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Guide · Nebraska & Iowa · Lawsuit Loans

Pre-Settlement Funding in Nebraska: Why I Advise My Clients Against It

The short answer: pre-settlement funding is legal in Nebraska and regulated by the Nonrecourse Civil Litigation Act. A company advances you money now and takes a larger amount out of your settlement later. You owe nothing if you recover nothing. But the Act does not cap what the company can charge, and the charges compound every six months for up to three years. I advise my clients against it. The rates are extremely high, and repaying the advance eats into the settlement, sometimes leaving the client with little. There are almost always better ways to get through the months a claim takes, and they are listed below.

If you are hurt, out of work and waiting on an insurance company, the advertisements for “lawsuit loans,” “settlement advances” and “pre-settlement funding” are aimed at you. The pitch is simple: cash in a few days, and nothing to repay if you lose. Both statements are true. What the pitch leaves out is what the money costs if you win, which is the outcome you and I are both working toward. This page explains what Nebraska law requires of these companies, what it does not protect you from, why I advise against it, and what to do instead.

What Is Pre-Settlement Funding?

Nebraska’s statute calls it “nonrecourse civil litigation funding” and defines it as “a transaction in which a civil litigation funding company purchases and a consumer assigns the contingent right to receive an amount of the potential proceeds of the consumer’s legal claim” out of any “settlement, judgment, award, or verdict the consumer may receive” (Neb. Rev. Stat. § 25-3302). In plain terms, you sell the company a piece of your future settlement in exchange for cash today.

What Nebraska Law Requires, and What It Leaves Out

The Nonrecourse Civil Litigation Act, passed in 2010, is a disclosure law. It makes sure you can see the price. It does not limit the price.

What the Act requiresWhat it does not do
The front page must show the amount funded, every one-time fee, and “the total dollar amount to be repaid by the consumer, in six-month intervals for thirty-six months”It sets no maximum rate or fee
The contract must show “the annual percentage rate of return,” including how often it compoundsIt does not stop the balance from growing while your case is pending
You may cancel “within five business days following the consumer’s receipt of funds without penalty” by returning the moneyAfter five business days, there is no right to cancel
The company “may not assess fees for any period exceeding thirty-six months”Until then, fees “shall compound at least semiannually”
The company must state that it “shall have no right to and will not make any decisions” about your case or its settlementIt does not change the arithmetic: the more you owe, the less a given settlement puts in your pocket
The company must register with the Secretary of State and post a bond or letter of creditThe Act’s enforcement is the company’s registration, which can be suspended or revoked; it provides no fine or damages remedy for the consumer
The company may not pay “commissions or referral fees to any attorney” or to “any medical provider, chiropractor, or physical therapist”It does not bar an attorney from owning part of a funding company; it requires the attorney to disclose it

The contract must also carry this warning in bold, immediately above your signature: “Do not sign this contract before you read it completely or if it contains any blank spaces. … Before you sign this contract you should obtain the advice of an attorney.”

What Does It Actually Cost? How the Compounding Works

Because the Act sets no rate, the cost is whatever the contract says. To show how compounding every six months behaves, here is the arithmetic on a $5,000 advance at a rate of 20 percent per six-month period. That rate is a number I chose to illustrate the math. It is not any company’s quoted rate, and a real contract may be higher or lower and may add one-time fees on top.

Time since fundingOwed on a $5,000 advance (illustration)
6 months$6,000
12 months$7,200
18 months$8,640
24 months$10,368
30 months$12,442
36 months$14,930

Nebraska requires the company to put this same kind of table, with its real numbers, on the front page of the contract. If you ever consider one of these agreements, that table is the only part of the sales pitch that matters. Read the 24-month and 36-month lines, not the six-month line.

Why I Advise My Clients Against It

When a client asks me about pre-settlement funding, I advise against it. I understand why people consider it; the bills do not stop because you were hurt. But two problems come up again and again: the rates are extremely high, and repaying the advance eats into the case proceeds, sometimes leaving the client with little. That makes a settlement harder to reach. The other drawbacks follow from the same law, and most of them only show up at the end of the case, when it is too late to undo.

