The conversation in this episode starts with a challenge that often goes unnoticed in personal injury litigation: how injured plaintiffs make ends meet while waiting months or years for their cases to resolve.

In this episode, I speak with Rachel McCarthy, Executive Director of the Milestone Foundation, about a challenge that often sits quietly in the background of personal injury litigation: how injured plaintiffs manage financially while waiting for their cases to resolve.

Litigation can take months or years to reach a settlement or verdict. During that time, plaintiffs may face mounting medical bills, housing expenses, transportation costs, and lost income. Financial pressure can create significant hardship and, in some cases, influence settlement decisions. Rachel explains how the Milestone Foundation was created to address this issue through a nonprofit model that provides low-interest, non-recourse advances designed to help plaintiffs cover essential living expenses while their cases proceed.

We discuss how plaintiff funding differs from litigation finance, why many attorneys remain skeptical of the industry, and what makes nonprofit funding models different from traditional providers. Rachel also explains the mechanics of simple versus compounding interest, the importance of understanding funding agreements, and the questions attorneys should ask before recommending funding options to clients.

In addition, we explore emerging regulatory efforts, including new state-level consumer protection measures, and discuss the broader access-to-justice implications of helping plaintiffs withstand the financial pressures that can arise during lengthy litigation.

Whether you are a plaintiff attorney, litigation professional, consumer advocate, or simply interested in how economic realities intersect with the civil justice system, this conversation offers valuable insight into a topic that affects thousands of litigants every year.

Rachel has over 15 years’ experience leading teams and growing companies. From law firms, startups, legal service companies and non-profits, she excels at building relationships and finding creative ways organizations and individuals can help each other succeed. Rachel graduated from Fordham University with a B.A. in Political Science and Peace & Justice Studies.

Jump in to hear Rachel’s perspective on ethical plaintiff funding, consumer protection, and how financial support can help plaintiffs and their attorneys see cases through to a more appropriate resolution.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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Our Guest

Rachel McCarthy
Rachel McCarthyExecutive Directior and President, The Milestone Foundation

Your Host

Tom Hagy
Tom HagyEditor-in-Chief
Tom Hagy is host and producer of the Emerging Litigation Podcast, now approaching its 120th episode with more than 15,000 downloads, along with thousands of additional views on the HB Litigation News YouTube channel. He edits a litigation blog that ranked as the most read in its category on JD Supra in 2025 and regularly writes about emerging legal issues for the HB website.
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