Are you engaged in a heated West Palm Beach trial for money damages? Has the opposing side filed an offer of judgment? Do you know what that means? You may want to read more here rather than risk getting stuck with attorney’s fees and costs for the other side. Check out this case out of the Fourth District Court of Appeal where a litigant sued her insurance and ended up owing almost 200 thousand dollars in attorneys fees and costs.
Offer of Judgment in West Palm Beach
- Courts favor settlements over jury trials or bench trials in West Palm Beach and to encourage settlement state and federal courts have enacted a set of rules pertaining to offers of settlement.
- First of all this only pertains to offers that are filed with the court, not informal settlement offers.
- The gist of the rule is this, if on the eve of trial the other side gives you a reasonable offer and you refuse it you are liable for the waste of time if you cannot do better in court.
- What is considered a reasonable offer?
- The rule in Florida is that if you cannot beat that offer by 25% then the offer was reasonable.
- Experienced Palm Beach probate litigators know the importance of seriously evaluating an offer of settlement from the other side.
- If you refuse that offer and still win money the entire award can be eaten by the sanctions attached to this rule.
- Do you know what they are?
- For started be prepared to pay for the other sides Palm Beach costs of litigation, attorney’s fees and maybe their expert fees.
- Do you know how much an expert can charge an hour?
- It can get pricey.
- Take a look at a worst-case scenario in this case out of the Fourth District Court of Appeal.
Rodrigo v. State Farm
- The plaintiff here sued her insurer after it denied coverage for some property damage to her West Palm Beach condo.
- The other side sent an offer of judgment and won at trial.
- Now the plaintiff is stuck with a two hundred thousand dollar bill of the other side’s litigation costs.
- Do you think that is fair?
- On appeal for other issues, hopefully the woman will find relief from this huge bill.
- Are you currently evaluating an offer of judgment?
- Do you know if it is reasonable?
Want to learn more?
Check out the entire case here.