This form is a sample offer made by the defendant attempting to settle plaintiff's claims prior to trial.
West Virginia 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
If a plaintiff can show an unjust enrichment, then he / she is entitled to a monetary award, or a constructive trust. It should always be kept in mind that unjust enrichment is the cause of action and that a constructive trust is a possible remedy once the cause of action is proven.
Unjust enrichment is an independent cause of action whereby the plaintiff seeks either a monetary or proprietary award against the defendant. The basis for the claim is that the defendant was enriched at the plaintiff's expense without juristic reason.
An offer of judgment is used to encourage settlements and protect parties willing to settle early in the litigation process. It is an extremely useful tool however there are important nuances to using this strategy successfully.
Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.
Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...
To state a claim for unjust enrichment in Virginia, a plaintiff must allege three elements: (1) the plaintiff conferred a benefit upon the defendant; (2) the defendant knew that the plaintiff conferred the benefit; and (3) the defendant accepted or retained the benefit under circumstances that render it inequitable for ...
For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
On a judgment for the recovery of specific property, real or personal, a writ of possession may issue for the specific property, which writ shall conform to the judgment as to the description of the property, and the estate, title, or interest recovered.