The Plaintiff Fund and Pre-Settlement Funding: How They Fit Together

At HMR, we are always looking for approaches that help attorneys support their clients more effectively. While at Trial Lawyers Summit we were introduced to a new plaintiff charity option, the Plaintiff Fund, by its founder, Jeremy Babener, tax lawyer at Structured Legal.

Developed to address a specific gap in support, the Plaintiff Fund focuses on helping injured individuals raise funds to cover medical expenses while their cases are ongoing. That focus is important. Many plaintiffs face immediate medical needs long before their case resolves, and traditional options for covering those costs can create unintended consequences.

After learning more about the Plaintiff Fund and the problem it addresses, we chose to become a sponsor and contribute to its work.

Understanding where the Plaintiff Fund fits – and where additional support may still be needed – can help attorneys guide clients more carefully throughout the life of a case.

What the Plaintiff Fund Does

The Plaintiff Fund is designed to help plaintiffs cover medical expenses before and after a case while maintaining eligibility for public benefits, something traditional crowdfunding platforms don’t consider.

Through its partnership with charity Help Hope Live, the Plaintiff Fund provides a $5,000 starter grant to each qualified plaintiff and an additional $5,000 to match donations raised. Throughout the process plaintiffs work with a dedicated advisor to build a campaign, develop outreach, and raise funds from their community in a more coordinated and effective way.

In addition to fundraising support, the Fund connects plaintiffs with a coordinator who helps identify medical vendors and service providers across the country. For someone navigating a serious injury, knowing where to find the right equipment or care can be just as important as covering the cost.

One great example is Cindy Rodriguez, a plaintiff who lost both legs when she was hit by a freight train. Like many plaintiffs, she faces significant medical needs. The Plaintiff Fund provided a way to begin addressing those costs without putting her benefits at risk. Through the Fund she is working to raise $100,000 for an expensive, but life-changing osseointegration surgery. Donations can be made here.

Taken together, these services allow attorneys to help clients begin addressing medical needs early, without creating complications that may affect long-term recovery.

To understand why that matters, it helps to take a closer look at the problem the Plaintiff Fund was created to solve.

Why the Plaintiff Fund Was Created

The Plaintiff Fund developed out of a problem that many plaintiff lawyers have seen firsthand.

Plaintiffs facing serious injuries often need immediate financial support. Many turn to general crowdfunding like GoFundMe, which can create unintended consequences for those relying on benefits like Medicaid. Because eligibility is tied to strict income and asset limits, even modest fundraising can result in a loss of coverage that exceeds the value of the funds raised.

Jeremy Babener, a tax lawyer who advises plaintiffs and plaintiff firms on settlement language and arrangements, encountered this issue repeatedly. In cases involving significant medical expenses and government benefits, he and other advisors saw how easily well-intentioned fundraising could create complications. It became clear that a more careful and compliant approach to fundraising was needed.

The Plaintiff Fund was created to meet that need, allowing individuals to access support for medical care without putting critical benefits at risk.

While the Plaintiff Fund addresses that specific problem, it does not resolve every financial challenge a plaintiff may face during litigation.

Where HMR Fits In

The Plaintiff Fund serves a specific purpose: helping plaintiffs raise money to cover medical expenses.

However, plaintiffs often face broader financial pressures during litigation. Living expenses, housing costs, and other day-to-day needs can become just as urgent as medical bills, particularly in longer or more complex cases. And, if they are unable to raise enough for medical bills, there’s more financial need there too.

This is where additional tools may be necessary.

At HMR, we work with plaintiff firms through a variety of funding options designed to help clients with their unmet needs. We provide medical funding for medical needs beyond what can be raised through Plaintiff Fund and we provide pre-settlement funding that can help clients manage those broader financial pressures while a case is ongoing. This type of funding is designed to give plaintiffs access to a portion of any potential award allowing them to focus on recovery rather than short-term financial strain.

While the Plaintiff Fund focuses on medical expenses in a benefits-conscious way, HMR can help bridge gaps when additional resources are required.

These approaches are not interchangeable. They serve different functions within the same case.

When used together thoughtfully, they allow attorneys to support clients more completely:

• The Plaintiff Fund helps protect access to care without compromising benefits
• HMR helps address financial pressures that fall outside that scope

Understanding that distinction is important. Each tool has a defined role, and using the right one at the right time can make a meaningful difference for the client.

A More Complete Approach to Plaintiff Support

As litigation timelines extend, the financial pressures facing plaintiffs rarely fall into a single category. Medical expenses, living costs, and other day-to-day needs often arise at the same time, and no single solution addresses all of them. As a result, attorneys are increasingly relying on multiple tools to support clients throughout a case.

The Plaintiff Fund addresses medical expenses in a way that preserves public benefits. Our medical funding solutions help when medical needs are more than what is raised. Pre-settlement funding can help cover broader financial needs while the case is ongoing. Used together, these tools allow attorneys to support clients more fully, without forcing one solution to do more than it was designed to do.

If you are evaluating how to support a client facing both medical and financial pressure during litigation, we are available to talk through how these tools may apply.

To explore whether the Plaintiff Fund may be a fit for a client, visit PlaintiffFund.org.