This form is a sample offer made by the defendant attempting to settle plaintiff's claims prior to trial.
Kentucky Offer of Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0043
Format:
Word;
Rich Text
Instant download
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Public form
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How to fill out Offer Of Judgment - Personal Injury?
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FAQ
If the plaintiff either (1) declines the offer; or (2) fails to respond to the offer by the deadline, then the offer is considered withdrawn. A withdrawn offer does not preclude the defendant from making a subsequent offer.
Even when the offer is well crafted, the major disadvantage of a Rule 68 Offer remains the evident lack of privacy. Once the plaintiff accepts your Rule 68 Offer and a judgment is entered against you, that document is a public record available to anyone.
A plaintiff asks for a default judgment if a defendant fails to file an answer within 20 days after being served. If you fail to file an answer within 20 days the court will take the position that you agree with the allegations in the complaint and a default judgment is entered.
As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.
An offer of judgment is used to encourage settlements and protect parties willing to settle early in the litigation process. It is an extremely useful tool however there are important nuances to using this strategy successfully.
The third sentence of Rule 68 has been altered to make clear that evidence of an unaccepted offer is admissible in a proceeding to determine the costs of the action but is not otherwise admissible.
(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.
It can reduce Plaintiff's attorney's fees Thus, while the rejection of a more favorable offer of judgment does not preclude the recovery of attorney's fees by a prevailing FLSA plaintiff, it can nevertheless substantially reduce the amount of attorney's fees a court will award as reasonable.