In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.
A without prejudice offer can be used to resolve a legal dispute by enabling parties to make settlement offers without the risk of those offers being used against them in court. This protection encourages parties to engage in genuine negotiations to reach a settlement.
Without prejudice meaning In general, a party's admission to something can be used against them in court. The without prejudice (WP) rule means that statements which are made in a genuine attempt to settle a dispute cannot be used in court as evidence of admissions against the party that made them.
I am writing this letter to state that on _ (Day) i.e. (Date), I got relieved from your _ (Company/ Organization) but my full and final settlement has not been done. I request you to kindly do the full and final settlement and send me all dues (if any).
Whereas a case that is dismissed “with prejudice” is dismissed permanently, a case that is dismissed “without prejudice” is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
This letter should clearly state the reasons for rejecting the offer, such as it not providing maximum compensation for the damages incurred. Provide specific reasons for your rejection, highlighting the damages and losses not covered by the proposed settlement.
If you find the offer unacceptable, your attorney can draft a formal letter and propose a counteroffer. This letter should clearly state that the initial offer is unacceptable and refute any inaccuracies in the insurance adjuster's statements.
In your first without prejudice letter, be selective and keep some issues in reserve for the final negotiating stages. Try not to over-emphasise all the ways you think they've mistreated you. Instead stop and think if there is a way in which you can more subtly mention their behaviour.
However, refusing a settlement offer does extend the life of your claim and delays when you receive compensation. If you have pressing medical bills or other expenses, this is a factor to consider. You'll also need to invest more time and energy into your case, including providing more documentation of your damages.
Always reject a settlement offer in writing. Type a letter to your contact at the insurance company listing the reasons you think that their offer is too low. Back up these reasons with concrete evidence attached to the letter. Finally, provide a counteroffer of a sum you think is more reasonable.