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Is there s time limit on offers from a defendant in a personal injury case?

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  • 08-04-2019 3:13pm
    #1
    maryjane1970
    Registered Users Posts: 41 ✭


    If a case has been let go by the piab,liability is not an issue has been listed for high court,
    •when can a part 36 offer be made?
    •how long before the trial does a settlement meeting take place?
    •is it in the defendant interests to let the plaintiff wait until morning of court and hit them with low offer?
    Thanks for any replies...


«1

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    #2
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    There is no time limit for offers and they can happen, and frequently do, as you are walking into the court room.

    They will try and low ball you or offer a nuisance sum to try and get rid of the case.

    This is a matter for your solicitor/barrister to advise you of, they will know what the case is worth and the merits of running it as opposed to taking the offer on the table


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    #3
    MrFresh
    Closed Accounts Posts: 1,420 ✭✭✭MrFresh


    Is it normal for a defendant to make a counter offer to a settlement?


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    #4
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    But do the defendants have to avail to s time limit for s settlement meeting or lodgement in court?


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    #5
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    MrFresh wrote: »
    Is it normal for a defendant to make a counter offer to a settlement?

    Yes nothing is fixed, all offers are made "without prejudice" this essentially means that unless they are accepted they can't be used in evidence or mentioned if a trial goes ahead.


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    #6
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    Do these settlement meetings or lodgement to court have a time frame before the trial date?


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  • Options
    #7
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    No. They can happen right up to start of the hearing.


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    #8
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    if The planfiff requests a settlement meeting with the defendants,does it have to get the “go ahead” from the insurance company or what is the protocol for this?


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    #9
    randomrb
    Registered Users Posts: 351 ✭✭randomrb


    maryjane1970 wrote: »
    if The planfiff requests a settlement meeting with the defendants,does it have to get the “go ahead” from the insurance company or what is the protocol for this?

    Well in reality its the insurance company who has the money so they will have to agree. You generally wont get a full settlement meeting until all the reports ,medical and other expert, have been obtained and they can estimate their liability


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    #10
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    randomrb wrote: »
    Well in reality its the insurance company who has the money so they will have to agree. You generally wont get a full settlement meeting until all the reports ,medical and other expert, have been obtained and they can estimate their liability

    If liability isn't an issue, then you will often have insurance companies looking for a settlement meeting before loads of expenses are racked up. They may not always wait for loads of medical reports.


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    #11
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    If a date had been set for a day in court,do they generally arrange a settlement meeting or maybe even wait to the steps of the court?


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    #12
    Sono
    Registered Users Posts: 2,376 ✭✭✭Sono


    maryjane1970 wrote: »
    If a date had been set for a day in court,do they generally arrange a settlement meeting or maybe even wait to the steps of the court?

    Why don’t you speak to your solicitor about all of this?

    If a day is set for court the insurance company isn’t in any rush to settle, the money is spent on costs so it makes no odds to them, they have more than likely made offers and have been rejected so they will be happy to meet at court.

    Generally the case will settle outside court however


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    #13
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    Sono wrote: »
    Why don’t you speak to your solicitor about all of this?

    If a day is set for court the insurance company isn’t in any rush to settle, the money is spent on costs so it makes no odds to them, they have more than likely made offers and have been rejected so they will be happy to meet at court.

    Generally the case will settle outside court however

    That’s true,why would they be in a rush to settle once the costs have been racked up.
    Does it cost extra to have a trial itself in the high court?
    Would the defendants just make no offers and chance there day in court?


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    #14
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    That depends on if they think you have a weak case.


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    #15
    Sono
    Registered Users Posts: 2,376 ✭✭✭Sono


    Credit Checker Moose wrote: »
    That depends on if they think you have a weak case.

    Neither side wants to go in front of a judge as they could award anything be it high or low, it should be able to be settled outside provided there are no issues with liability.


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    #16
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    So It would be more of a tactical move by the defendant to not make any offer until the last minute,as to leave the plaintiff in limbo as to what there next move is...?


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    #17
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    It is a game of chicken. I was involved in a case where no offer was made until the first witness was called. A real game of brinkmanship.