Results that took litigation, not a quick settlement. Past results do not guarantee a similar outcome; every case is different.

$932,000Jury verdict for a surviving shooting victim
$571,332Jury verdict for a pedestrian struck by a piece of farm equipment while walking on a gravel road at night
$275,000Slip and fall in Columbus, Nebraska after a January 2018 snowstorm; resolved July 17, 2023 after lengthy litigation

The last of those took five and a half years from the fall to the resolution. Cases that are worth fighting for are often the ones that take the longest, and those are exactly the cases in which an advance costs the most.

Can My Lawyer Lend Me Money Instead?

No, and the reason is worth knowing. The Nebraska Rules of Professional Conduct provide that “a lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation,” with two exceptions: a lawyer “may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter,” and may pay those costs for an indigent client (Neb. Ct. R. of Prof. Cond. § 3-501.8(e)). The official comment says lawyers may not make or guarantee “loans to their clients for living expenses.” Iowa’s rule is the same.

So a lawyer can carry the cost of the case itself, such as filing fees, records and experts, but cannot pay your rent. If a lawyer steers you toward a particular funding company, ask why. The law prohibits the company from paying the lawyer a referral fee, and it requires the lawyer to tell you in writing “whether the attorney … does or does not have a financial interest in the civil litigation funding company.”

Under financial pressure while your claim is pending? Talk to me before you sign anything. There is usually a better option. Call (402) 378-9208, send me a message, or start a chat. The consultation is free, and there is no fee unless I win.

What to Do Instead: Alternatives to Pre-Settlement Funding

The pressure is real, and “just wait” is not an answer. These are the places to look first.

If You Decide to Do It Anyway

It is your decision, not mine. If you conclude there is no other way, protect yourself with the tools the Act gives you.

Is It Different in Iowa?

Yes: Iowa has less protection, not more. As of October 2026 I have found no Iowa statute regulating these contracts the way Nebraska’s Act does. Bills on the subject were introduced in the Iowa Legislature in 2025 and 2026, and none has been enacted. That means none of the disclosures described above, the five-day cancellation right or the 36-month limit is required by Iowa statute. If your claim is in Iowa, my advice against funding is stronger still.

Statutes and court rules quoted on this page were read at their official sources on October 3, 2026. The repayment table is an arithmetic illustration, not a quotation of any company’s rate. This page is general information, not legal or financial advice about your situation.

Frank Younes, Nebraska and Iowa personal injury lawyer

Your Attorney

Frank Younes

Every page on this site is written by Frank Younes, a Nebraska trial attorney with a published record of verdicts and settlements, selection to the National Trial Lawyers Top 100, and a practice that covers every county in Nebraska and Iowa. No case is handed to an associate — the lawyer you read here is the lawyer who works your case.

Frequently Asked Questions

Is pre-settlement funding legal in Nebraska?

Yes. It is regulated by the Nonrecourse Civil Litigation Act, which requires registration with the Secretary of State and specific written disclosures. The Act does not cap the rate.

Do I have to pay it back if I lose my case?

No. The contract must state that you will not owe anything in excess of your recovery, unless you have violated the agreement.

How much does a lawsuit loan cost in Nebraska?

Whatever the contract says. The law sets no maximum. Fees compound every six months and may be charged for up to 36 months, and the contract must show the total owed at each six-month point.

Can I cancel a funding contract?

Yes, within five business days of receiving the funds, by returning them. After that there is no cancellation right.

Can the funding company decide whether I settle?

No. The contract must state that all decisions about the case and its settlement remain with you and your attorney.

Can my lawyer advance me money for living expenses?

No. The ethics rules allow a lawyer to advance court costs and litigation expenses, not living expenses.

Should I take pre-settlement funding?

I advise my clients against it. The rates are extremely high, and repaying the advance eats into the settlement, sometimes leaving little for you. Look at the alternatives first.

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