Sample Letter to Opposing Attorney Declining Settlement Offer
What this document covers
This form is a sample letter used to formally decline a settlement offer from an opposing attorney in a legal dispute. It serves to communicate the decision of the party involved to proceed with litigation rather than accept the proposed settlement, outlining the next steps in the legal process. Unlike generic letters, this document is tailored to specific legal situations, enhancing its efficacy in litigation contexts.
Form components explained
- Date: The date when the letter is drafted.
- Recipient's Name and Address: The details of the opposing attorney receiving the letter.
- Case Reference: Identification of the relevant case for clarity.
- Client's Intent: A statement expressing the client's desire to proceed with litigation.
- Settlement Response Deadline: Specifies the time frame for the opposing party to respond.
- Next Steps: Outlines actions to be taken if the settlement is not reached.
When to use this form
This form is necessary when an attorney is instructed by their client to decline a settlement offer. It is typically used in situations where the client believes that the settlement is insufficient or when they wish to continue pursuing the case in court to potentially seek a more favorable outcome.
Who can use this document
- Attorneys representing clients in a litigation matter.
- Clients who have received a settlement offer and wish to decline it.
- Legal professionals seeking a formal structure for declining settlements in correspondence.
How to complete this form
- Enter the date at the top of the letter.
- Fill in the opposing attorney's name and address accurately.
- Specify the case reference to avoid confusion.
- Clearly state your client's position regarding the settlement offer.
- Include a deadline for the response to the offer.
- Outline the steps to be taken if a resolution is not reached by the deadline.
Notarization guidance
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Mistakes to watch out for
- Failing to include a clear deadline for the settlement response.
- Not specifying the case reference, leading to potential confusion.
- Using vague language that does not clearly convey the client's intentions.
- Omitting essential contact information of the attorney.
Benefits of completing this form online
- Convenient access to customizable templates without the need for legal expertise.
- Edit and save the document as needed for quick future modifications.
- Reliable forms drafted by licensed attorneys to ensure legal accuracy.
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FAQ
Monsour Law Firm attorneys know legal arguments, standard requests and reasonable compensation amounts in cases like yours, and they can offer insight you might not know. You don't have to accept a settlement offer.
That you will not accept the initial settlement offer; The reasons why you feel you deserve a higher settlement amount; Each of their low-offer reasons, and your responses; The higher settlement amount that you will accept.
Typically, it can take anywhere from one to two weeks for the insurance company to respond to your demand letter. Then it can take anywhere from weeks to months until you reach a settlement that you will accept. Some people accept the first or second offer, while others may accept the third or fourth counteroffer.
No, until a settlement agreement is signed, you can change your mind. However, if the attorney has told the other side he will take the offer, it does put him in a bad position. Also, if your attorney strongly recommends the offer, you may want to consider his advice.
You have the right to reject any settlement offer and respond with a counter demand for the payment you deserve. But you have to wait until a settlement offer is made to reject it and submit a counter demand.
If you receive a settlement offer that is less than what you need or deserve, you can and should negotiate for a better offer. The worst that can happen is the insurance company will stand their ground and refuse to raise their offerthey will not rescind the offer entirely, so you really have nothing to lose.
Request a New Adjuster While this is rare, the claims adjuster may refuse to negotiate after you reject their first offer. This is a tactic companies use to intimidate their clients. It creates a take it or leave it atmosphere, which can cause you to accept a settlement much lower than what you need.
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.
Scenario 3: Protect Your Legal Rights by Filing a Lawsuit The most dramatic result of a rejected settlement offer is a lawsuit against the party who injured you, the insurance company, or both.
