"Without Prejudice" means you may be able to refile lawsuit later. Settlement demand letters are used in most personal injury cases to begin settlement negotiations.A without prejudice letter is a letter that is sent in an attempt to negotiate a settlement in a legal dispute. You can use the statute of limitations as an affirmative defense in your case to get it dismissed without prejudice. If there is an official form for a legal procedure, it is usually found on the court or court clerk websites. We link to many in this guide. You do not want to risk dismissing your claim with prejudice due to misunderstanding the law. Prejudice (with the result that the plaintiff can re-file the claim if the money is not paid), and write out a settlement agreement with the plaintiff. Lead counsel in the litigation include Robert Gibbs and Robert Pauw of Gibbs. Board of Contract Appeals General Services Administration Washington, D.C. 20405.