Proposals for Settlements in Florida
Of the hundreds of thousands of civil cases filed each year in South Florida, the majority of these cases, including personal injury claims, never reach trial and are settled during the litigation process. This is because of the costly, time consuming, and complex nature of lawsuits. There are several ways for parties to a lawsuit to resolve their differences. For example, every case that is filed in Broward County must go to mediation. Another way to resolve a case is by filing a Proposal for Settlement.
A Proposal for Settlement is a formal offer to the other side to settle the case. Proposals for Settlements are governed both by Florida Statutes as well as the Florida Rules of Civil Procedure. Both Plaintiffs and Defendants have the ability to file Proposals for Settlement so long as it is filed and served on the other party no earlier than 90 days after the filing of the lawsuit, and no later than 45 days before trial.
The Benefits of Filing a Proposal for Settlement.
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Florida follows the “American Rule” with regard to lawsuits. Under the “American Rule,” each party to a lawsuit must generally pay their own attorneys’ fees. However, there are ways around this. By filing a Proposal for Settlement, the party who wins the lawsuit may sometimes be able to force the losing party to pay their attorneys’ fees. This raises the risks substantially and may make the other side think twice before turning down the offer.
How a Proposal for Settlement Works.
If a Plaintiff files a Proposal for Settlement and the judgment exceeds the offer by twenty five percent or more, then the Defendant may be held responsible for all of the Plaintiff’s attorneys’ fees from the date that the Proposal is filed. Likewise, if a Defendant files a Proposal for Settlement and a jury either finds in favor of the Defendant or a judgment is entered for at least twenty five percent less than the amount of the offer, then the Plaintiff may be responsible for all of the Defendant’s attorneys’ fees from the date that the Proposal is filed.
Contact Englander Peebles Today.
Englander Peebles is a seasoned South Florida Personal Injury Law Firm. Our experience allows us to analyze his clients’ cases to determine whether and when a Proposal for Settlement should be filed as well as the amount of the Proposal. We have helped many clients obtain successful outcomes through the use of Proposals for Settlements. To learn more about your legal rights and options, contact Englander Peebles today. Our attorneys will take the time to review your case, discuss your options with you, and help you to make informed decisions in your case. Contact Englander Peebles today at (954) 500-4878 to schedule a free initial consultation.
At Englander Peebles, we understand the pressure people face when they are seriously hurt in an accident and are facing off against a large insurance company. As the bills mount, so does the stress. And the most frustrating part is that you can be victimized a second time if the insurance company refuses to pay in full, putting your financial future in jeopardy.