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

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Comments

  • #32
    Sono
    Registered Users Posts: 2,374 ✭✭✭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 Posts: 2,374 ✭✭✭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 Posts: 2,374 ✭✭✭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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