Litigation Funding 2026: The Complete Guide for Claimants

You have a valid legal claim. But your lawyer costs €15,000. Court fees may cost just as much. And the outcome? Uncertain.

For many people, this is exactly where a lawsuit ends before it even begins. Not because the case is weak, but because the financial risk is simply too high. That is precisely why litigation funding exists. Someone else covers the costs. You take on no financial risk. If you win, the proceeds are shared.

In 2026, this market will be larger than ever before. It is worth around $17 billion worldwide. Demand is growing rapidly in Germany, driven by new legislation and an increasing willingness to pursue legal claims. Yet most claimants still do not fully understand how litigation funding works.

This guide changes that.

1. Key Takeaways

• Litigation funding covers all legal costs, including lawyers, court fees, and expert witnesses.
• If the case succeeds, the funder receives 20% to 30% of the recovered amount.
• Suitable for claims starting at approximately €100,000 in dispute value.
• Exceptions apply for mass claims, which may qualify from around €10,000.
• Common providers include FORIS, LEGIAL, Omni Bridgeway, and AEQUIFIN.

2. What Is Litigation Funding and Why Is the Market Growing So Fast?

Litigation funding is a simple concept. An external funder covers all costs associated with your legal case.

This includes attorney fees, court costs, expert reports, and any other litigation expenses.

In return, the funder receives a percentage of the proceeds if the case is successful. A share of 20% to 30% is common.

If you lose, the funder absorbs the loss. You pay nothing.

Why Is Litigation Funding Booming in 2026?

• More lawsuits are being filed

Consumer protection claims, online casino refund cases, and antitrust disputes are increasing significantly.

• • • Collective actions are becoming easier

• Germany’s new Consumer Rights Enforcement Act (VDuG) has created structured pathways for collective and mass claims.
  • • • • Private investors are entering the market

Platforms such as AEQUIFIN have made litigation funding more accessible, transparent, and digital for both claimants and investors.

• • • • • The market is growing globally

According to Research Nester, the litigation funding market reached approximately $14.6 billion in 2024. Forecasts suggest it will reach around $17 billion in 2026 and could exceed $50 billion by 2036.

3. When Does Litigation Funding Actually Make Sense?

Not every legal case qualifies for funding.

Funders think like investors. They only finance cases where the probability of success is strong and the potential recovery significantly exceeds the expected costs.

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In just 5 minutes: Become a sponsor – Your entry into attractive litigation financing opportunities

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Register as a sponsor

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Select a case

3

Set the bid amount and quota

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Provide PayPal or credit card details

5

Participate in the litigation proceeds

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Cases Commonly Funded

• • • • • Medical malpractice: Cases involving treatment errors with clearly documented damages.
        • Construction disputes: Large construction projects with clear liability issues.
        • Antitrust litigation: Claims arising from cartel violations, such as truck cartel cases.
        • Online casino claims: Recovery of losses from illegal online gambling operators.
        • Commercial disputes: Contract breaches, M&A disputes, and intellectual property cases.
        • Investor protection claims: Misrepresentation or financial misconduct by banks and financial advisors.
        • Insolvency-related claims: Avoidance actions and director liability claims.

Cases That Are Usually Unsuitable

• • • • • Claims below €100,000 in dispute value, except certain mass claims.
        • Weak evidence or unclear liability.
        • Defendants who are insolvent or impossible to locate.
        • Family law disputes and maintenance claims.
        • Criminal cases where no civil recovery is possible.

Tip: Use the AEQUIFIN Litigation Cost Calculator to assess within seconds whether your case may qualify for funding. Free, anonymous, and without obligation.

4. What Are the Requirements for Litigation Funding?

Funders evaluate each case using specific criteria.

This is not bureaucracy. It is risk management.

✔ Minimum Claim Value. Typically at least €100,000 for individual claims. For mass litigation, such as online casino claims, thresholds may be as low as €10,000.

✔ Strong Chances of Success. Funders generally look for success probabilities of at least 60% to 70%. The legal and financial assessment is usually conducted at the funder’s expense.

✔ Solvent Defendant. A favorable judgment has little value if the opposing party cannot pay.

✔ Strong Legal Basis. Your claim must be supported by contracts, expert reports, documents, or other evidence.

✔ Legal Representation. Recommended, but not always mandatory. At AEQUIFIN, claimants can submit requests directly without first hiring a lawyer.

✔ Expected Duration. Most funded cases take between 12 and 36 months, depending on complexity and court level.

5. How Does Litigation Funding Work? Five Simple Steps

Step 1: Submit Your Case

Provide details about your claim, evidence, dispute value, and previous correspondence.

