What is a 998 Offer in a Personal Injury Case?May 5, 2022
You may have heard of a “998 offer” in relation to your personal injury case. The name is a reference to California Code of Civil Procedure Section 998. They are also known as “statutory offers”. There are several rules that pertain to 998 offers.
First, 998 offers are time-sensitive. The person who receives the offer must respond in writing to the person who made the offer. In California, anyone can make a 998 offer in state court up to 10 days before the trial for the case is scheduled to begin.
A 998 offer’s purpose is to encourage early settlement of your case. The recipient of a 998 offer will need to consider whether the offer is better than the result they should expect to receive in a trial.
If a plaintiff does not accept a defendant’s 998 offer, then the defendant’s attorney can ask the judge for the cost of expert witness fees and other litigation costs that usually cannot be recovered. On rare occasions, this may also include attorney’s fees.
Alternatively, a plaintiff can make a 998 demand that may result in the defendant paying for expert witness fees – and for attorney’s fees in rare cases. Again, a 998 offer is meant to encourage early settlement of the case, which would lead to fewer expenses than moving forward with a trial involving expert witnesses. Watch the video to learn more.
If you have additional questions about 998 offers, I want you to call me at (559) 436-0850. I welcome your call. Visit our educational website at www.NunesLaw.com for more videos and media content from our law firm.