![Corinne McKenna LLB](https://www.claims.co.uk/wp-content/uploads/2024/07/Corinne-Mckenna.jpg)
Corinne McKenna LLB
Legal writer
How Much Could You Claim?
Does your claim qualify? Get free, no obligation advice!
If you have been hurt in an accident that wasn’t your fault, you may be entitled to bring a personal injury claim for compensation. As part of the claims process, you will likely engage in settlement discussions with the other side, during which they may make an offer to settle your claim for a specified amount.
As the claimant (the person bringing the claim), you have the final say in whether to accept the offer. If you are unhappy with it, you may reject it. However, doing so can have serious consequences in certain circumstances. Accordingly, it’s essential to understand those consequences before making any decisions regarding a compensation offer.
A compensation offer is an offer by the party you are suing (known as the ‘defendant’) to settle your claim for a specific sum of money. Generally speaking, compensation offers are made in ‘full and final settlement’ of a claim.
This means that once you have accepted the offer, you cannot go back to court to claim more.
Before you accept a settlement offer, you should discuss it with your personal injury solicitor, who will consider it and advise whether it is fair. To assist them in assessing the offer, your solicitor will likely consider various matters, including the following:
However, if a compensation offer appears fair and reasonable in the circumstances, your personal injury solicitor may advise you to accept, even if you are unhappy with it. This is because failing to accept a reasonable compensation offer can have severe cost consequences, as we explain below.
If you refuse a compensation offer and go on to win a higher level of compensation at trial, the offer will have little practical consequence for you.
However, if you reject a settlement offer and go on to be awarded less compensation than the defendant had offered, your refusal can have far-reaching consequences, particularly if the offer was made in the form of a ‘Part 36 Offer’.
Part 36 offers are compensation offers made on a ‘without prejudice’ basis. ‘Without prejudice’ means they cannot be referred to by the parties during the litigation, so the judge will be unaware that a part 36 offer has been made when making their decision and cannot be swayed by it.
However, once the case has been resolved and the issue of legal costs comes into play, the part 36 offer kicks in.
If you refused a part 36 offer for an amount higher than that which the judge eventually awards, you will likely have to pay the defendant’s costs from the date on which you could have accepted the offer onwards, even though you have won the case. You may be protected from this liability if you funded your case with a no win, no fee agreement and your solicitors and insurers agreed that you should refuse the offer.
No win, no fee agreements are a great way of ensuring that everyone who has been injured in a no-fault accident has access to justice, regardless of their financial situation.
Many personal injury solicitors represent their clients on a no win, no fee basis.
However, most no win, no fee agreements permit the solicitors to terminate the arrangement in specific circumstances. These circumstances might include:
The vast majority of personal injury solicitors develop strong working relationships with their clients and are committed to acting in their best interests and securing the highest level of compensation possible on their behalf.
Accordingly, situations like the one mentioned above are rare. However, to minimise the risks, it’s important to use a personal injury solicitor whose advice you trust, and to take the time to understand the terms of your no win, no fee agreement before you sign.
If you’ve been offered compensation for your personal injury claim and are unsure about accepting it, don’t leave your future to chance.
Consulting with a knowledgeable personal injury solicitor can make all the difference in securing the compensation you deserve. Understand your rights, evaluate your options, and make informed decisions to avoid costly mistakes.
Seek expert guidance to navigate the complexities of your compensation claim. Contact a trained legal advisor for free on 0800 234 6438. They will offer free, impartial advice to help you decide how to proceed.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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