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

  • 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...


Comments

  • #2
    randomrb
    Registered Users, Registered Users 2 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


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


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


  • #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?


  • #5
    randomrb
    Registered Users, Registered Users 2 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.


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


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


  • #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?


  • #9
    randomrb
    Registered Users, Registered Users 2 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


  • #10
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭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.


  • #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, Registered Users 2 Posts: 2,482 ✭✭✭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


  • #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?


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


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


  • #15
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭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.


  • #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...?


  • #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.


  • #18
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭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.


  • #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?


  • #20
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭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


  • #21
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭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?


  • #23
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭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.


  • #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?


  • #25
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭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.


  • #26
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭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


  • #27
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭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?


  • #28
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


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


  • #29
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭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


  • #30
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,331 ✭✭✭✭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.


  • #32
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭Sono


    maryjane1970 wrote: »
    So the judge has the medical evidence to go on and then weight up the plaintiff.

    Yes and expect to be cross examined too by the barrister for the insurance company, most people **** themselves on the day and it usually settles outside once no issue with liability, even at that it could still settle as no one really knows what the judge will make of all the evidence.

    If the plaintiff is credible and genuine then there is nothing to fear, but if they aren’t then they have a lot to be worried about.


  • #33
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    I think it would be better getting put in front of a judge and getting your side across.
    Medical for the defence does be rushed through and they only want to hear the positives,not the on going problems.


  • #34
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭Sono


    maryjane1970 wrote: »
    I think it would be better getting put in front of a judge and getting your side across.
    Medical for the defence does be rushed through and they only want to hear the positives,not the on going problems.

    If that’s what you want to do then go for it.

    A lot can change on the day of the hearing and no case is the same as another, I don’t think I would like to go up in front of a judge personally, if they take a disliking to anything they hear from you then that could be it and they may dismiss your case.

    Like I said I would thread carefully with going into court myself but it is entirely up to you.


  • #35
    maryjane1970
    Registered Users Posts: 41 ✭maryjane1970


    There may be no offer or settlement meeting until the day of the trial,so one may have no option but going to court..


  • #36
    Sono
    Registered Users, Registered Users 2 Posts: 2,482 ✭✭✭Sono


    maryjane1970 wrote: »
    There may be no offer or settlement meeting until the day of the trial,so one may have no option but going to court..

    If the insurance company have no issue with the case and they accept liability then they will make an offer, have you received any offers to date? If none and court case coming up then I would expect it to go in front of a judge


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  • #37
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    maryjane1970 wrote: »
    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...


    Went through the process a couple of years back... hopefully this helps.

    When - I don't have exact details I'm afraid. I was of the impression it was something like six weeks. They can offer at any stage however the cost implications around part 36 I'm not 100% sure on so please do NOT use this as advice.

    "How long before the trial does a settlement meeting take place?" - Again this can be any time basically. It's essentially a game of chicken towards the end in the run up to court date. Who blinks first and who is the most confident in their position. In my case the high court trial date was the Thursday and the meeting was held on the Monday before.

    "Is it in the defendant interests to let the plaintiff wait until morning of court and hit them with low offer" - Again it depends on the confidence of the defendant, do they feel they could prove an aspect of contributory negligence?, could they dispute full liability?, do they feel they may be able to discredit the argument with the judge? It's hard to tell.....

    Ultimately it's a money game. The defendant wants to get out of the claim as cheaply as possible and costs accrue at different rates during that time period. I was told circa 8 weeks before trial costs start to ramp up again, as senior/junior council get engaged, engineers reports, final medical reports, etc. So that's often a time that negotiations may happen.


    I wrote this post a couple of years back about my experience... have a read through, it may be of assistance. Hope it helps.... https://www.boards.ie/vbulletin/showthread.php?p=93328566


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