What is a "998" Offer?
As a Los Angeles personal injury attorney, I can tell you that no two cases are exactly alike.Just like the facts of two cases may be different, there are different procedural tools an attorney can use to try and encourage settlement. One of these important tools is the "998" offer.Section 998 of the Code of Civil Procedure (or CCP for short) is a tool available to help encourage settlement. Essentially, what it does is it presents a settlement offer that has consequences if not accepted.What are these consequences? FINANCIAL!! If a party does not accept the 998 offer, and later at trial does not achieve a greater result, the losing party might have to pay the winning party's expert costs, plus interests.For example: Let's say plaintiff serves a 998 offer on defendant for $99,999.99. Defendant does not accept. Later, after trial, plaintiff is awarded $110,000.00. In this scenario, the plaintiff would be entitled to have his expert costs reimbursed by defendant.Let's say it cost plaintiff $15,000 to retain a doctor or other expert to prove the case. The defendant would be on the hook to reimburse plaintiff for this cost as a result of not beating the 998 offer.998s are applicable to both plaintiffs and defendants. The underlying reason for the 998 is to encourage reasonable settlement offers and penalize, if you will, a party who unreasonably denies a settlement offer when it was made.I have used 998s many times in my practice representing Los Angeles car crash and slip and fall victims. They are very effective tools, believe me!998s can be complicated, especially when there is more than one defendant. It's important to have an attorney familiar with these unique procedural rules.For questions about your case, the Rabbi Lawyer is ready to assist, 24/6!