The world of personal injury law is a strategic one, as there are power plays that occur without the injured party’s knowledge that can make or break a case. This is because more often than not, there are high stakes at risk, and the insurance company or defendant is on the line for your injuries to the tune of hundreds of thousands or even millions of dollars. To this end, some jurisdictions enacted something called Rule 68 Offer of Judgment which is sometimes misused by the defense team to get you to accept the financial risk of a rejected offer. In this strategic move, the at-fault party will get you to reject an offer and go to trial, only for you to receive a lower judgment, thereby having you on the hook for the cost of litigation and other pertinent costs.

This underhanded yet sophisticated strategy may seem unfair, but the law has in-built stop systems designed to ensure efficiency and encourage both parties to settle a claim in an effort to prevent clogging up the justice system. At McCready Law, we have seen such tactics used over and over again, and we have built bulletproof strategies to help you avoid this quagmire so you do not experience the financial setback associated with a Rule 68 offer – read on to find out more.

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Are you looking for the best countrywide injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of stellar legal experience where we’ve helped tens of thousands of injured individuals seek compensation after getting injured by the negligent actions of other individuals or large corporations.

Over the decades, we’ve been able to recover over $260 million in compensation for our clients and counting, and our massive success can be attributed to a number of factors such as personally handling all claims from start to finish; by contrast, most law firms simply hand over claims to legal assistants or paralegals who may not have the litigation or case law experience to assess and process a claim, something you will find in most law firms who favor processing claims fast at the expense of the client and the outcome.

We also work with top, nationwide experts in the medical, forensic science, accident reconstruction and accounting fields to come up with a case replete with objective evidence that demonstrates causality or fault that can stand up to scrutiny, helping raise the chances of you getting the maximum allowable compensation by law. We’re also not afraid to litigate having experience in the same as well as the resources and expertise to take a case to court and win – other law firms simply engage the insurance company in fast negotiations which usually end in the client getting shortchanged and receiving a paltry settlement.

In addition to running a bilingual firm (hablamos Español), we take on all claims on contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of another party, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Purpose of Rule 68 in Personal Injury Cases

The Rule 68 originates from Rule 68 of the Federal Rules of Civil Procedure and its purpose is to encourage out-of-court settlement by penalizing a plaintiff who opts to litigate but doesn’t achieve a more favorable outcome when it comes to their judgment. This rule makes a plaintiff think twice about bringing a case to court if they aren’t sure about their likelihood of prevailing in a court of law.

Foundations of a Rule 68 Offer of Judgment

1. About two weeks before trial, the defendant will serve a formal offer in order to allow a judgment to be entered against them for a specific sum, including any accrued costs to date. This figure once entered cannot be negotiated further nor altered.
2. We then have a 14-day window to accept their offer; however, this is a calculated move meant to make you make a rushed decision so you do not deeply analyze evidence or consult with experts, actions that may reveal holes in the case.
3. Should you reject the offer, the case may move to trial and should the final judgment be less than the offer, you are by law required to pay the defendant’s costs after the offer was made and is a punitive measure meant to discourage any frivolous lawsuits.

Defendants usually deploy Rule 68 due to the following reasons:

• To mitigate any risk and cap their own financial exposure as well as achieve a sense of finality as litigation tends to be costly
• To force you to make a rushed decision particularly when a major litigation expense is anticipated such as a costly motion hearing so that they can catch you at a moment of venerability so you don’t win the claim
• To shape your and the court’s perception of the value of the case in order to create some form of psychological barriers for any future settlement negotiations

Our Legal Response to Rule 68 Offer of Judgment

Our strategic response when it comes to Rule 68 begins by analyzing the case in a comprehensive manner in order to mitigate any risks so you can make decisions that align with your long-term interests. We shall take stock of pre-litigation factors such as the venue, jury pool, judge and other factors to determine how your case might pan out and the verdict you may potentially receive. Next, we shall consult with our expert witnesses so we can determine if their testimony can withstand aggressive cross-examination and if their opinion can stand up to the Daubert or Frye standards.

After that, we shall break down the financial implications of each decision – acceptance of the defense’s offer, rejection and proceeding to trial and favorable outcome, rejection and unfavorable outcome. In some instances, we may decide to call their bluff by sending them a letter to inform them we’ve reviewed their offer and are ready to prove our case in court, which can make them reconsider their offer and provide us with a much higher one. It is important to note that throughout the entire process, the buck stops with you and that we will only act as your trusted advisors so you can weigh the risks and benefits of every decision.

Best Nationwide Injury Attorneys – Call Us Today!

At the end of the day, a fair and reasonable settlement or judgment is all we’re after for our clients. If you’re worried that you may be tricked into accepting an unreasonable offer particularly if your injuries are severe and are going up against a powerful corporation, please call us NOW at (314) 481-63338 to speak with our best nationwide injury lawyers. Thanks for choosing McCready Law, and we look forward to helping you.