This form is a sample offer made by the defendant attempting to settle plaintiff's claims prior to trial.
California Offer of Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0043
Format:
Word;
Rich Text
Instant download
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Public form
Description
How to fill out Offer Of Judgment - Personal Injury?
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FAQ
A 998 Offer Can Speed Up Your Case and Support a Better Outcome. In a lawsuit, each person often pays their own legal fees. However, California law allows for a shift of legal costs from one party to the other through the use of California Code of Civil Procedure Section 998.
In California, a 998 offer is a cost-shifting mechanism to encourage settlement. Essentially, it means that if a settlement offer is made and rejected, the case goes to court, and the rejecting party fails to obtain a more favorable judgment in court, there is an effect on the payment of court costs.
In California, a 998 offer is a cost-shifting mechanism to encourage settlement. Essentially, it means that if a settlement offer is made and rejected, the case goes to court, and the rejecting party fails to obtain a more favorable judgment in court, there is an effect on the payment of court costs.
While a later section 998 offer has the potential to cancel out the earlier offer, the offering party may revoke it at any point within 30 days before acceptance.
In most cases, fees will be included as part of the 998 and the parties can negotiate attorney's fees. If not, you'll have to proceed with a fees motion and have the court determine reasonableness.
One of the problems in sending 998 offers is doing so prematurely. In order for a 998 offer to be proper, the party sending the offer must do so in good faith. A 998 offer may be deemed in bad faith if it does not allow the opposing party sufficient time to evaluate the claim.
(1) If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment ingly. In the case of an arbitration, the offer with proof of acceptance shall be filed with the arbitrator or arbitrators who shall promptly render an award ingly.