If you do not accept a settlement agreement, your case will proceed to the next steps. If you have already filed a lawsuit, this means you might have more hearings and eventually go to trial. When a case goes to trial, that introduces the chance you could lose in court.
Possible Legal Action: If negotiations don't yield a satisfactory offer, a lawsuit may become necessary, requiring additional time and resources. Risk of Lower Final Settlement: In some cases, litigation may lead to a settlement lower than the initial offer, depending on the court's decision.
Communications marked as 'without prejudice' cannot be used by the other party as evidence in court. This means that parties can speak openly about the matters in dispute without the risk of the other party using that information against them later.
name of claims adjuster, I received your letter dated date of written settlement offer. I have reviewed your letter very carefully, including your settlement offer. Unfortunately, I cannot accept your offer for the reasons discussed below.
Always respond to a low settlement offer in writing rather than over the phone or in person. Submitting a counteroffer in writing gives you a chance to provide more evidence to support your claim. If you haven't already hired a lawyer, do so before you respond to the low offer you received.
If you disagree with the offer, you can decline it. However, rejecting a settlement offer isn't as simple as saying, “Sorry, I won't accept it.” Instead, before rejecting a settlement offer, it's important to think through this decision.
Treat the following as a set of general guidelines: Gather complete information before you start writing. Describe your injuries and medical treatment. List your medical expenses, lost wages, and non-economic damages. Make a settlement demand. Include a deadline for legal action if you want to, but don't bluff.
Critical Elements of a Settlement Demand Letter Introduction and Background Information. Start by introducing yourself and providing a brief overview of the incident. Statement of Facts. Liability. Injuries and Medical Treatment. Damages. Settlement Demand. Deadline for Response. Closing.
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.