral palsy can support larger advances.
What if we lose the case?
You repay nothing. The funder absorbs the entire loss. That is what makes this non-recourse: the financial risk is entirely ours, not yours.
My child was born years ago. Is it too late?
Maybe not. Many states pause the filing deadline for a minor, so a claim on a child’s behalf can sometimes be filed years later. But a parent’s own claim, and claims against public hospitals, often have much shorter deadlines, so do not wait. Ask your attorney about your state right away.
What can we use the money for?
Anything you need. There are no restrictions. Most families use it for medical and therapy bills, equipment, rent or mortgage, utilities, groceries, and the lost income when a parent leaves work to care for their child.
