This form is a letter to the plaintiff from his or her attorney discussing the merits of the defendant's proposed settlement offer.
Palm Beach Florida Letter regarding Defendant's Offer of Judgment
State:
Multi-State
County:
Palm Beach
Control #:
US-PI-0237
Format:
Word;
Rich Text
Instant download
Description
How to fill out Letter Regarding Defendant's Offer Of Judgment?
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FAQ
An offer of judgment is a formal, written proposal made from one party to the other. The offer states the terms at which the party making the offer is willing to resolve the case. The other side has 30 days to accept the offer, or it is considered rejected.
(f) Acceptance and Rejection. (1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal.
An offer of settlement (Fla. Stat. Section 768.79) allows either party to an injury case to offer a settlement to the other party before trial. It was created to encourage early resolution of disputes.
In almost every case after a default is entered, the plaintiff will submit affidavits and a proposed judgment to the court and the court will then enter the judgment without the requirement that any hearings be held.
As stated in Danis, the purpose of the offer of settlement statute is to ensure that an insured or beneficiary cannot continue to incur attorney's fees and costs after a legitimate offer of settlement.
(b) Service of Proposal. A proposal to a defendant shall be served no earlier than 90 days after service of process on that defendant; a proposal to a plaintiff shall be served no earlier than 90 days after the action has been commenced.
A Proposal for settlement or PFS for short is a valuable litigation tool used to put pressure on parties to settle lawsuits. In short, a PFS essentially is a legally binding document submitted by one party to the opposing party and specifically identifies the monetary amount the serving party desires for settlement.
(f) Acceptance and Rejection. (1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal. The provisions of Florida Rule of General Practice and Judicial Administration 2.514(b) do not apply to this subdivision.
