Litigation funding—also known as litigation financing or third-party litigation funding (TPLF)—provides a person or entity with the money to pay attorney fees, expert witnesses, and other costs necessary for litigation. Litigation funding is essentially a loan, secured by the proceeds of the expected settlement or collection of judgment in a lawsuit, and is designed to allow persons or entities without the necessary resources to pursue valid claims in litigation.

In West Virginia, litigation funding, also known as third-party litigation funding (TPLF), is a practice where a third party provides financial assistance to a litigant to cover legal expenses such as attorney fees and expert witness costs. This funding is typically non-recourse, meaning that the funder is repaid from the proceeds of a settlement or judgment if the case is successful, and receives nothing if the case is lost. West Virginia does not have specific statutes directly regulating litigation funding for general civil litigation. However, the practice must comply with general state laws on contracts, lending, and professional conduct for attorneys. Attorneys in West Virginia must adhere to the Rules of Professional Conduct, which include provisions on maintaining independence from third-party funders and ensuring client confidentiality. It is important for parties considering litigation funding to consult with an attorney to understand the implications and ensure that any funding agreement is in compliance with applicable laws and ethical standards.