Settlement Offer

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What is the name of your state? AZ

I believe I posted this question under the wrong category earlier. I apologize for the repost, but wanted to get it to the right area. I am writing in reference to a civil suit. I was recently asked by Defendant’s attorney to submit a settlement offer. Should a settlement offer include points I feel are strong in my case or simply state an amount? Is there anything that should not be discussed in a settlement offer? Any information would be appreciated. Thank you.What is the name of your state?

 

[Rexlan]

What is the name of your state? AZ

I believe I posted this question under the wrong category earlier. I apologize for the repost, but wanted to get it to the right area. I am writing in reference to a civil suit. I was recently asked by Defendant’s attorney to submit a settlement offer. Should a settlement offer include points I feel are strong in my case or simply state an amount? Is there anything that should not be discussed in a settlement offer? Any information would be appreciated. Thank you.What is the name of your state?

Bad move to make an offer ... once you make an offer it can only go down, not up and they will use it to decide if they wish to proceed. Settlement offers are simple one line things. $$$$, nothing about your case or evidence.

Your reply should be along the lines of "you will carefully consider any reasonable offer they wish to present to amicably settle the litigation". The way this works is their offer to you won't go down but it can go up ... reversed.

 

[[email protected]]

Thank you for the great advice…it makes perfect sense. I’m sure they would like to have an idea of what I am looking for in this case. When they asked me to submit an offer, I inquired about a settlement conference. I had participated in one of these before and found it beneficial. They said the conference will cost money and by submitting an offer, we could avoid an unnecessary expense. I stated I would go ahead and do that, but if the offer wasn’t accepted, I would be hiring legal counsel to handle the remainder of my case.

I know they are getting ready to file summary judgment so I have to move quickly. I really want to avoid going any further because of what I have seen take place in our judicial system. It just worries me what could happen, so I thought making an offer made more sense than risk moving forward. However, I had no idea what to offer. I told them they could expect one this week. Not quite sure how to get around that now. Any thoughts on this or requesting a settlement conference? Thank you!

 

[Rexlan]

Thank you for the great advice…it makes perfect sense. I’m sure they would like to have an idea of what I am looking for in this case. When they asked me to submit an offer, I inquired about a settlement conference. I had participated in one of these before and found it beneficial. They said the conference will cost money and by submitting an offer, we could avoid an unnecessary expense. I stated I would go ahead and do that, but if the offer wasn’t accepted, I would be hiring legal counsel to handle the remainder of my case.

I know they are getting ready to file summary judgment so I have to move quickly. I really want to avoid going any further because of what I have seen take place in our judicial system. It just worries me what could happen, so I thought making an offer made more sense than risk moving forward. However, I had no idea what to offer. I told them they could expect one this week. Not quite sure how to get around that now. Any thoughts on this or requesting a settlement conference? Thank you!

You already got good advice so take it and use it wisely. Your offer is to carefully consider any reasonable settlement they wish to oresent to avoid litigation. Simple, and you are under no obligation to make them an offer.

A settlement conference seems premature.

When/if they make a summary judgment motion in your reply just tell the truth, if there is any, dispute the facts with an affidavit based on personal belief and knowledge and then go get a lawyer. Facts in dispute prevents a SJ.

Good luck

You have not offered anything about the case so you're asking for stuff that no one can answer.

 

[Dandy Don]

It would be very foolish of you to submit an offer (and the defendant's attorney had no business asking YOU for this information) without the advice of an attorney. An attorney may have better negotiating skills than you do and can probably get you more money. The defendant's attorney came to you because he thought he could get you for a lesser amount than if your attorney had been involved. Your attorney needs to know EVERYTHING about this settlement.

DANDY DON IN OKLAHOMA ([email protected])