These negotiation tactics are called Calderbank Offers
Tactics like these are used to try to settle a claim before it gets to court. What we have talked about here is a only a basic guide about how costs work – it can get much more complex than this.
The main thing to remember is: when negotiating a compensation figure for your claim, who pays for costs will always be factor.
Sometimes the offer on the table might not be as much as you would like. But if your solicitor is not confident that you could beat that offer in court, you could be exposing yourself to the nightmare scenario.
If you get an offer like this, it’s time to have a serious conversation with your solicitor. You need to decide if the extra compensation you might get in court is worth the extra risk.
So far we’ve been talking about settling claims. But what if you can’t settle? What if everyone has tried their best, but you just can’t get a settlement figure that’s acceptable to both you and the defendant?
You know what happens next – it’s time to go to court.
So that’s what we are going to look at now.If you are involved in a road traffic accident, report it to the police. If you slip on a wet supermarket floor, tell the manager. If your accident is at work, make sure the accident book is filled out.
If you have insurance cover, get in touch with the insurance company and let them know. You’re not trying to make things difficult for people – you’re just making sure that your accident is recorded. Having a record of the accident will be useful when you make your claim.