Platforms like AEQUIFIN allow the entire process to be completed online.

Step 2: Case Evaluation

The funder reviews:

• • • • • Chances of success
        • Defendant solvency
        • Cost versus recovery potential

Simple cases may be assessed within days, while complex matters can take several weeks.

Step 3: Funding Agreement

If approved, you receive a contract outlining:

• • • • • The funder’s success fee
        • Covered costs
        • Termination rights
        • Other key terms

Review the agreement carefully.

Step 4: The Legal Proceedings Begin

The funder covers all litigation expenses from this point onward.

This includes legal fees, court costs, and expert witness expenses.

You remain informed but are relieved of the financial burden.

Step 5: Resolution and Distribution

If you win or reach a settlement, the proceeds are divided according to the agreed percentage.

If you lose, the funder absorbs all costs, including the opposing party’s legal fees.

You leave the case debt free.

6. How Much Does Litigation Funding Cost?

The short answer:

Nothing if you lose.

Here are the success fees explained.

Most litigation funders charge between 20% and 30% of the recovered amount. At first glance, that may seem expensive. However, consider the alternative:

• • • • • You may never have pursued the claim without funding.
        • You assume no financial risk.
        • Even after the funder’s share, you often retain a substantial recovery.

Example: You recover €500,000. The funder receives 25%, or €125,000. You receive €375,000. Without litigation funding, your recovery may have been zero because the case was never filed.

What Happens If I Lose?

Nothing.

This is the core principle of litigation funding. The funder pays all costs, including the opposing party’s attorney fees where applicable. You owe nothing.

Are There Hidden Fees?

Not with reputable providers. Applications are free. Case reviews are free. There are no registration fees, upfront payments, or monthly charges. Be cautious if a provider asks for evaluation fees before accepting your case. Legitimate litigation funders earn money only when a case succeeds.

7. Which Litigation Funding Providers Operate in Germany in 2026?

FORIS AG

• • • • • Focus: Civil litigation, construction disputes, medical malpractice
        • Minimum claim value: €100,000
        • One of Germany’s pioneers in litigation funding since 1996.

LEGIAL AG

• • • • • Focus: Civil litigation, construction disputes, medical malpractice
        • Minimum claim value: €50,000
        • Well-established provider with a broad case portfolio.

Omni Bridgeway

• • • • • Focus: International arbitration and large commercial disputes
        • Minimum claim value: Typically €5 million or more
        • A global market leader for complex cross-border litigation.

Burford Capital

• • • • • Focus: Large-scale international disputes
        • Minimum claim value: Very high
        • Primarily serves corporations, funds, and institutional claimants.

AEQUIFIN

• • • • • Focus: Individual claims and mass litigation
        • Entry threshold: Lower and more accessible
        • Digital, transparent, and available directly to private claimants without requiring prior legal representation.

8. AEQUIFIN vs Traditional Litigation Funders

Traditional funders often work primarily with lawyers and businesses.

The process can be lengthy, and transparency may be limited.

Private individuals often face higher barriers to entry.

AEQUIFIN takes a different approach.

The platform is digital, accessible, and transparent.

Claimants can submit cases directly.

The litigation cost calculator provides an immediate indication of funding eligibility.

In addition, AEQUIFIN uses a quota balancing system designed to distribute risk more efficiently among participants.

Historically, investors on the platform have not experienced total losses.

9. Is Litigation Funding Legal and Trustworthy in Germany?

Yes. The German Federal Court of Justice has repeatedly confirmed that litigation funding is lawful. The relationship between lawyers and litigation funders is regulated under German law, including Section 49b of the Federal Lawyers’ Act (BRAO).

In 2025, the European Commission published a study recognizing litigation funding as an important mechanism for improving access to justice. Today, litigation funding is firmly established in Germany.

FORIS AG has been operating since 1996, and thousands of cases have been funded successfully. The market continues to grow while regulation becomes increasingly clear.

What Should You Look for When Choosing a Litigation Funder?

• • • Clear and transparent contract terms
    • No upfront fees or evaluation charges
    • Transparent assessment criteria
    • Proven track record and completed cases
    • Accessible support and dedicated contacts

10. Our Final Thoughts: Your Rights Without Financial Risk

Litigation funding is no longer a niche product. It is an established financial tool that has become more accessible than ever through platforms such as AEQUIFIN. If you have a valid claim and strong evidence but lack the financial resources to pursue it, litigation funding may be the solution.

• You assume no financial risk.
• The structure is clear.
• The terms are transparent.

Next step: Use the AEQUIFIN Litigation Cost Calculator and find out within minutes whether your case may qualify for funding.