Litigation can be expensive and often probate litigation can be a double edged sword where you may see the trust paying for actions taken on behalf of the trustee. But did you know there are other situations where you may be on the hook for attorney’s fees if you do not take a reasonable settlement offer? Learn how Offer of Judgment rules in Florida may have you on the hook for attorney’s fees from this Fourth DCA Case Hoang Dinh Duong M.D. et. al. v. Ziadie, No. 4Daa-1492 Dec. 17, 2014.
- Offer of Judgment is a term for an offer of settlement, and in Florida if you are given a reasonable offer of judgment and refuse it and go to trial, you may be on the hook for attorney’s fees.
- But how can you be sure that an offer is reasonable?
- Its determined after the fact by looking to how close the trial or jury verdict is to the original Offer of Judgment that you were given.
- Is it wise for you to take this offer of settlement?
So if you are suing in West Palm Beach for intentional interference with an expectancy or inheritance how do you know if you should take the offer? Whats worse what if you make the wrong call? Is that it? What if the offer was ambiguous.
- A group of plaintiffs was suing a doctor for mal-practice and they were given an offer of judgment that they did not take
- Ultimately the jury found for a verdict that would make that offer reasonable
- The doctor appealed arguing that since the cover letter for the offer referred sometimes to one plaintiff and other times to plaintiffs that he was unable to reasonably separate the offers out and that they were ambiguous, as such he said he was not obligated to use the offer as a caliber for going to trial
- The court ultimately said that no it was not ambiguous.
- Read the full case here.
How can you be sure that the offer in your Palm Beach Probate trial is reasonable?