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    #18
    Sono
    Registered Users Posts: 2,376 ✭✭✭Sono


    maryjane1970 wrote: »
    So It would be more of a tactical move by the defendant to not make any offer until the last minute,as to leave the plaintiff in limbo as to what there next move is...?

    They will make offers if there are no concerns over the claim and there are medical reports to support your claim. They don’t want it dragging on either don’t forget.


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    #19
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    You mean the case had started in court?did they think they had a chance in court?or why do you think they left it so late?


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    #20
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Insurers know that many people are reluctant to give evidence in such cases. In personal injury cases the plaintiff is usually the first witness. Some insurers will wait to see how the plaintiff appears as a witness, and possibly copes with cross-examination. They may not make their best offer until the plaintiff has left the box.

    All such tactics add to the cost of running an action as all the other witnesses have to be in court or short call


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    #21
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    nuac wrote: »
    Insurers know that many people are reluctant to give evidence in such cases. In personal injury cases the plaintiff is usually the first witness. Some insurers will wait to see how the plaintiff appears as a witness, and possibly copes with cross-examination. They may not make their best offer until the plaintiff has left the box.

    All such tactics add to the cost of running an action as all the other witnesses have to be in court or short call

    That tactic would normally only be employed if there was any question regarding liability/contributory negligence.


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    #22
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    BattleCorp wrote: »
    That tactic would normally only be employed if there was any question regarding liability/contributory negligence.

    I thought once the case started in the court room,it was in the judges hands?
    So the defendants barrister will try and dis-credit the planfiff in front of the judge to weaken the case?


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    #23
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    maryjane1970 wrote: »
    I thought once the case started in the court room,it was in the judges hands?
    So the defendants barrister will try and dis-credit the planfiff in front of the judge to weaken the case?


    Once it starts in court, there are a few options. The plaintiff can withdraw their claim and walk away (unfortunately). This usually only happens if they are caught out lying or exaggerating their injuries.

    The defence can also request a short break in proceedings and offer an out of court settlement if things aren't going their way. Of course, it's up to the plaintiff if they want to accept whatever is offered. Sometimes they do, sometimes they don't. It's a roll of the dice.

    The only time the judge is guaranteed a say is if the case involves a minor. If a settlement is agreed between the two parties, the judge has to either approve it or not.


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    #24
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    That’s interesting.
    If there has been no effort by each party to come to an agreement before a full trial,does this have any impact on the case by the judge?


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    #25
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    maryjane1970 wrote: »
    That’s interesting.
    If there has been no effort by each party to come to an agreement before a full trial,does this have any impact on the case?

    Nope. The case goes ahead as planned. There is no obligation on the parties to negotiate in advance of the case.


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    #26
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    BattleCorp wrote: »
    That tactic would normally only be employed if there was any question regarding liability/contributory negligence.

    I have known insurers to behave like that where there was no issue of contributory negligence


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    #27
    Sono
    Registered Users Posts: 2,376 ✭✭✭Sono


    maryjane1970 wrote: »
    That’s interesting.
    If there has been no effort by each party to come to an agreement before a full trial,does this have any impact on the case?

    Is there a liability dispute?


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    #28
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    If liability is not an issue,do they then try and fight with causation?


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    #29
    Sono
    Registered Users Posts: 2,376 ✭✭✭Sono


    maryjane1970 wrote: »
    If liability is not an issue,do they then try and fight with causation?

    They may not believe some claimants and put them in front of a judge and let them decide quantum and if the plaintiff is credible or not


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    #30
    drunkmonkey
    Registered Users Posts: 28,100 ✭✭✭✭drunkmonkey


    randomrb wrote: »
    Yes nothing is fixed, all offers are made "without prejudice" this essentially means that unless they are accepted they can't be used in evidence or mentioned if a trial goes ahead.

    Is that only in Civil cases, let's say in a criminal case the DPP's main witness (victim) asked for money to withdraw their statement is that still without prejudice?


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    #31
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    Sono wrote: »
    They may not believe some claimants and put them in front of a judge and let them decide quantum and if the plaintiff is credible or not

    So the judge has the medical evidence to go on and then weight up the plaintiff.


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