Personal injury compensation

[Edgar 2]

If the defendant offers a settlement figure but you choose to go to court what is the process if the judge offers the same or lesser amount ?

 

[fisicx]

You get the lesser amount.

 

[WaveJumper]

Court could decide to throw the case out.

A lot of cases literally will go as far as the court steps and a new offer made. I would also check especially if you are using a no win no fee lawyer check their T&Cs carefully to make sure you are still covered against costs especially if they recommending you except offer put to you ......read the small print

 

[David Griffiths]

One for a lawyer to confirm, but if you refuse an offer and the court ulimately awareds the same or less, then you are responsible for the legal costs of both sides from the date of the offer. Could be very expensive

 

[WaveJumper]

Would be interesting to know how this one goes

 

[Mark T Jones]

Court could decide to throw the case out.

A lot of cases literally will go as far as the court steps and a new offer made. I would also check especially if you are using a no win no fee lawyer check their T&Cs carefully to make sure you are still covered against costs especially if they recommending you except offer put to you ......read the small print

This, re T & Cs.

No win fee lawyers work on a course of least resistance, so will almost certainly recommend taking the offer - costs will accumulate very quickly (and you will become liable) if you don't conform.

 

[Gyumri]

Is it a part 36 offer? If so then look up the consequences on the internet. CPR part 36. If it's not such an offer then you still need to decide. If the offer gives you something reasonable then I would take it and swallow the difference.

 

[Newchodge]

Is it a part 36 offer? If so then look up the consequences on the internet. CPR part 36. If it's not such an offer then you still need to decide. If the offer gives you something reasonable then I would take it and swallow the difference.

Or it may be a Calderbank offer, which is similar to part 36 but also different!

 

[Michael Loveridge]

Court could decide to throw the case out.

Sorry, but this is completely wrong. A court would never `throw the case out' simply because the Claimant had rejected an offer that they should, in retrospect, have accepted.

The main danger in going to court after an offer's been made is that if you fail to get more than the offer at trial you may end up having to pay the defendant's legal costs from the date the offer was made. These could sometimes not only wipe out whatever the judge has awarded you in compensation but actually leave you in debt.

However, as you aren't capable yourself of assessing whether or not an offer is fair and reasonable your solicitor will effectively decide for you by refusing to carry on if you turn down a fair offer.