If you’re thinking about making a personal injury claim, getting to grips with key legal terms can feel daunting. One important term you might come across is a Part 36 offer — part of the Part 36 Civil Procedure Rules in place to push claimants towards settlements in the case of legal disputes. But what is a Part 36 offer and how does it work? Here, we’ll explain it and explore its relevance to personal injury claims.
How does a Part 36 offer work?
A Part 36 offer is a formal settlement proposal that is made under the Civil Procedure Rules (CPR) and allows for one party to propose a case resolution without going to trial. This is usually in order to save time, money and stress for all parties involved.
Both claimants and defendants can make Part 36 offers at any stage during the legal process. The offer must be formally written and explicitly stated that it is being made under Part 36 of the CPR. It can address specific parts of the claim being made or the entire case if needs be. There must also be a 21-day period where the receiving party can accept the Part 36 offer without additional cost penalties written into the offer.
Once the offer is written up, the opposing party can either accept, reject, or counter it with an alternate settlement agreement.
Why are Part 36 offers important in personal injury claims?
When it comes to personal injury claims, a Part 36 offer could completely settle a case without a lengthy court process. The benefits of wrapping up a case quickly can be even more attractive for claimants recovering from injuries or dealing with mental health issues as they can now focus on their recovery rather than fighting a case. Beneficial for all parties is the lack of court necessity, which eliminates costly court fees.
What happens if you reject a Part 36 offer?
There are pros and cons to accepting a Part 36 offer. We’ve covered the pros, but the cons are a little more risky. While you might be avoiding court fees and drawing the case out over a long period of time, you might end up coming away with less in your settlement. By rejecting an offer, you run an equal amount of risks too:
- Cost penalties — If you reject a defendant’s Part 36 offer and the court awards a lower amount, you might be responsible for the defendant’s legal costs.
- Increased financial strain — The additional legal costs could diminish the compensation awarded to you.
- Pressure to settle — Defendants often use Part 36 offers strategically to push claimants toward settlement and avoid trial costs — calling a defendant’s bluff can be difficult without expert legal assistance.
What to consider before accepting or rejecting a Part 36 offer
Before making a decision on a Part 36 offer, you should always consider the following:
- Scope of damages — Look at whether the offer accurately reflects both general damages and special damages.
- Future expenses — Look at whether or not your injuries require ongoing treatment or care. If so, make sure the offer accounts for these costs.
- Expert opinions — Seek expertise from medical specialists to determine if the damages offered will account for your pain and suffering properly, and legal experts to confirm if the offer is fair overall.
- Timing — Early offers may not reflect the full value of your claim, especially if your injuries have not yet stabilised.
Be sure to get in touch with our experts at Injury Lawyers 4u to discuss any settlement offer before accepting anything.
Can you negotiate a Part 36 offer?
While negotiations during a personal injury claim can be stressful, it can be beyond beneficial. In the case of a Part 36 offer, negotiations are no different.
Part 36 offers are typically made on a ‘without prejudice’ basis, meaning they cannot be referred to in court if negotiations break down. So, be sure to talk to your solicitor when it comes to negotiation — they’ll give you expert advice or take the reins and pursue the very best possible settlement offer on your behalf.
Common scenarios involving Part 36 offers
These are a few of the most common scenarios where a Part 36 offer could feature during the claim process:
Early offers
A defendant in your case might make a low value Part 36 offer early in the claim process to test your resolve.
Pre-trial offers
A Part 36 offer might be made close to a potential trial date, reflecting the defendant’s desire to avoid escalating costs and risk.
Strategic offers
Defendants will sometimes use Part 36 offers to limit their liability and discourage you from pursuing the case further.
How legal expertise can help
If you’ve been sent a Part 36 offer, it can be hard to understand the full implications without legal expertise. By getting in touch with solicitors from injury Lawyers 4u, our experts can assist you with:
- Evaluating your offer — We’ll ensure that the Part 36 offer reflects the full value of your claim.
- Advise on legal costs — We’ll look at potential cost consequences of accepting or rejecting the offer.
- Handling complex rules — We’re experts on the Part 36 Civil Procedure Rules so can easily navigate negotiations while keeping you fully informed throughout the process.
Speak to our experts
If you’ve received a Part 36 offer or want to learn more about your options, contact Injury Lawyers 4U for expert legal advice and to arrange for a free consultation with one of our experienced lawyers.