Negotiation

An offer to settle a case can happen at any time. While it is fair to say that with certain claims the defendant’s side may make an offer before any evidence is obtained, it is also correct to say that we would anticipate an offer to be made, or to make an offer, after disclosing all the relevant evidence.

If the defendant’s side has made an offer, your lawyer will advise you on whether to accept or reject it. It is your decision to make. If liability has been admitted and we have enough evidence to work out how much the claim is worth, we are likely to recommend that you settle your case at this stage.  

Your lawyer may also advise you to make an offer to the defendant. This could be alongside the disclosure of medical evidence, or to encourage the defendant’s side to negotiate.

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  1. Rejecting The Offer

    If the defendant’s side has made an offer and your lawyer doesn’t believe it is appropriate, they will advise you to reject it.  Broadly speaking, there are two reasons why this will be the case.  Firstly, the defendant may have made an offer in advance of all the relevant evidence being gathered on your case, which would mean that your claim cannot be appropriately valued.  

    Secondly, the defendant’s offer is below what we would anticipate you should receive for your claim.  

    In either of these instances, your lawyer will advise you on the next steps.

     

     

  2. Part 36 Offers

    If you or the defendant’s side has made an offer under Part 36 of the civil procedure rules, it will carry certain consequences. A minimum period of at least 21 days in which the offer is open to acceptance must be specified, and during this period, the party making the offer will be liable for your costs, as well as the amount offered – this is known as the Relevant Period. A Part 36 offer cannot be altered or withdrawn during the Relevant Period unless the court gives permission.

    This can be used as a negotiation tool and either side may make an offer which stands for 21 days only in order to encourage the other side to quickly agree the offer or make a different one, speeding up the settlement process.

    Your lawyer will advise you about the consequences of a Part 36 offer.

  3. Accepting The Offer

    If the defendant’s side has made a fair offer that your lawyer thinks is acceptable, they will advise you to accept it. Remember that accepting the offer will mean full settlement of your claim. There will be no opportunity to reopen the claim and so it is vital not to settle until you are happy that any medical symptoms you have are either resolved or you are at an advanced enough stage in the recovery period that they will not worsen.

    Once you agree to accept the offer, your lawyer will advise the defendant’s side and they will advise when they will be sending a cheque in settlement of your claim. Your lawyer will make you aware of when you can expect to receive your settlement cheque.

Joint Settlement Meeting Complying with Timetable Court Issues Timetable Issue Court Precedings Case Concluded Negotiation Check Evidence Seek Evidence Liability Denied Liability Accepted Contact Made With Other Party or Their Insurers Case Taken On Court Hearing Case Settled
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Joint Settlement Meeting

In some circumstances we may need to hold a joint settlement meeting to reach a final settlement on your case.

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Complying with Timetable

Once court proceedings have started, a case can have one or more case management conferences at any point before it reaches trial.  

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Court Issues Timetable

Claimants and defendants are both required to directions to the court about how the case will progress.

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Issue Court Precedings

Usually, your lawyer will advise that it is appropriate to issue court proceedings on your case if it has reached an impasse or because your claim needs to be protected.  

 

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Case Concluded

Your case will conclude with the presiding judge making a decision on whether your claim has been successful or not.

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Negotiation

Negotiation of your case, based on the evidence presented from both sides.

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Check Evidence

Your lawyer will check received evidence for accuracy and legitimacy.

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Seek Evidence

Gathering of evidence is essential whether or not the defendant denies responsibility or not.

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Liability Denied

Denial of liabilty means the most likely next steps include gathering supporting evidence to present to the defendant.

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Liability Accepted

If the insurer accepts liability, the case can proceed to a monetary settlement.

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Contact Made With Other Party or Their Insurers

This stage confirms in writing the case, injuries and financial losses you have suffered.

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Case Taken On

This stage will encompass your initial discussions with JMW about your case, and assessing your suitability to claim.

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Court Hearing

At this point we prepare all evidence for your court hearing.

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Case Settled

At this point you could choose to accept the defendants offer or not.

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